EXAMINATION OF THE INSTITUTIONS - CORRECTIONAL SERVICE CANADA

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Correctional Service Canada

A. METHODOLOGY

An audit was conducted at the head office of Correctional Service Canada (CSC) in the National Capital Region, and telephone interviews were conducted at 14 designated bilingual institutions in Quebec and New Brunswick, and at the Quebec and Atlantic regional offices.

We mainly reviewed the relevant policies and operational directives, the organizational structure, the professional service contracts and a third party operating agreement in Quebec.

Some of the data used for this audit were collected from a study conducted by the Office of the Commissioner of Official Languages on services to inmates in institutions not designated to provide services (including health care) in both official languages.


B. OBSERVATIONS AND RECOMMENDATIONS

Our observations and recommendations are based on the audit criteria listed in Appendix E of this report.

1. Identifying the clientele and measuring significant demand

CSC does not know its clientele in advance; therefore, it must identify the offenders’ preferred language at the time of their admission. The admission departments are located in the Atlantic, Quebec, Ontario and British Columbia regional reception centres and in seven institutions in the Prairie region. These reception and admission departments conduct a complete assessment of the offenders’ background, including a medical examination, and prepare them to adjust to life in the correctional institution where they will subsequently be held. The procedure for receiving offenders and collecting data on their preferred language varies according to region and institution. However, we note that a single bilingual admission form is used by all institutions. This information is subsequently recorded in the Offender Management System 7.

CSC complies with paragraph 6(1)(a) of the Official Languages (Communications with and Services to the Public) Regulations by taking into account Treasury Board Directive C on the operational definition of the concept of restricted clientele. Consequently, at this time, only those institutions located in Quebec and New Brunswick have been designated bilingual. These institutions are listed in the following table.

PROVINCE

BILINGUAL INSTITUTIONS 8

Quebec

Archambault Institution

 

Cowansville Institution

 

Donnacona Institution

 

Drummond Institution

 

Joliette Institution

 

La Macaza Institution

 

Leclerc Institution

 

Montée Saint-François Institution

 

Port-Cartier Institution

 

Sainte-Anne-des-Plaines Institution

 

 

New Brunswick

Atlantic Institution

 

Dorchester Penitentiary

 

Shepody Institution

 

Westmorland Institution


However, a study conducted by the Office of the Commissioner of Official Languages on services to inmates in institutions not designated to provide services in both official languages revealed a discrepancy.

When they arrive at the admissions department of one of the four reception centres—Atlantic, Quebec, Ontario or British Columbia—or one of the seven institutions in the Prairie Region, offenders are not yet part of the restricted and identifiable clientele as defined in paragraph 6(1)(a) of the Regulations for the application of section 22 of the Official Languages Act. They have not yet been fully informed of their language rights as inmates and they have not yet indicated their preferred language. Consequently, the admission departments are subject to the general demographic rules concerning significant demand.9 We are of the opinion that the simple fact that offenders sign an admission form without previously being informed of their language rights does not constitute proof of their preferred official language. Therefore, our report concludes that the reception centres in Ontario and British Columbia as well as the seven institutions that receive offenders in the Prairie Region do not meet their linguistic obligations. Thus, the Commissioner has recommended that CSC review its admission procedures for offenders.

In view of the preceding, we find that the Department does not fully satisfy the audit criterion in relation to identifying the clientele and measuring significant demand.

The Commissioner upholds the recommendation made to CSC in its January 2006 report entitled Study on Services to Inmates in Institutions Not Designated to Provide Services in Both Official Languages.

Recommendation 20
The Commissioner recommends that Correctional Service Canada review its procedures for admitting offenders in the Regional Reception Centres and other institutions performing this function, in order to provide this service in both official languages, in accordance with the Official Languages Act and the Regulations.

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