A journey in effective correctional reform: Canada's Corrections and Conditional Release Act.

Canada's Corrections and Conditional Release Act (CCRA) is the foundation of the country's federal corrections and conditional release system. Its purpose is the long-term protection of Canadians, and as such, it has a direct impact on public safety. The act has been in force for five years and currently is undergoing a parliamentary review. With the review now well under way, extensive consultation within the correctional system as well as with the public at large indicate that the edicts of the CCRA will be upheld.

The Context of Legislative Reform

Like most significant policy or legislative initiatives, CCRA was not the result of a single issue or event. Instead, it was the culmination of years of work and diverse concerns, perspectives, challenges and opportunities.

The 15-year period preceding the creation of CCRA saw considerable growth in crime rates in Canada, particularly in the years just prior to the act's enactment in 1992. Overall, the crime rate rose by about 40 percent. While the rate of property crime increased by 28 percent, the largest increase was in the rate of violent crime (86 percent).

Throughout the late 1970s and 1980s, public opinion surveys showed that Canadians were losing confidence in their criminal justice system. Moreover, many Canadians believed that the law needed to be reviewed and updated to reflect the impact of a society that had changed significantly since the introduction of the Penitentiary Act in 1868 and the Parole Act in 1959.

Over the same period, public pressure mounted for formal recognition of the role of victims. Both victims' groups and the public identified access to information about offenders and their conditional release as priorities.

The years just prior to CCRA's creation also presented complex challenges involving Aboriginal peoples and criminal justice. Research had demonstrated persistent Aboriginal overrepresentation at all stages of the criminal justice process, from policing through courts to corrections. Proposals from Aboriginal groups called for revised legal frameworks and jurisdictional arrangements.

In August 1988, a parliamentary standing committee released a report that made numerous recommendations for reform, emphasizing a need for the restoration of public confidence in criminal justice and for greater openness, accountability and effectiveness. In response to the report, the government released a consultation package in June 1990 titled "Directions for Reform," which addressed sentencing, sentence administration and conditional release.

In 1991, a parliamentary committee reviewed the detention provisions of the Parole Act, which allowed an inmate to be held until sentence expiry. While supporting the continuation of detention, the committee made numerous recommendations for reform, such as the expansion of the categories of offenders who could be eligible for such a finding.

CCRA - Groundbreaking Legislation

When CCRA was proclaimed law in November 1992, it signaled an important step forward for Canada's criminal justice system. CCRA replaced the outdated Penitentiary and Parole acts and consolidated corrections and conditional release. Under CCRA, public protection became the key consideration in decisions concerning the treatment and release of inmates.

The new act was recognized internationally as groundbreaking legislation. For instance, it contained a statement of purpose and principles; it put into law the common-law concept of the "duty to act fairly"; and it was one of the first pieces of legislation to reflect Canada's Charter of Rights and Freedoms, which was enacted in 1982. For the first time, victims of crime were formally recognized in the federal corrections and parole process, as were the special needs of female offenders, Aboriginal offenders and others. Also, CCRA instated the long-standing Office of the Correctional Investigator as an ombudsman for federal inmates.

The principles enshrined in CCRA reflect the mission of the Correctional Service of Canada (CSC), the agency responsible for federal corrections. CSC's mission is to contribute to the maintenance of a just, peaceful and safe society by carrying out sentences imposed by courts through the safe and humane custody and supervision of offenders. In addition, CSC assists in rehabilitating offenders and reintegrating them into the community as law-abiding citizens through the provision of institutional and community programs.

To help fulfill this mission, CCRA adheres to the following 10 principles:

* That the protection of society is paramount;

* That all relevant available information should be considered, including that from the courts and victims, in assessing the risk an offender presents, in managing the case and in release decision-making;

* That information should be shared among all components of the criminal justice system, and that CSC communicate policies and programs to offenders, victims and the public;

* That CSC use the least restrictive measures consistent with the protection of the public, staff members and offenders;

* That offenders retain the rights and privileges of all members of society except those rights that are necessarily removed or restricted as a consequence of sentencing;

* That CSC inform the public of matters relating to its operations; That correctional decisions be made in a forthright and fair manner, with access for the offender to an effective grievance procedure;

* That correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women, Aboriginal peoples and other offenders;

* That offenders be expected to obey penitentiary rules and conditions governing temporary absence, work release, parole and statutory release, and to actively participate in programs designed to promote their rehabilitation and reintegration; and

* That staff members be properly selected and trained, be given appropriate career development opportunities, have working conditions free of practices that undermine a person's sense of personal dignity, and have the chance to participate in developing correctional policies and programs.

Provisions of Act

The act's many provisions are commonly grouped into the following broad, thematic areas:

Public Safety and Reintegration - CCRA identifies the risk of reoffending as the dominant criterion in conditional release decision-making. Under the act, all offenders are classified based on individual risk assessment. The act also created special provisions for the collection and sharing of information.

The purpose of day parole is to prepare offenders for release on full parole or statutory release. Eligibility for day parole was set at six months before full parole eligibility. Offenders also are required to apply for day parole, as opposed to receiving automatic review. The criminal code was amended to give judges the authority to set parole eligibility for violent and serious drug offenders after one-half of a sentence has been served. Provisions were made for offenders to be directed to parole release at their parole eligibility date unless they were assessed as posing a risk of violent reoffending.

CCRA abolished remission of sentence based on institutional behavior and mandatory supervision, and replaced them with statutory release under community supervision after two-thirds of the sentence had been served. Use of detention was retained to manage those offenders assessed as posing an imminent danger of serious, violent reoffending and who are approaching statutory release. This provision allows the National Parole Board to detain such offenders until their sentences expire.

CCRA also recognizes the need for effective treatment strategies to help offenders reintegrate into the community. Treatment programs are available to assist offenders in several areas, including drug and alcohol abuse, living skills, mental disorders and violent sexual reoffending.

Openness and Accountability - CCRA has endeavored to restore public confidence and increase public understanding in part by recognizing the interests of victims in the corrections and conditional release processes. The act includes measures for collecting and using information from victims and for providing information to them. In addition, the act created a conditional release decision registry and provides for observers to attend conditional release hearings.

Fair Processes and Equitable Decisions - The act created provisions that provide clear criteria governing decisions concerning institutional placement, transfer and administrative segregation. It also directs staff in performing searches and seizures consistent with the charter, and outlines the institutional requirements for safety and investigations. Moreover, it has clarified the disciplinary process for offenders and created a process by which inmates can file formal complaints. The common-law "duty to act fairly" was solidified, requiring the justice system to provide inmates with all information needed to make decisions affecting their liberty or other significant interests. As noted, the act also formally recognized the Office of the Correctional Investigator as an ombudsman for federal offenders.

Special Groups, Special Needs - Finally, the act specifically recognized the special needs of women offenders and established the requirement for programs and services suited to their needs. The act also endorsed greater Aboriginal involvement in and control over matters affecting Aboriginal offenders. These provisions enable CSC to enter into agreements with Aboriginal communities and Aboriginal correctional authorities for control and custody of Aboriginal offenders. CCRA provisions also call for culturally sensitive policies and programs, and the recognition of Aboriginal spirituality and spiritual leaders as equal to other religions and religious leaders.

CCRA Review

While CCRA is generally considered to be working as intended, the required five-year review provides an opportunity to reflect, consult and make any necessary adjustments. To support the review, CSC Commissioner Ole Ingstrup established and chaired a steering committee that included representatives of the National Parole Board (NPB), the Office of the Correctional Investigator, the Department of the Solicitor General, Justice Canada and the Privy Council Office. In the last year and a half, a working group representing those departments consulted widely within CSC and NPB, meeting with operational and administrative staff in all regions of the country and at National Headquarters in Ottawa. The information garnered from these consultations resulted in 24 evaluation reports, each focusing on a different aspect of CCRA. In turn, the findings from the evaluation reports and related studies were consolidated in a single report, which has been given to the parliamentary Standing Committee on Justice and Human Rights. The reports, which provide valuable information on all aspects of CCRA, have been made available to the public through the Internet site of the solicitor general of Canada (http://www.sgc.gc.ca).

Public Consultations

With internal consultations completed, the public consultation phase of the CCRA review began. On March 3, 1998, Solicitor General Andy Scott launched this phase with the release of the report Toward a Just, Peaceful and Safe Society: The Corrections and Conditional Release Act Five Years Later. While inviting Canadians to participate in the review via public debate, Scott said, "The fundamental purpose of the CCRA is public safety. I am committed to fostering an open and frank dialogue about the CCRA, and I am ready to propose improvements to the legislation where the need for change is clear."

The first debate took place on March 27. At Scott's invitation, members of the National Reference Group (NRG) met to discuss the act and its operation. The NRG is made up of organizations and individuals with an active interest in improving Canada's criminal justice system. Roundtable discussions at the meeting focused on the four broad areas of CCRA described above, which was addressed in a consultation paper summarizing the findings on the operation of the act.

While NRG members agreed that CCRA provides a strong framework for the criminal justice system, participants expressed concerns about a number of the act's provisions, including the Accelerated Parole Review provision, detention provisions, Aboriginal over-representation, involvement of victims within the criminal justice system, and the quality of programs preparing inmates for release.

During the spring and early summer, the working group continued its public consultations. Individuals and stakeholder groups, such as the John Howard Society and victims' associations, Aboriginal organizations and others, had the opportunity to voice their concerns and ideas at a series of five regional meetings. Inmate committees representing incarcerated offenders, as well as those on conditional release, also were consulted.

Parliamentary Review

On May 4, Scott tabled the CCRA review and passed the findings to the parliamentary Standing Committee on Justice and Human Rights, a permanent, all-party committee of the House of Commons that will study the act.

The Standing Committee is expected to consider the CCRA and hear witnesses later this year. Following its review, the committee will report to the solicitor general and to parliament. Ultimately, it is the government's responsibility to decide what, if any, amendments will be made to CCRA as a result of the five-year review.

Lynn Cuddington is acting director, policy, of the Correctional Service of Canada.