Corrections in Canada Policy and Practice Second Edition by John W. Ekstedt and Curt T. Griffiths School of Criminology Simon Fräser University Butterworths Toronto and Vancouver Corrections in Canada © 1988 Butterworths Canada Ltd. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means (photocopying, electronic, mechanical, recording, or otherwise), without the prior written permission of the copyright holder. Printed and bound in Canada The Butterworth Group of Companies Canada: Butterworths, Toronto and Vancouver United Kingdom: Butterworth & Co. (Publishers) Ltd., London and Edinburgh Australia: Butterworths Pty Ltd., Sydney, Melbourne, Brisbane, Adelaide and Perth New Zealand: Butterworths (New Zealand) Ltd., Wellington and Auckland Singapore: Butterworth & Co. (Asia) Pte. Ltd., Singapore United States: Butterworth Legal Publishers, Boston, Seattle, Austin and St. Paul D & S Publishers, Clearwater Canadian Cataloguing in Publication Data Ekstedt, John W. Corrections in Canada 2nd ed. Includes bibliographical references and index. ISBN 0-409-80159-3 1. Corrections — Canada. I. Griffiths, Curt T. (Curt Taylor), 1948-. II. Title. HV9507.E571988 364.6Ό971 C88-093144-2 Sponsoring Editor: Janet Turner Managing Editor: Linda Kee Supervisory Editor: Marie Graham Editor: Kathleen Hamilton Cover Design: Julian Cleva Production: Jim Shepherd To W.R (Bill) Foster and Donald Martin J.W.E. To my mother and father To Dr. R.G. Murphy C.T.G. Preface to the Second Edition During the early eighties, when we first discussed the development and eventual publication of this textbook, there was a keen awareness of how important the previous decade had been in changing the face of corrections in Canada. Much was done at that time in the way of program development and management restructuring. Trends were initiated which will continue to have implications for corrections practice in the future. The number of internal investigations and inquiries, alone, that were undertaken during the seventies distinguish that decade as a unique period in the history of Canadian corrections. Thus the first edition of this text emphasized those factors and events which were signalling change, as well as presenting examples of the nature of correctional decision-making and the problems associated with it. As we approached the task of providing a new edition of this material, we were immediately aware that the tone and temper of the correctional ethos had changed since the seventies. Perhaps the main change has been that the system itself has become less change-oriented and more inclined toward operational stability. This has largely resulted from the requirement for increased cost efficiency at all levels of correctional activity, because of economic restraint and the political changes emerging from a more conservative environment. We note, for example, that discussions on jurisdictional reform, which were a highlight of the seventies in federal/provincial negotiations, have lapsed since the end of that decade. The various correctional bureaucracies are committing much less energy to internal investigations and inquiries. There have been relatively few new initiatives in correctional programming, although some of the trends begun during the seventies continue to develop. This is not to say, however, that nothing is changing in the correctional system of Canada. We are just beginning to see the effects of the Charter of Rights and Freedoms. Some court decisions have already been made with regard to various aspects of correctional practice, and indications are that the Charter will v vi PREFACE TO SECOND EDITION have a continuing effect on correctional policy and practice. It seems clear, as well, that problems of restraint management and demands for cost efficiency will continue to motivate the system. We have added material to the text to help explain the various ways in which these shifts and changes are evidenced. One corrections investigation, the Carson Committee Report, completed since the first edition of this book was published, concentrated on a review of management practice. The interest in improving management practice for purposes of cost efficiency and operational stability reflects in part the changing mood in corrections since the seventies. It is interesting, as well, to note the greater interest in recording, assessing, and interpreting the history of Canadian corrections. There has been an increase in literature of this kind, and more attention is being given, especially within the provinces, to capturing correctional history. This situation, again, may reflect the changing mood regarding the importance of a sense of stability and rootedness in correctional matters, after ten or fifteen years of relative instability and innovation. As is usually the case, we are indebted to those who assisted us to research this edition. We would like particularly to acknowledge Patricia Ratel and Karen Lyons for their extensive work in reviewing the text for updating. We would like to thank Robbie Robidoux for calling to our attention some recent changes in the federal penitentiary system, and Linda Kee at Butterworths for her continuing support and guidance throughout the development of this edition. Preface to the First Edition The need for a comprehensive examination of Canadian corrections has become more pressing in recent years with the expansion of criminal justice and corrections courses at the university and college level and the development of staff training programs for correctional personnel. Our experience within the Canadian correctional system and involvement in teaching corrections courses at the university has reinforced the belief that Canadian corrections is a unique and distinctive enterprise — one which cannot be wholly understood through the study of the philosophy and operations of corrections in other countries. While Canadian corrections shares many of the policy perspectives and program emphases evident in other jurisdictions, particularly the United States, the unique social and political milieu within which the correctional system operates exerts a direct and significant influence on both correctional policy and practice. While presenting itself as a cultural mosaic, Canada is also a political mosaic, with jurisdiction distributed between several levels of government, each of which retains a degree of independence and authority in the administration of public affairs. The political organization of Canada is often referred to as "cooperative federalism" and there are few activities of government that do not require negotiation and agreement between political authorities at more than one level. It is this unique setting that gives Canadian corrections its distinctive attributes, and it is against this backdrop that we examine the major areas of the correctional enterprise. In addition to utilizing a framework which identifies and illuminates the distinctive characteristics of Canadian corrections, the relationship between policy and practice in the delivery of correctional services is highlighted. It is hoped that this thematic choice will serve both to illustrate the particular nature of Canadian corrections and to offer a perspective on correctional practice. Moreover, every effort has been made to systematically present the manner in which correctional policy is formulated, as vii viii PREFACE TO FIRST EDITION well as to examine the results of various policy and program initiatives. What emerges from our consideration of the various areas of policy and practice is that Canadian corrections is an exceedingly complex enterprise, one in which both correctional personnel and the clients of the system often struggle to understand the processes at work as well as the consequences of the decisions which are made. The complexity of the correctional system, however, should in no way diminish efforts to understand it, to examine the manner in which policy is formulated, and to attempt to assess the consequences of policies and programs. It is hoped that the materials presented in this volume will provide the impetus for the development of conceptual and theoretical frameworks through which the correctional enterprise can be studied, informed, and, where required, changed. The reader will note that the volume does not proceed from a particular ideological perspective, but rather attempts throughout to identify the various competing perspectives and their efficacy in addressing the issues under study. Obviously, it has not been possible in one volume to fully address all of the dimensions of correctional policy and practice. However, it is the authors' hope that the materials and discussions presented will provide the basis for further dialogue and research on the correctional enterprise. Should the volume serve these functions, we will have achieved our objectives. The authors are indebted to many individuals who participated, directly and indirectly, in the completion of this work. In the first instance are the many persons involved in the correctional enterprise in Canada and the United States with whom the authors have interacted over the years, including correctional administrators, inmates in Canadian federal and provincial and U.S. state and federal institutions, individuals associated with private correctional agencies, politicians responsible for corrections, and correctional line personnel. Substantial contributions to the authors' thinking on corrections have also been made by the many students whom they have taught over the years. While the book is the product of a collaborative effort, each author would like to acknowledge those individuals who made a significant contribution to both the perspective presented and the materials utilized. John Ekstedt would like to acknowledge the invaluable assistance of Gregg Macdonald, Associate Director of the Simon Fräser University Institute for Studies in Criminal Justice Policy, in editing the chapters on correctional policy, administration, planning and reform, and in providing ongoing Preface to First Edition ix advice and assistance. Curt Griffiths would like to express his gratitude and appreciation to his former mentors at the University of Montana — Drs. Gordon Browder, Robert W. Balch, and Richard D. Vandiver — for introducing him to the study of corrections and assisting the development of a "critical eye." A further debt is owed to Frank Mann, Eddy Williams, Stan Williamson, and AI Heide. Both authors would like to acknowledge the research assistance of Hollis Johnson, Linda Weafer, Alison Hatch, Ron Rea and Linda Graham. In a work of this kind, someone must cope with the seemingly endless drafts of the manuscript. In this regard, a special thanks must go to Mrs. Lynn Hill and to Alison Hatch for the innumerable hours of assistance provided in typing, editing, and computer entry. Throughout the writing of the volume, advice and editorial comments were provided by several of our colleagues in the Department of Criminology at Simon Fräser University — Drs. Raymond R. Corrado, Simon N. Verdun-Jones and F. Douglas Cousineau. Their ongoing support for our efforts was much appreciated. At Butterworths, Janet Turner and Linda Kee were a constant source of encouragement, and Shirley Corriveau contributed valuable editorial expertise. Finally, but importantly, we were fortunate to have the support, encouragement and understanding of our families, without which the project could not have been completed. JohnW.Ekstedt Curt T.Griffiths Simon Fräser University Burnaby, British Columbia, 1984 Tables l&ble 1.1 Justice Services: Percent of Tbtal Expenditures, 1977-78 11 Table 2.1 Historical Development of Law and Punishment 17 Table 3.1 Canadian Correctional Models 73 Table 3.2 Provincial/Territorial Expenditures on Community Supervision Services, 1979/80 and 1985/86 85 Table 3.3 Legal Adult Age by Province 90 Table 3.4 Ministries and Departments Responsible for Adult Corrections 91 Table 5.1 The Data Base in Correctional Planning 143 Table 7.1 Federal Correctional Institutions by Security Classification 192 Tkble 7.2 Correctional Treatment Modalities 205 Table 9.1 Provincial Correctional Agencies' Community Services for Adults 258 l&ble 10.1 Summary of Options Considered Related to the Federal/Provincial Split in Corrections Jurisdiction (1976) 309 Tible 10.2 Assessment of Options for the Split in Jurisdiction in Corrections 310 xvii Figures Figure 4.1 Internal and External Influences on the Formulation of Correctional Policy Ill Figure 6.1 Structure of Management and Administration in Corrections 161 Figure 6.2 Organization of the Government of British Columbia Cabinet Committee Structure (1979) 164 Figure 6.3 The Context of Policy Management in Government 166 Figure 6.4 Organization of the Secretariat of the Federal Ministry of Solicitor General 171 Figure 6.5 Organization of the Ministry of Corrections, Province of Ontario (1981) 172 Figure 6.6 Distribution of Average Per Diem Costs — Federal Corrections 1980-81 179 xix