QUESTION PERIOD — Ministry of Public Safety
Conditional Release of Prisoners
March 30, 2022
Welcome, Minister Mendicino. While we recognize that Correctional Service Canada does not have control over who is sentenced to prison, correctional policies and decision making, as you know, have the power to either reinforce or help redress the current mass incarceration of those who are most marginalized.
What are your specific plans with the department to first build upon existing exchange of service agreements between provinces and territories to ensure and expand the use of transfers of prisoners with disabling mental health issues to provincial health care facilities, as authorized by section 29 of the Corrections and Conditional Release Act — so that they can receive the appropriate health care and treatment they need — and second, to eradicate current policy and practical limits imposed by Corrections on sections 81 and 84 of the CCRA that legislate the transfer and conditional release of Indigenous prisoners and other marginalized prisoners to the care and custody of communities?
Thank you, senator, not only for the question but for your ongoing advocacy in this space. You know that I am passionate about these issues, having worked in the criminal justice system myself.
I will say that I think it is imperative that we work with provincial reformatories and governments in the correctional space to ensure that there are appropriate transfers according to the principles that are laid out in the statute, but I also want to take a moment to underline what the core of the problem is.
The core of the problem is the long and historic overrepresentation of Indigenous peoples, particularly in our jail systems, as a result of the systemic challenges and racism that we have seen within our criminal justice system. That is something that we have to change.
Among the many things that we are doing in Correctional Service Canada is allowing for the transfer flexibility and supports required are given to those who are serving out their sentences in our inmate facilities. We have to address the upstream challenges as well. That means making sure that we can divert Indigenous peoples away from the criminal justice system before they get there. That means investing in mental health, housing, education and continuing to make the progress that is needed around safe water. Those are root causes of the problems that you identified in your question, but certainly when it comes to transfers and other supports that we can provide, we will do that in a way that is consistent with rights under the Charter.
