ONTARIO FEDERATION OF INDIAN FRIENDSHIP CENTRES

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2014 OFIFC 219 Front St. E. Toronto, ON M5A 1E8 Phone: 416-956-7575 Fax: 416-956-7577 www.ofifc.

1 2014 OFIFC 219 Front St. E. Toronto, ON M5A 1E8 Phone: Fax: ONTARIO FEDERATION OF INDIAN FRIENDSHIP CENTRES Submission to the Parliament of Canada in Response to Bill C-12, An Act to amend the Corrections and Conditional Release Act (Drug-Free Prisons Act) January 10,

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3 INTRODUCTION ABOUT OUR POSITION As one of the largest urban Aboriginal organizations in Ontario, the Ontario Federation of Indian Friendship Centres (OFIFC) would like to provide our insight and commentary on Bill C-12, An Act to amend the Corrections and Conditional Release Act, also known in short as the Drug-Free Prisons Act, introduced by government and currently under review by Parliament. We believe the proposed amendments to the Corrections and Conditional Release Act (CCRA) will do very little to reduce substance use in prisons and that the government s proposed approach is entirely ineffective in this regard. The extent of Bill C-12 s legislative amendments is surprisingly concise and focuses solely on charging the Parole Board of Canada with the power to deny parole to inmates who fail or refuse drug tests. The government believes that Bill C-12 represents an additional administrative power to enhance the programs and policies already in place in prisons that are designed to inhibit substance use. This submission urges both the government and opposition parties to closely consider both current research on substance abuse treatment and input from communities disproportionately touched by addictions issues in an effort to legislate responsibly and transparently on this issue. Bill C-12 will ultimately cost taxpayers millions by both keeping inmates locked up for longer and by risking to increase offenders rates of recidivism. Considering the overwhelming consensus among clinical experts regarding substance abuse treatment and the unflinching rate of substance use documented within Canadian prisons, it is clear that the government s punitive approach is failing both inmates and taxpayers. This submission will highlight the need for enhancements to the Correctional Service of Canada s (CSC) harm reduction and rehabilitation approaches and the need for enhanced supports to link individuals with communitybased programs and apprenticeship and employment opportunities. It is our intention to also underscore the unique circumstances of Aboriginal offenders within the justice system who suffer from addictions and to bring attention to the cost-effective community-based approaches that work best in supporting their transition to treatment and community reintegration. The OFIFC believes that an approach to substance abuse that prioritizes harm reduction and culture-based methods to healing will prove to be an effective way to encourage safer, reduced, or eliminated substance use while reconnecting individuals with their culture and communities. Through the use of cultural supports and resources, harm reduction strategies will address the root causes of substance abuse, resulting in long-term wholistic healing for urban Aboriginal communities and improved mental health and well-being. ABOUT THE OFIFC The Ontario Federation of Indian Friendship Centres (OFIFC) is a provincial Aboriginal organization representing the collective interests of twenty-seven member Friendship Centres located in towns and cities throughout the province. Friendship Centres are notfor-profit corporations which are mandated to serve the needs of all Aboriginal people regardless of legal definition. This necessitates responding to thousands of Aboriginal 3

4 people requiring culturally-sensitive and culturally-appropriate services in urban communities. The OFIFC administers a number of programs which are delivered by local Friendship Centres in such areas as health, justice, family support, and employment and training. Friendship Centres also design and deliver local initiatives in areas such as education, economic development, children's and youth initiatives, cultural awareness, and justice. The vision of the Aboriginal Friendship Centre Movement is "to improve the quality of life for Aboriginal people living in an urban environment by supporting self-determined activities which encourage equal access to and participation in Canadian society and which respects Aboriginal cultural distinctiveness." REPRESENTATION OF ABORIGINAL PEOPLE IN THE JUSTICE SYSTEM The drastic overrepresentation of Aboriginal people within the Canadian justice system ensures that any changes to corrections legislation will have a disproportionate affect on Aboriginal communities. On March 7, 2013, the Office of the Federal Investigator presented a Special Report to Parliament titled Spirit Matters: Aboriginal People and the Corrections and Conditional Release Act which confirmed the ongoing discrimination that Aboriginal people uniquely face within the Canadian justice system. According to the report, despite representing approximately 3.8% of the national population, Aboriginal people make up 21% of federal inmates. 1 In Ontario, Aboriginal people make up less than 2% of the total population, but represent an overwhelming 11% of all adult inmates in both the provincial and federal custodial systems. 2 According to Public Safety Canada, the rates of over-incarceration of Aboriginal inmates within the federal system have been steadily rising. From to , the federallyincarcerated Aboriginal inmate population grew by 28.1% nationally. 3 In Ontario, the proportion of Aboriginal offenders within the federal custodial system continues to rise and the proportion of Aboriginal women within the federal system doubled in only five years. 4 In federal corrections, Aboriginal people receive harsher treatment in many areas: Aboriginal offenders serve a higher proportion of their sentence behind bars before their first release; are over-represented in maximum security institutions; are underrepresented in community supervision; are disproportionately involved in security incidents, use of force incidents, segregation, and self-injury incidents; and are more likely to have their parole revoked and return to prison. 5 The Correctional Service of 1 Office of the Federal Correctional Investigator. (March 2013). Spirit Matters: Aboriginal People and the Corrections and Conditional Release Act. 5. Retrieved from: 2 Statistics Canada. (2012). Aboriginal adult admissions to custody, by province and territory, 2010/2011. Data Table. Retrieved from: 3 Public Safety Canada. (2010). Corrections and Conditional Release Statistical Overview. Retrieved from: 4 Public Safety Canada. (2010). Corrections and Conditional Release Statistical Overview. Chart: The number of aboriginal offenders under federal jurisdiction is increasing. Retrieved from: 5 Ibid. 4

5 Canada has identified that more than 90% of federally sentenced Aboriginal offenders have an identified substance abuse problem and that Aboriginal women are a rising contingent of this offender population. 6 Substance abuse is not an issue solely relegated to Aboriginal or minority communities, but it is important to understand that the historically imposed and socioeconomic position of urban Aboriginal people within Ontario has left many communities more vulnerable to its effects. Substance abuse is generally considered to refer to the excessive use of alcohol, licit or illicit drugs, or toxic substances for the non-medical purpose of inducing particular emotions or states. High levels of substance abuse can result in delays in emotional and intellectual growth in young people, increased incidences of violence and disease, and decreased community and individual wellbeing. Overall, substance abuse represents a barrier to the development of healthy and safe communities. The current disproportionate rates of incarceration can be attributed to a confluence of factors, such as the inter-generational effects of colonization, the legacy of Residential Schools, and ongoing institutionalized violence, which are manifested today as social ills affecting the health and wellbeing of Aboriginal communities. The social determinants of criminal involvement are closely tied to those of ill-health and for Aboriginal people in Canada, they are historically situated to include complex layers of post-traumatic stress, inter-generational grief, and maladaptive learned behaviours. 7 Aboriginal communities struggle with high rates of substance abuse and addiction, suicide and suicidal ideation, mental illness, low educational achievement, and high levels of poverty. The cumulative effects of these products of intergenerational trauma and the ongoing policies that remove children from communities drive familial violence and lateral violence, and perpetuate cyclical poverty are reflected in the rising rates of incarceration of Aboriginal people. While national crime rates decline and the average standard of living in Canada is a source of international pride, the quality of life for Aboriginal people is sorely inadequate. Law makers who continue to look to law enforcement and the courts to legislate public safety have lost sight of the root causes of crime that include systemic discrimination and inequalities, low standards of living, and meager supports available for those who need them most. A recent study from British Columbia s Provincial Health Officer focused on the potential impacts of federal crime legislation on Aboriginal communities contextualized the importance of addressing criminal risk factors and health outcomes at an early age to ensure community wellness and uphold public safety. The report notes that: 6 Varis, David D., McGowan, Virginia, and Mullins, Peggy. (2006). Development of an Aboriginal Offender Substance Abuse Program. 42. Correctional Service of Canada. Retrieved from: 7 Office of the Provincial Health Officer. (March 2013). Health, Crime, and Doing Time: Potential Impacts of the Safe Streets and Communities Act (Former Bill C-10) on the Health and Well-being of Aboriginal People in BC. Government of British Columbia. 30. Retrieved from: 5

6 [s]ince there is such overlap and interconnection between determinants of health, protective factors for health, and protective and risk factors for crime, it is possible to reduce involvement in crime by improving the social determinants of health and health outcomes. The complex web of risk factors and vulnerabilities begins in childhood and continues throughout one s lifespan. 8 Urban Aboriginal communities have not been led towards substance abuse by some defect in culture; rather, it is the systematic and prolonged attempt at obliteration of Indigenous beliefs and customs that has left many individuals searching for a way to numb the pain. Aboriginal worldviews place an emphasis on a wholistic way of life, one that values the relationships between community, family, and self. The process of colonization and forced assimilation has left many of our communities without a sense of belonging or place. To prevent substance abuse, we clearly must address its root causes. BILL C-12 Bill C-12 seeks to amend the Corrections and Conditional Release Act by replacing and adding specific sub-sections that concern drug testing of offenders eligible for parole. The additions would ensure that the Parole Board of Canada receives information on offenders who have been granted parole, but have not yet been released, who either refuse to provide a urine sample or fail a unianlysis. Bill C-12 adds that if the offender has not yet been released at the time of the Parole Board receiving this information, the Board has the power to cancel the offender s scheduled parole. 9 Subsections 133(3) of the Act is replaced in Bill C-12 to specify that conditions imposed on an offender s parole can include any condition regarding the offender s use of drugs or alcohol, including in cases when that use has been identified as a risk factor in the offender s criminal behaviour. 10 These amendments reflect the ongoing punitive approach to corrections issues that government favours in defiance of ongoing expert recommendations that prioritize substance abuse treatment and enhanced reintegration planning for offenders. Furthermore, Bill C-12 s title is little more than a hyperbolic slogan that feeds the government s tough-on-crime public relations campaign as the provisions amended within the Bill will certainly not rid prisons of drugs. It is discouraging that, despite making a number of constructive arguments against Bill C-12 in the House of Commons, the official opposition have decided it will ultimately support the Bill solely wishing its title would be changed. Semantics aside, Bill C-12 is in line with an agenda that seeks to impose greater sanctions on offenders who require programmatic support such as substance abuse treatment and skills training in an effort to rebuild their lives and contribute to society when they are released from prison. The social and economic costs of Bill C-12 including the high costs of imprisonment, risk of increasing recidivism, 8 Ibid House of Commons of Canada. (2013). Bill C-12: An Act to amend the Corrections and Conditional Release Act. 2nd Session, 41st Parliament, 62 Elizabeth II, Retrieved from: 10 Ibid. 6

7 and the risks to communities will burden taxpayers who are being sold flawed rhetoric on community safety. ADDRESSING ADDICTIONS AND INCREASING PUBLIC SAFETY Approximately two-thirds of offenders in federal prisons report having been under the influence of intoxicants when committing the crime that led to their incarceration. 11 Inside prisons, four out of five offenders report a substance abuse problem, an issue which can often be coupled with mental health concerns and concurrent disorders. 12 The Correctional Investigator s Annual Report provides insight into the issue of drugs and home-brewed alcohol in federal prisons, noting the serious risks they pose to everyone who resides and works in correctional institutions. While the Correctional Investigator notes that it is extremely difficult to produce base-line data on the scope of the issue as drug supply and utilization are underground activities in prison, it is true that the number of drug seizures over recent years has increased, although it is unknown whether this increase can be attributed to heightened enforcement, or increased usage. According to an inmate survey dating back to 2007, 17% of men and 14% of women offenders had injected drugs while in federal prison with half of individuals sharing paraphernalia. 13 The rates of infection in prisons are staggeringly higher than rates within the general public. The rate of Hepatitis C in prison increased by 50% between the years to times the rate of infection outside of prison. The rate of HIV infection is seven to ten times higher in prison compared to within the general public. 14 Underscoring the importance of considering Aboriginal inmates unique needs in addressing substance abuse and health concerns, it is Aboriginal women who report the highest rates of infection. In federal penitentiaries 11.7% of incarcerated Aboriginal women reported HIV infection and 49.1% of Aboriginal women reported Hepatitis C infection. 15 Gangs are responsible for the majority of drug trafficking in federal penitentiaries and overall, gangs contribute to 25% of major security breaches and incidents. 16 Tragically, the Correctional Investigator s latest Annual Report notes that the majority of suicide victims in prison struggle with addictions and mental health issues. The approach by government to date has been to address the issue of drugs and other intoxicants in prisons through enhancing its enforcement mandate. In 2008, the government announced a $120 million investment in an anti-drug strategy over five years. 17 The funding supported the expansion of drug-detector dog teams, increased Security Intelligence Officers, and more robust scanning technology. The Correction Investigator reports that the results of these investments have varied and ultimately 11 Office of the Correctional Investigator. (2013). Annual Report of the Office of the Correctional Investigator The Correctional Investigator Canada. 15. Retrieved from: 12 Ibid Ibid Ibid Ibid Ibid Ibid

8 plateaued, suggesting that increased efforts are met by diminishing returns. 18 During the same time frame, the CSC s substance abuse programming fell from $11 million in to $9 million in , despite the sustained and growing need for supports. 19 Recent cuts to CSC s rehabilitative work program CORCAN 20 as well as apprenticeship programming further aggravates offenders potential to successfully develop skills for healthy community reintegration. 21 In this light, the Correctional Investigator has recommended that the government s enhanced interdiction efforts be complimented by prevention, treatment, and harm reduction measures to provide an integrated drug strategy in prisons. This strategic approach makes sense not only in terms of safety and health concerns, but also in terms of fiscal responsibility: A zero-tolerance stance to drugs in prison, while perhaps serving as an effective deterrent posted at the entry point of a penitentiary, simply does not accord with the facts of crime and addiction in Canada or elsewhere in the world. Harm reduction measures within a public health and treatment orientation offer a far more promising, cost-effective and sustainable approach to reducing subsequent crime and victimization. 22 The Annual Report of the Correctional Investigator outlines the range of supports currently available to federal offenders that fall within the realms of treatment and harm reduction including the National Substance Abuse Program, and the newer Integrated Correctional Program Model. These programs are designed wholistically to address the root causes of, and risk factors for, criminal behaviour. Furthermore, steps have been taken to ensure that offenders can access the programming much earlier in their sentence and the CSC has accommodated continual enrollments to increase program access. Enrollment data reflects these efforts: Enrolments for substance abuse programs have increased by 35% from FY to with the total number of enrolments increasing from 3,799 in to 5,145 in These gains must be sustained and enhancements ought to be prioritized above increased interdiction methods such as those proposed by Bill C-12. For Aboriginal inmates, the Aboriginal Offender Substance Abuse Program and Cultural Engagement was developed to meaningfully address addictions issues in a culturefocused way. Positive changes have been found from this program, but access and availability of the program varies. These types of programs must be more widely offered and plans for transitions into healthy community living situations once offenders are eligible for parole should be prioritized. 18 Ibid Ibid CORCAN is a Special Operating Agency of the Correctional Service of Canada through which inmates acquire the training and skills to build and make high quality office furniture and supplies. CORCAN sells its products to government agencies and businesses. 21 Paperny, Anna Mehler. (August 19, 2012). Corrections Canada to make budget cuts as prison population grows. The Globe and Mail. Retrieved from: 22 Ibid Ibid

9 The benefits of harm reduction outweigh those of incarceration and abstinence and include decreased rates and severity of substance use, fewer incidences of the associated violence and crime, decreased transmission of HIV and Hepatitis C, and decreased needle sharing, while increasing rates of safer and controlled substance use and attendance to treatment Aboriginal people with addictions benefit from harm reduction because it allows for safer substance use as they are welcomed back into the community circle, reconnected with their culture, and guided through their healing journey. This wholistic approach to substance abuse treatment is beneficial not only to the individual, but to the community as a whole. The OFIFC is concerned by the political push to pass and support Bill C-12 as its rhetoric regarding drug-free prisons ignores the fact that addictions issues must be addressed in a wholistic, integrated manner, and must provide transition supports, once offenders receive parole, not increased punitive measures. The lack of current reintegration programming and meaningful connections to communities contributes to public safety concerns and recidivism. The Friendship Centres represent an important resource for the justice sector to liaise with in an effort to put former inmates in touch with community-based resources, addictions supports, and eventually, employment opportunities. Friendship Centres represent culturally-based community hubs that offer preventative action against the social determinants of crime and ill-health. Continuously underfunded to provide the high caliber of programming and care, Friendship Centres represent a model of wholistic service delivery that has long deserved enhanced resourcing. Friendship Centres can be an Aboriginal offender s first point of contact when they reintegrate into a community. With the right connections, individuals can link with Friendship Centres for addictions supports, counseling, employment opportunities, and access to training. CONCLUSION AND RECOMMENDATIONS The issue of substance abuse in urban Aboriginal communities stems from a history of cultural assimilation and the resulting systemic racism, cultural isolation, and socioeconomic hardship that are reality for many urban Aboriginal people in Ontario. Bill C-12 represents a regressive approach to managing substance abuse issues and crime in Canada. The legislation to deny parole to individuals who struggle with addictions will further criminalize offenders and stands to both increase recidivism and undermine safety in communities. 24 Colleen Anne Dell et al. (2010). The Role of Kijigabandan and Manadjitowin in Understanding Harm Reduction Policies and Programs for Aboriginal Peoples. Native Social Work Journal (7): Colleen Anne Dell and Tara Lyons (2007), Harm Reduction Policies and Programs for Persons of Aboriginal Descent. Ottawa, ON. Canadian Centre on Substance Abuse: Lynne Leonard and Andree Germain, Ontario Harm Reduction Distribution Program Evaluation (Ottawa, ON: Ontario Harm Reduction Distribution Program, 2006):

10 The OFIFC is extremely worried by the continuous churning of tough-on-crime legislation by legislators that is marketed to appease a voting base without providing the facts or research related to community safety issues. Bill C-12 follows in this pattern and reflects a lack of transparency on the part of legislators. Bill C-12 falls short of the expectations of communities for government to truly uphold safety. Until the root causes of crime in communities are confronted and legislated against, and adequate supports are provided to individuals who struggle with addictions, the efforts of legislators to keep communities safe will continue to be called into question. It is recommended that amendments to the CCRA advanced under Bill C-12 be repealed on grounds that: There has been no consultation with Aboriginal organizations or communities regarding an evaluation of current approaches to reducing substance abuse in prisons and recommendations for future directions; Current supports to people who suffer from addictions in prisons ought to be enhanced and transitions supports made available once inmates are eligible for parole and community reintegration. Support networks that include medical professionals, public health specialists, cultural resources, and community-based organizations should be established regionally in an effort to offer healing and public education opportunities. 10

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