Key Findings of the Auditor General of Canada

• There was no plan or timeline in place to better reflect the diversity of the offender population in corrections staff.
• Indigenous and Black offenders were placed at higher security levels on admission into custody at twice the average rate of other offenders. However, the reliability of Correctional Service of Canada’s (CSC’s) security classification tool, the Custody Rating Scale, had not been validated since 2012, and its use had never been validated for Black offenders specifically.
• While CSC was legally required in 2019 to provide programs and services tailored to the unique needs of offenders identifying as visible minorities, it had not updated its method to collect this information on the offender population to match that used by Statistics Canada for the Canadian population.[1]

Summary of Committee Recommendations and Timelines

Table 1—Summary of Committee recommendations and timelines

Recommendation	Recommended Action	Timeline
Recommendation 1	Correctional Service of Canada (CSC) should provide the House of Commons Standing Committee on Public Accounts with a report: (1) outlining the changes to the Custody Rating Scale following its revalidation and the potential impact on all offenders, and specifically women, Indigenous and Black offenders; (2) presenting the analysis of the reasons for overrides to the initial security classification of Indigenous offenders; and (3) indicating how the agency will ensure that Canada’s social history (including factors identified in the Gladu Report) is properly considered for classification decisions.	31 December 2023
Recommendation 2	CSC should provide the Committee with a report containing the following quarterly statistics: (1) the percentage of inmates serving sentences of four years or less with an identified program need who completed their program prior to first release; and (2) the median number of days from admission to start of first readiness program. These statistics are to be presented for all inmates, as well as specifically for men and women, members of visible minorities, and Indigenous and Black inmates. The first report is also to include the internal assessment of the effectiveness of reintegration programs for the Black offenders population.	Quarterly, from 31 August 2023 to 28 February 2026
Recommendation 3	CSC should provide the Committee with a report explaining how its diversity information on the inmate population has been improved and aligned with that of Statistics Canada. In addition, CSC should provide the Committee with the findings of its full gender-based analysis plus.	31 March 2024
Recommendation 4	CSC should provide the Committee with a report containing the following quarterly statistics: (1) the percentage of men and women, Indigenous and non-Indigenous offenders, visible minorities and Black offenders who are granted a discretionary release at the time of their first release; and (2) the percentage of security level reassessments completed according to the timeframes specified in policy, for men and women, Indigenous and non-Indigenous offenders, visible minorities and Black offenders who have successfully completed a correctional program.	Quarterly, from 31 August 2023 to 28 February 2026
Recommendation 5	CSC should provide the Committee with a report including the following annual statistics from the prior fiscal year: (1) the percentage of Indigenous, Black, and visible minorities inmates in the offenders population, and the percentage of front-line staff and management staff who are Indigenous, Black and visible minorities; and (2) the percentage of Indigenous, visible minorities and Black offenders and of women, Indigenous, visible minorities and Black front-line staff and management staff, in women offender institutions.	31 August 2023 31 August 2024 31 August 2025 31 August 2026
Recommendation 6	CSC should provide the Committee with a report outlining: (1) the changes made following the adoption of its Comprehensive Plan for Employment Equity, Diversity and Inclusion; and (2) unconscious bias and anti-racism/discrimination as well as diversity and cultural competency training compliance rates.	31 December 2023

Introduction

About this Report

On 31 May 2022, reports by the Auditor General of Canada were tabled in the House of Commons and referred to the House of Commons Standing Committee on Public Accounts (the Committee) for study,[2] one of which is entitled “Systemic Barriers — Correctional Service Canada.” This report summarizes the OAG’s report and presents the Committee’s recommendations for the Correctional Service of Canada (CSC).

Audit Parameters

The key parameters of the OAG’s performance audit are summarized in Table 2.

Table 2—Audit Parameters

Organization Audited	Correctional Service Canada (CSC)
Audit Objective	To determine whether CSC’s programs respond to the diversity of the offender population to support their safe and successful return to the community. This included examining CSC’s policies and practices to promote workplace equity, diversity, and inclusion.
Audit Period	The audit conclusion applies to the period covering 1 April 2018 to 31 December 2021.
Focus of the audit	CSC is responsible for providing correctional programs and services that address offenders’ criminal behaviour and that assist their reintegration into the community as law‑abiding citizens. Correctional programs and approaches are to respect offenders’ gender, ethnic, cultural, religious, and linguistic differences as well as their sexual orientation and gender identity and expression. These programs must also respond to the special needs of women, Indigenous peoples, visible minorities, people who need mental health care, and other groups. Furthermore, the CSC Commissioner, as deputy head of the agency, is responsible for fostering a diverse and inclusive workforce that meets or exceeds employment equity targets for management and staff.

Source:  Office of the Auditor General of Canada, Systemic Barriers — Correctional Service Canada, Report 4 of the 2022 Reports of the Auditor General of Canada, paras. 4.10 and 4.11.

Background

CSC administers the sentences of offenders serving two years or more as determined by the courts. It provides correctional services that are intended to reduce offenders’ risk to public safety and prepare them for release on parole. As such, the point at which offenders receive these services has an impact on the length of time they remain in custody.

The average length of most sentences served in federal penitentiaries is less than four years, meaning that offenders are eligible to apply for parole within a year of admission, as illustrated in Figure 1. To prepare an offender for a parole hearing, CSC assesses each offender’s suitability for parole and provides a recommendation as to whether the offender should be granted or denied parole. Decisions about whether to grant parole (and under what conditions) are made by the independent Parole Board of Canada.[3]

Figure 1– Eligibility for Release

Note:      The timeline shows a sentence of four years as an example. During the period of the audit, 72% of the offenders admitted into federal custody had a sentence of between two and four years. This does not include offenders serving life sentences.

Source:  Office of the Auditor General of Canada, Systemic Barriers — Correctional Service Canada, Report 4 of the 2022 Reports of the Auditor General of Canada, Exhibit 4.2.

Meeting of the Standing Committee on Public Accounts

On 9 February 2023, the Committee held a meeting on the OAG report with the following in attendance:

• OAG – Karen Hogan, Auditor General of Canada; Carol McCalla, Principal; and Steven Mariani, Director
• CSC – Anne Kelly, Commissioner; Alain Tousignant, Senior Deputy Commissioner; and Larry Motiuk, Assistant Commissioner, Policy[4]

Findings and Recommendations

A. Indigenous and Black Offenders Were Placed in Higher Security Institutions

The OAG found that “Indigenous and Black offenders were placed at higher security levels on admission into custody at twice the average rate of other offenders.”[5]

1. Custody Rating Scale Not Recently Validated

According to the OAG, “[t]he Custody Rating Scale is an actuarial tool used in the process for deciding an offender’s initial security classification. It is used for all offenders admitted into federal custody. Among other factors, it gives greater weight to an offender’s age at sentencing, age at first federal admission, and number of prior convictions. While an offender’s age is a strong indicator of institutional misconduct, this can disadvantage Indigenous and Black offenders in particular because of their overrepresentation in the criminal justice system. On average, Indigenous and Black offenders are younger than other offenders admitted into custody.”[6]

Furthermore, the OAG found that “[t]he Custody Rating Scale has also not been recently validated for use to ensure that the tool functions as intended. CSC’s most recent validation of the scale’s reliability dates to 2012. The scale was developed more than 30 years ago using a sample of men offenders. It has never been validated for use with Black offenders.”[7]

2. Use of Overrides Disadvantaged Indigenous Offenders

According to the OAG, “[f]or each offender admitted into custody, corrections staff are to assess the Custody Rating Scale’s result to determine an offender’s security level.”[8]

The OAG found that “staff had overridden the result recommended by the Custody Rating Scale for 30% of all security assessments, with almost half to a higher level of security.”[9] Furthermore, “Indigenous offenders were more likely than non‑Indigenous offenders to have their initial security placement increased to a higher level through overrides of the Custody Rating Scale’s results. As well, [the OAG] found fewer overrides down to minimum security for Indigenous offenders than for non‑Indigenous offenders.”[10]

At the hearing, Karen Hogan, Auditor General of Canada, provided the following example:

We looked at a group of files, about 20 files, where we saw the custody rating scale being overridden and the indigenous offender being placed in a higher security institution. What was concerning was that we saw no evidence of their indigenous social history being considered in those 20 files. There was no documentation of it. That doesn’t mean it didn’t happen, but we saw no proof of it happening. That’s why we recommended that more needs to be done around overrides, but also codifying and solidifying the considering of indigenous social history in the way it’s supposed to be considered. That’s not to be more punitive but to help for better restoration.[11]

Consequently, the OAG made the following recommendation:

Correctional Service Canada should improve the initial security classification process for offenders by:

• undertaking a review, with external experts, of the Custody Rating Scale and its use in decision making—in particular for women, Indigenous, and Black offenders—and, on the basis of the results, taking action to improve the reliability of security classification decisions; and
• monitoring the level and reasons for overrides to the Custody Rating Scale results across institutions and security levels—in particular for Indigenous offenders—and ensuring the proper consideration of Indigenous social history for security classification decisions.[12]

Regarding the Scale, Anne Kelly, CSC Commissioner, stated the following:

In her report, the Auditor General raised concerns about CSC’s custody rating scale or CRS. The CRS is one component of a systematic and comprehensive process with respect to how we assign an initial security level to federally sentenced offenders, but it does not define the final placement decision. In addition to conducting ongoing research to ensure that our actuarial tools are reliable and valid, CSC signed [a memorandum of understanding] with the University of Regina, which is working at arm’s length to develop an indigenous- and gender-informed security classification process.

In collaboration with four external experts, CSC is also undertaking an extensive exercise to validate the custody rating scale for Black men offenders and to revalidate it for women and indigenous offenders.[13]

According to CSC’s action plan, the Scale revalidation exercise will be peer reviewed by 30 June 2023.[14]

Regarding security classification decisions, from now on, “each region will report on the level and reasons for overrides to the initial security classification of Indigenous offenders.”[15] These reports will be analyzed by National Headquarters. Additionally, by September 2023, CSC will conduct an internal consultation of draft peer-reviewed research products and identify implications for security classifications. These research products will be finalized and published by December 2023 and will be used to “identify any actions to be taken to improve security classifications.”[16]

Therefore, the Committee recommends:

Recommendation 1 – On the Custody Rating Scale

That, by 31 December 2023, Correctional Service of Canada provide the House of Commons Standing Committee on Public Accounts with a report: (1) outlining the changes to the Custody Rating Scale following its revalidation and the potential impact on all offenders, and specifically women, Indigenous and Black offenders; (2) presenting the analysis of the reasons for overrides to the initial security classification of Indigenous offenders; and (3) indicating how the agency will ensure that Canada’s social history (including factors identified in the Gladu Report) is properly considered for classification decisions.

B. Timely Access to Correctional Programs Continued to Decline

The OAG found that CSC “continued to face challenges in delivering correctional programs to offenders—including culturally specific programs to Indigenous offenders—by their first parole eligibility date. Timely access was significantly affected by the pandemic.”[17]

1. Access to Correctional Programs Delayed by the Pandemic

The OAG found that “over [the] audit period, there was a steady decline in access to correctional programs for all offender populations, which worsened with the onset of the COVID‑19 pandemic. The majority of offenders are serving short sentences (2 to 4 years), and timely access is important as most are eligible to apply for parole within a year. Of offenders serving sentences of 2 to 4 years who were released from April to December 2021, only 6% of men were able to complete their correctional programs before they were first eligible to apply for day parole.”[18]

Anne Kelly acknowledged the importance of Indigenous-specific correctional programs:

The indigenous correctional programs have been developed with indigenous people. Clearly, with indigenous people we see that there is a lot of trauma as well, so that’s included in the program. Too, there are elders who participate in the program to help them so that they can speak about what they’ve experienced.

In June 2019, Bill C-83, actually considering the indigenous social history, was enshrined in legislation. We’ve done a ton of training on indigenous social history. What I will admit, though, is that, with regard to how it translates in the recommendations and the decisions, we still have a little bit of work to do. We actually are very good at gathering the information and the indigenous social history, but then, looking at all these factors when we make recommendations and decisions, there is room for improvement.[19]

2. Gaps in Collection of Visible Minority Information

According to the OAG, “CSC has developed correctional programs to meet the unique needs of women and Indigenous offenders, and it confirmed their effectiveness in a series of research reports. However, their effectiveness has not been specifically assessed for offenders from visible minority populations.”[20]

Furthermore, “while CSC was legally required in 2019 to provide programs and services tailored to the unique needs of offenders identifying as visible minorities, it had not updated its method to collect this information on the offender population to match that used by Statistics Canada for the Canadian population.”[21]

Karen Hogan explained the data problem as follows:

What we found, and as we’ve been hearing throughout testimony today, is that there’s a lot of data available at Correctional Service Canada. A lot of the data gathered on visible minorities didn’t follow the same 11 buckets that Statistics Canada uses, such that then you would have a lot more data available through Statistics Canada.[22]

The OAG also noted that “CSC had not conducted a gender-based analysis plus assessment of its correctional programs and services for diverse groups of the offender population.”[23]

Consequently, the OAG made the following recommendation regarding correctional programs, specifically for visible minority inmates:

Correctional Service Canada should examine options in the delivery of correctional programs and take action to improve timely access and completion by offenders. Building on its recent evaluations of correctional programs, it should specifically examine their effectiveness with visible minority populations in custody, in particular with Black offenders.[24]

According to its action plan, CSC has already taken steps to “[s]trengthen uptake of the Prioritization Tool for offenders waitlisted for correctional programs to enhance timely access to correctional programs” and has developed and implemented “the Program Scheduling and Reporting component of the Virtual Correctional Program Delivery initiative.”[25] As well, the agency’s internal audit group is to re-examine “the 2020 Evaluation of Correctional Reintegration Program data to validate the effectiveness of reintegration programs for the Black offender population.”[26]

Also according to its action plan, in the third quarter of 2022–2023 (October–December 2022), “63.7% of offenders serving a sentence of 4 years or less with an identified need for correctional programming completed their program prior to first release, an improvement from 60.6% in Q2 2022-23.” As well, the “median number of days from admission to first readiness program improved from 103 days in [the second quarter] to 91 days in [the third quarter of] 2022-23.”[27]

To verify that this improvement is sustained, the Committee therefore recommends:

Recommendation 2 – On improving timely access to correctional programs

That, starting 31 August 2023 and ending 28 February 2026, Correctional Service of Canada provide the House of Commons Standing Committee on Public Accounts with a report containing the following quarterly statistics, by 31 August (1st quarter of the fiscal year), 30 November (2nd quarter), 28 February (3rd quarter) and 31 May (4th quarter): (1) the percentage of inmates serving sentences of four years or less with an identified program need who completed their program prior to first release; and (2) the median number of days from admission to start of first readiness program. These statistics are to be presented for all inmates, as well as specifically for men and women, members of visible minorities, and Indigenous and Black inmates. The first report is also to include the internal assessment of the effectiveness of reintegration programs for the Black offenders population.

Regarding diversity information, the OAG also made the following recommendation:

Correctional Service Canada should improve its collection of diversity information for offenders, ensure that the information is complete, and align its collection methodology with that of Statistics Canada. It should use this information to monitor the impact of its correctional policies and practices on diverse groups of offenders and to recognize and remove barriers to their successful reintegration.[28]

According to its action plan, CSC intends, by 31 March 2024, to “examine Correctional Service Canada’s approach and the Fall 2022 Census data relative to diversity information” and “implement necessary changes to the Offender Management System and corporate reporting systems, as applicable.”[29]

Since the OAG is recommending that CSC improve its collection of diversity information and align it with that of Statistics Canada, the Committee recommends:

Recommendation 3 – On diversity information on inmates

That, by 31 March 2024, Correctional Service of Canada provide the House of Commons Standing Committee on Public Accounts with a report explaining how its diversity information on the inmate population has been improved and aligned with that of Statistics Canada. In addition, Correctional Service of Canada should provide the Committee with the findings of its full gender-based analysis plus by 31 March 2024.

C. Indigenous Offenders Remained in Custody Longer Than Other Offenders

1. Late Preparation of Offenders for Parole

The OAG found that “few offenders were prepared for release when they were first eligible: only 16% of men and 31% of women offenders on average from April 2018 to December 2021,” and that “over these 4 years, both men and women Indigenous offenders were persistently released when first eligible at lower rates.”[30]

Furthermore, “men offenders were released an average of 6 months after their first eligibility date. Women offenders were released an average of 4 months after their first eligibility date …. [B]oth men and women Indigenous offenders were persistently released 2 months later in their sentences than non‑Indigenous offenders.”[31]

2. Longer Time in Custody for Indigenous Offenders

The OAG found that “Indigenous offenders served longer portions of their sentences in custody than average, placing them at a disadvantaged access to earlier release on parole under supervision in the community.”[32]

Consequently, the OAG made the following recommendation:

Correctional Service Canada should identify and take action to address root causes contributing to delays in the preparation of offenders—particularly Indigenous offenders—for first release. Correctional Service Canada should also improve the timely completion of reassessments of offenders’ security levels, to facilitate their safe transitions into the community.[33]

According to its action plan, CSC will complete a case review study to examine the factors contributing to the non-release of Indigenous offenders by first eligibility date, expected to be completed by 30 April 2023.[34]

The agency also plans to implement the Correctional Planning and Decisions Initiative, which “has demonstrated the potential to support the business requirements to enhance correctional planning,” and “[s]trengthen compliance with policy requirement to reassess Indigenous offenders’ security levels following a significant event, through the implementation of a proactive tracking mechanism.”[35] The two expected results of these actions are

• an increase in the percentage of Indigenous offenders who are granted a discretionary release at the time of their first release; and
• an increase in the number of security level reassessments completed according to the timeframes specified in policy, for Indigenous offenders who have successfully completed a correctional program.”[36]

Since the Committee wishes to focus on results rather than processes, it therefore recommends:

Recommendation 4 – On the preparation of Indigenous offenders and reassessments of security levels

That, starting on 31 August 2023 and ending on 28 February 2026, Correctional Service of Canada provide the House of Commons Standing Committee on Public Accounts with a report containing the following quarterly statistics, by 31 August (1st quarter of the fiscal year), 30 November (2nd quarter), 28 February (3rd quarter) and 31 May (4th quarter): (1) the percentage of men and women, Indigenous and non-Indigenous offenders, visible minorities and Black offenders who are granted a discretionary release at the time of their first release; and (2) the percentage of security level reassessments completed according to the timeframes specified in policy, for men and women, Indigenous and non-Indigenous offenders, visible minorities and Black offenders who have successfully completed a correctional program.

D. There Was No Plan or Timeline in Place to Better Reflect the Diversity of the Offender Population in Corrections Staff

1. Representation Gaps at Institutions

According to the OAG, “[b]eyond meeting its employment equity obligations, CSC has set goals to have a workforce that better reflects the diversity of the offender population. In 2021, it developed workforce representation objectives for Indigenous and visible minority offender populations by institution, adjusted by regional workforce availability. However, no implementation plan or timeline for meeting these objectives had been developed.”[37]

The OAG noted that “the representation objective for visible minorities does not align with the overrepresentation of certain groups, in particular Black offenders,” and that there were “representation gaps for Indigenous peoples between correctional officers and offenders in each region.”[38]

Consequently, the OAG made the following recommendation:

Correctional Service Canada should develop workforce representation objectives that align with the offender population in custody, with particular attention to overrepresented groups (such as Indigenous and Black offenders), and should formalize gender representation objectives at women’s institutions. In both cases, CSC should monitor progress according to an established timeline and consider which roles and functions (such as front‑line, institution-based officers) are priorities.[39]

According to its action plan, CSC is introducing various measures to reduce the gap in representation between staff and the offender population:

• identify sites and functional groups that should be prioritized to better reflect the offender population;
• develop representation objectives for visible minorities that aligns with the offender population for the prioritized sites and functional groups; and
• develop a Business Intelligence tool to monitor progress against objectives.[40]

Other actions are aimed at obtaining an “[o]ptimal ratio of women to male Primary Workers in women’s facilities to ensure sufficient gender representation at women’s institutions and the healing lodge”:[41]

• dedicate seats for Correctional Training Program for women sites, in keeping with identified gender ratio; and
• conduct a review of the targeted Primary Worker staffing ratio for women’s institutions and the healing lodge.[42]

Therefore, the Committee recommends:

Recommendation 5 – On the representation of certain groups within the workforce

That, by 31 August 2023, then by 31 May 2024, 2025 and 2026, Correctional Service of Canada provide the House of Commons Standing Committee on Public Accounts with a report including the following annual statistics from the prior fiscal year: (1) the percentage of Indigenous, Black, visible minorities inmates in the offenders population, and the percentage of front-line staff and management staff who are Indigenous, Black and visible minorities; and (2) the percentage of Indigenous, visible minorities and Black offenders and of women, Indigenous, visible minorities and Black front-line staff and management staff, in women offender institutions.

2. Persistent Employment Equity Gaps

The OAG found that “strategies and programs meant to support greater diversity and inclusion in the workplace fell short, leaving persistent barriers unresolved. CSC had not reviewed its employment systems to develop a plan to resolve identified barriers. Nationally, its workforce representation exceeded employment equity targets for the Indigenous peoples and visible minority groups but had employment equity gaps for women and people with disabilities.”[43]

Consequently, the OAG made the following recommendation:

To address employment equity representation gaps and increase the diversity and inclusivity of its workforce, Correctional Service Canada should:

• finalize and implement its plan to address diversity and inclusion gaps, informed by an employment systems review and the results of the Public Service Employee Survey, to address systemic barriers to underrepresented groups; and
• ensure that all staff complete required diversity training and implement refresher training to ensure that they have the most up‑to‑date knowledge on these topics, in order to support a diverse and inclusive workforce.[44]

According to its action plan, CSC annually reviews the Public Service Employee Survey results. The agency is on track to implement its Comprehensive Plan for Employment Equity, Diversity and Inclusion.[45]

As well, the diversity and cultural competency training compliance rate as of 26 January 2023 was 85.4%.[46] Although this statistic is encouraging, the Committee nevertheless wants to ensure that all staff take anti-racism and diversity training, and therefore recommends:

Recommendation 6 – On diversity and inclusion

That, by 31 December 2023, Correctional Service of Canada provide the House of Commons Standing Committee on Public Accounts with a report outlining: (1) the changes made following the adoption of its Comprehensive Plan for Employment Equity, Diversity and Inclusion; and (2) unconscious bias and anti-racism/discrimination as well as diversity and cultural competency training compliance rates.

Conclusion

Correctional Service of Canada is mandated to prepare offenders for safe release into the community and provide programs and interventions that are responsive to the unique needs of women, Indigenous peoples, and visible minorities

The OAG found that CSC failed to address and eliminate the systemic barriers that persistently disadvantaged certain groups of offenders in custody that they identified in previous audits. It also failed to develop a plan for its workforce to better reflect the diversity of the offender population. As a result, Indigenous and Black offenders faced greater barriers to a safe and gradual reintegration into society than other incarcerated groups.

The Committee has made six recommendations to ensure that the OAG’s recommendations are properly followed, and that CSC provides the Committee with evidence of this through progress reports containing specific statistics measuring the results. These recommendations pertain to the Custody Rating Scale, timely access to correctional programs, diversity information on inmates, preparation of Indigenous offenders and reassessments of security levels, the representation of certain groups within the workforce, and diversity and inclusion awareness.