Indigenous Corrections Accountability Framework (ICAF) Annual Report 2021 to 2022

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• Executive summary
• 2021 to 2022 Indigenous Corrections accountability framework placemat
• Indigenous offender profile
• The National Indigenous Plan
• Summary of results by indicator

Executive summary 

The Corrections and Conditional Release Act (CCRA) came into force 30 years ago. This Act, passed in 1992 and articulates the purpose and principles of corrections and conditional release of the federal correctional system in Canada. In response to the continued over-representation and over-securitization of Indigenous people, Sections 79 to 84 of the CCRA directs the Correctional Service of Canada (CSC) to work in partnership with Indigenous communities to provide Indigenous offenders with innovative and culturally responsive services. Sections 79 to 84 of the CCRA are an extension of Section 35 of the Constitution Act. They recognize the distinct Indigenous rights and the unique relationship and legal responsibilities the Government of Canada and the Crown have with and towards Indigenous peoples and communities.

Over the last 10 years, the proportion of Indigenous offenders in custody in CSC has increased from 23% to 33% of the offender population. Data from 2021 to 2022 shows that 30% of new admissions to federal custody are Indigenous people. This data suggests that, without a marked correction in warrants of committals and release rates, the over-representation of Indigenous offenders in federal institutions will only increase in the coming years.

While the proportion of Indigenous offenders, in comparison to the overall population of federal offenders, has increased, the total number of Indigenous offenders in CSC custody has been decreasing over the years. However, the number of non-Indigenous offenders has also been decreasing, but at a faster rate than that of Indigenous offenders. Notably, Indigenous offenders tend to stay in custody longer than their non-Indigenous counterparts. Data shows that fIndigenous offenders’s release rates are lower than the admission rates into custody, and therefore contributes to higher proportions of Indigenous offenders in custody.

This over-representation in federal custody is compounded by the fact that Indigenous offenders are over-represented in higher security classifications at admission; they are more likely than non-Indigenous offenders to have their offender security level (OSL) assessed as medium or maximum. Once an OSL is assessed as medium or maximum, the process of cascading down to minimum can be more challenging, particularly for individuals serving shorter sentences. Indigenous offenders tend to serve shorter sentences than non-Indigenous offenders, and consequently have less time to complete programs and access culturally-responsive interventions, which play an essential role in their healing, rehabilitation and reintegration.

In keeping with CSC’s efforts to improve Indigenous offenders assessment results at all stages of the correctional process, CSC signed a MOU with the University of Regina to undertake the development of an Indigenous-informed risk assessment tool. This tool will be incorporated within the case management decision-making framework. The MOU is in place until 2024 and demonstrates CSC’s commitment to revising and strengthening risk assessment tools within the Service, aiming to implement tools that are Indigenous informed and responsive. A large part of this process involves seeking the input of Indigenous voices through a variety of means, led by academics using Indigenous research methodologies. The initiative is designed to inform CSC of ways in which the security assessment tools and processes may be more gender-informed and culturally-relevant to Indigenous cultures. 

The fiscal year 2021 to 2022 was a time of transition and reflection for CSC. As COVID-19 restrictions eased, efforts were redirected to advancing work that was unable to move forward due to the pandemic. Nevertheless, correctional results reflect the significant, and often disproportionate, impacts of the pandemic on Indigenous offenders. Despite a reduction in correctional program delivery due to public health restrictions on in-person gatherings and activities, efforts were made to ensure that all offenders completed their correctional programs in a timely manner through flexible program delivery.

To strengthen Indigenous-specific interventions, CSC continued to prioritize streamlining and increasing access to Indigenous Interventions Centers (IIC) within CSC institutions. Supported by the National Indigenous Plan^{Footnote 1}, IICs provide ongoing evidence that concerted efforts to ensure timely access to culturally responsive programming and interventions lead to positive correctional outcomes. Over the reporting period, Indigenous offenders who participated in the IIC model were more likely to complete Nationally Recognized Correctional Programs (NRCP)^{Footnote 2} and culturally-responsive interventions than Indigenous offenders who did not participate in the IIC model. IIC participants were more likely to be granted discretionary release at the time of first release, have higher rates of engagement with Healing Lodges and Section 84 releases, and were more likely to reach their sentence expiry date without re-admission. Overall, the 2021 to 2022 results demonstrate that Indigenous offenders participating in IICs tend to achieve better results compared to the overall Indigenous population under CSC jurisdiction, indicating that the National Indigenous Plan is contributing to improved outcomes for Indigenous offenders.

Looking ahead, as part of a federal government approach to Indigenous reconciliation, CSC will continue to explore opportunities for meaningful partnerships with Elders/Spiritual Advisors, external partners and organizations, Indigenous communities, and across levels of government. These collaborative efforts aim to address issues that span the continuum of care before, during and after a person encounters the correctional system. CSC will prioritize working closely with Indigenous communities and partners, particularly those who have entered into agreements with CSC, pursuant to section 81 of the CCRA, which allow Indigenous communities to provide care and custody of federally-sentenced Indigenous persons^{Footnote 3}.

Following direction from the Commissioners’ new Mandate Letter^{Footnote 4}, CSC will review its framework and approach to section 81 agreements. Concurrently, CSC will continue to enhance its processes and remove barriers to the transfer of federally-sentenced Indigenous persons to section 81 facilities and Healing Lodges as part of their reintegration process to the community.

Over the last 30 years, CSC has worked to implement sections 79 to 84 of the CCRA. Although Indigenous-specific provisions of the CCRA were created to address the over-representation of Indigenous people in the federal correctional system, the proportion of Indigenous offenders in federal custody continued to climb over the years, prompting the need to make improvements to the adequacy of the federal correctional system to solely address Indigenous over-incarceration.

The over-representation of Indigenous people in the criminal justice system is a serious and complex issue rooted in systemic discrimination and the legacy of colonialism. The realities that bring Indigenous people into federal institutions and challenge their safe and successful reintegration upon release require collaboration with other federal and Indigenous partners. CSC is eager to complement and expand on its internal efforts to address the over-incarceration of Indigenous people through active participation in whole-of-government and collaborative initiatives with partners and stakeholders, such as the Indigenous Justice Strategy (IJS)^{Footnote 5}, to develop bold new approaches to the administration of criminal justice and bolster levers for safe and successful reintegration.

In direct response to Call for Justice 5.3 of the National Inquiry into Missing and Murdered Indigenous Women and Girls, CSC has announced the creation of a new position of Deputy Commissioner for Indigenous Corrections to ensure appropriate attention in addressing the over-representation of Indigenous offenders and accountability for Indigenous corrections. The incoming Deputy Commissioner will work in partnership with Indigenous communities and stakeholders to address the over-incarceration of Indigenous offenders and help to implement the many other recommendations and calls-to-action that fall within their purview.

The Government of Canada is working to advance reconciliation and renew relationships with Indigenous peoples, based on recognition of rights, respect, cooperation and partnership. Addressing differential outcomes for Indigenous people in federal corrections through responsive approaches to meet their unique needs and circumstances is an important foundation for this renewed relationship. CSC understands that effectively developing the IJS requires a broad, collaborative, inclusive, distinctions- and regionally-based engagement process with Indigenous peoples, provinces and territories, and justice stakeholders and practitioners, which models the principles of the UN Declaration on the Rights of Indigenous Peoples, respects existing relationships, and embodies the spirit of nation-to-nation and Inuit-Crown, government-to-government relations.

2021 to 2022 Indigenous corrections accountability framework

The Indigenous Corrections Accountability Framework (ICAF) is an annual report that Correctional Service Canada (CSC) develops to report on progress and areas of opportunities specific to Indigenous corrections. Addressing the overrepresentation of Indigenous people in the federal correctional system by ensuring the correctional process incorporates demonstrably effective and culturally appropriate interventions and reintegration support remains one of CSC’s enduring corporate priorities. 

^{Figure 1: Indigenous people representation in 2021 to 2022}

^{Figure 2: In custody offender population: 10 year trend}

In 2012 to 2013, Indigenous People represented 23% of the overall in-custody population. In the same year, Non-Indigenous inmates represented 77% of the overall in-custody population.

In 2021 to 2022, Indigenous People represented 33% of the overall in-custody population. This results in a 13% increase over 10 years from 3561 offenders to 4009 offenders.

In 2021 to 2022, Indigenous People represented 67% of the overall in-custody population. This results in a 30% decrease over 10 years from 11,757 offenders to 8253 offenders. 

^{Figure 3: Indigenous offenders people population percentage change from 2017 to 2018, to 2021 to 2022}

Corrections and Conditional Release Act (CCRA) - 30 years

2022 marks the 30^th anniversary of the coming into force of the Corrections and Conditional Release Act (CCRA). In response to the continued over-representation and over-securitization of Indigenous people, Sections 79 to 84 of the CCRA direct CSC to work in partnership with Indigenous communities to provide Indigenous offenders with innovative and culturally responsive interventions. 

^{Figure 4: Section 79 - Consideration of systemic and background factors}

Section 80 - Culturally appropriate correctional programs

Of the Indigenous offenderswith an identified need for a nationally recognized program 78% enrolled prior to first release. Of the Indigenous offenders who enrolled prior to new first release, 75% enrolled in culturally-specific programs.

Of the Indigenous offenders with an identified need for a nationally recognized program 61% completed prior to first release. Of the Indigenous offenders who completed prior to first release, 73% completed culturally-specific programs.

^{Figure 5: Section 81 Agreements}

Section 82 - National Indigenous Advisory Committee (NIAC)

This year, the NIAC:

• provided guidance for the improvement of HR practices and recruitment and retention of Indigenous employees
• made recommendations to the Citizen Advisory Committee
• provided guidance on CSC’s implementation of United Nations Declaration of Indigenous Peoples
• provided valuable input on the work plan for the EXCOM Sub-Committee on Indigenous Corrections
• played a vital role in advising and shaping how CSC initiatives are delivered, including the provision of Elder services

Section 83 - Elder services

In order to improve the recruitment and retention of Elders and Elder Helpers, and support the provision of their services, enhancements to Elder and Elder Helper contracts were made in 2021 to 2022. Also, in addition to deliver in-person services, Elders continue to provid esupport via telephone and videoconference, or order to adapt to, and mitigate any impacts caused by the COVID-19 pandemic. 

74% of Indigenous offenders had an initial Elder review at admission.

^{Figure 6: Section 84 Community release plan}

Indigenous offenders profile

^{Figure 7: Indigenous offenders profile}

Details of the image are explained in the following text

Compared to non-Indigenous offenders, Indigenous offenders tend to:

• "Be younger"
  • Of those offenders aged 30 years or younger, 41% are Indigenous and 32% are non-Indigenous
• "Serve shorter sentences"
  • 69% Indigenous and 65% non-Indigenous are serving sentences of 4 years or less.
• "Have lower rates of sexual offences"
  • Of those admitted with a sexual offence: 14% are Indigenous and 18% are non-Indigenous 
• "Have higher education needs"
  • Educational referrals within 120 days of admission indicate that 77% are Indigenous and 63% are non-Indigenous
• "Tend to serve sentences for Murder I/II or a Schedule 1 offence"
  • Of those admitted with a Murder I/II or a Schedule I offence 72% tended to be Indigenous, compared to 63% non-Indigenous
• "Have higher CRI Ratings"
  • Those offenders with an initial Criminal Risk Index (Static Risk Level) Of Medium Or High tend to be Indigenous (96%) while 64% are non-Indigenous
• "Have higher OSL Ratings"
  • Initial Offender Security Level (OSL) Decision Of Medium Or High are assigned to 78% Indigenous offenders compared to 64% non-Indigenous
• "Have Higher Dynamic Need Levels"
  • The Dynamic Need Level of High statistics state that 82% are Indigenous and 61% are non-Indigenous

The National Indigenous Plan

The National Indigenous Plan (NIP) streamlines existing Indigenous resources and services to ensure that those offenders choosing to access the Indigenous Continuum of Care interventions are prioritized for placement at specific sites. 

The ICAF has 15 boxes that report various indicators of the National Indigenous Plan. These indicators are divided by 4 themes: Programs, Transfers, Security, and Release and Supervision. Each theme is organized by its own row.

^{Figure 8: The National Indigenous Plan - Programs}

^{Figure 9: The National Indigenous Plan – Transfers}

^{Figure 10: The National Indigenous Plan - Security}

^{Figure 11: The National Indigenous Plan – Release and supervision}

Summary of results by indicator

Related information

Indigenous corrections: Interventions for Indigenous offenders, healing lodges, the National Indigenous Plan, Sections 81 and 84, Indigenous Intervention Centers.