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Congress '97 The 26th Canadian Congress on Criminal Justice September 20-23, 1997 Ottawa, Ontario, Canada 'Challenging Fear, Creating Hope

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REPORT ON THE 26' h CANADIAN CONGRESS ON CRIMINAL JUSTICE,

Septenzber 20-23, 1997 OTTAWA, ONTARIO ---fe 7e.- T-UNTÉ- - LIBRARY SOLICWOR GENERAL Csume: -

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SPONSORS

Corrections Corporation of Canada Wackenhut Corrections Corporation Corporate Health Consultants Christian Levasseur National Film Board Thom Transport Riviera Security Services Inc. Danka Business Systems Ltd. The Canadian Criminal Justice Association and the Ontario Association of Corrections and Criminology are indebted to the many volunteers and staff who gave selflessly of their time and energy and without whom this Congress could not have occurred. In particular, the members of the Organizing Committee, whose efforts were sustained over a two-year period.

MEMBERS OF THE ORGANIZING COMMITTEE

Don Yeomans (Chair), Drury Allen, Sheila Arthurs, Genny Biais, John Braithwaite, Mary Campbell, Pat Castillo, Hélène Chevalier, Dave Farrell, Michel Gagnier, Colleen Hamilton, Gerry Hooper, Louise Lalonde, Diane Larouche, Robert Paiement, Jean-Marc Plouffe, Sharon Ridout, Am Snyder, Gaston St-Jean, Jean Sutton, Thomas Townsend, John Vandoremalen, Sandra White

VOLUNTEERS AND STAFF

Pierre Allard, Sylvie Boudreau, Huguette Calvez, Jean-Michel Catta, Adrienne Christie, Robert Cormier, Chris D'Amico, David Daubney, Julie Erb, Lynn Farrell, Kimberley Fever, Monique Godin-Beeres, Frank Hartop, Judith Hendin, Christine Lavergne, Barry Leighton, Louise Lelièvre, Heather L,ockwood, Ruth and Frank Miller, Julia Noonan, Susan Nounet, Terry O'Neill, Eugene Oscapella, Christine Ouellet, Gordon Parry, Kim Pate, Charles Ponee, Frank Porporino, Rick Prashaw, Glenn Provick, Rosemary Pritchard, Brendan Reynolds, Lise Saucier, Gabriella Simo, Nancy Stableforth, Michel Thériault, Rose Thomas, Milce Velichka, John Waller, Sheila Watkins, Frank Wyley, Matthew Yeager, Kay Yeomans, Zelda Yule

OTHER FUNCTIONS

The Organizing Committee was pleased that the organizations listed below chose to hold their ovvn meetings in Ottawa in conjunction with Congress '97. Their presence contributed to making this event multidisciplinary and cross-sectoral, added to the variety of perspectives, fostered partnerships, and enriched our discussions:

The Arnerican Correctional Association (Executive Committee) The Correctional Service of Canada The John Howard Society of Canada Lifeline The National Parole Board (Executive Committee) The Salvation Army Correctional and Justice Services The Seventh Step Society of Canada The Prison Arts Foundation of Canada The Best Practices Symposium on Street-level Prostitution The Ontario Board of Parole

RECORDERS

All of the worlcshops were recorded by students from Algonquin College Department of Journalism, Carleton University, Department of Criminology and Criminal Justice, and Carleton University School of Journalism.

The editing of the worlcshops was done by Louisa Coates, Communications Branch of the Correctional Service of Canada. Introduction 1997 CANADIAN CONGRESS ON CRIMINAL JUSTICE CONGRESS '97

REPORT OF THE PRESIDENT OF THE ORGANIZING COMMITTEE

The Congress '97 Committee had two objectives:

• provide delegates with an attractive and superior professional program; and • ensure the financial success of the Congress to provide the supporting organizations with much-needed financial support.

Both objectives were met.

Am Snyder, Drury Allen and their committees designed a superb professional program that addressed the widely varied interests of the delegates. Then Am and Drury recruited outstanding speakers. The resulting quality of the professional program was a major factor in attracting a higher than forecast number of delegates, and resulted in a gratifying level of satisfaction from those who attended the Congress.

Planning social and special events for a Congress is always a challenge. The General Committee wanted to provide pleasing and attractive events while, at the same time, keeping costs under control. Sheila Arthurs and her team were successful at doing both. Some of the events, such as dinner at the Casino, were potentially controversial. Fortunately, the events that might have evoked criticism, did not.

A ground-brealcing innovation at Congress '97 was REACHING OUT TO THE COMMUNITY, conceived and implemented by John Braithwaite and Dave Farrell. The objective was to create events and opportunities where members of the community could attend and participate, not as delegates to Congress '97, but as beneficiaries of the presence of the Congress in the community. The REACHING OUT proposal was initially viewed with some skepticism by the General Committee, but John and Dave soon dispelled any doubts by designing and delivering a highly innovative program that was almost entirely externally sponsored. A REACHING OUT program should be a permanent part of every future Congress as a means of sensitizing the community to criminal justice issues, and enabling the community to benefit from the presence of such a large number of criminal justice professionals.

Another innovation was the way in which Expo-Justice, the exhibit area, was organized. Space was sold to commercial exhibitors for the first 1 1/2 days of the Congress, and then turned over, free of charge, to non-profit organization exhibitors. In this way, commercial exhibitors enjoyed the additional satisfaction of sponsoring non-profit organizations. The space for exhibits was limited at Congress '97, but there is ample evidence fhat a well-planned recruitment of exhibitors, started two years in advance, would result in well-presented displays of interest to delegates, and revenue for the supporting organizations. We are undebted to Thomas Townsend and Michel Gagnier for the success of Expo-Justice. Future Congresses should expand vigorously on the experience that has been gained. This leads to the subject of sponsors. The General Committee had significant success in finding both public and private sector sponsors. There were both general and specific contributions fi-om the public sector. In addition, the National Parole Board and the Correctional Service of Canada held management meetings in conjunction with Congress '97 so that their officials could benefit from the very extensive resources assembled for the Congress. For this the Committee is most grateful.

The private sector generously sponsored major events at the Congress. That private sector support is very much appreciated.

Congress '97 maintained the tradition of hosting pre-Congress technical sessions. Colleen Hamilton did a fine job organizing these, and a capacity registration was a reflection of the quality of her work.

Congress '97 was held at a number of sites, and Jenny Biais organized a very successful system for transporting delegates to and from The Citadel Inn, the Casino de Hull, and the Museum of Civilization.

Registration is always a challenge and Hélène Chevalier marshalled a competent team that met that challenge. Particularly crucial to the success of the Congress were Jean Sutton and Sharon Ridout whose conference organizing skills at the National Parole Board were, during the last few months, devoted to dealing with the myriad of tasks essential to a successful Congress. During the Congress they worked devotedly from early morning to late at night.

Perhaps unnoticed at the Congress were the student rapporteurs recruited, organized and ably guided by Jean Marc Plouffe and Julia Noonan. Their work only becomes evident in the quality of the conference reports beginning on page 30.

Mary Campbell, as Vice-Chair of the General Congress Committee, was a constant source of support, advice and guidance to all.

In addition to the work of these able volunteers, there was always, throughout the two-year preparation for Congress '97, the experienced support, guidance and leadership of the permanent staff of the CCJA, Sandra White and Diane Larouche, and the Executive Director, Gaston St-Jean, who was both gracious and generous in his dealing with this herd of enthusiastic amateurs.

Congress '97 was a success, by any measure, as a result of the volunteer efforts of a host of able people. We hope our experience will be of assistance to our colleagues in Edmonton responsible for Congess '99. We wish them well.

Don Yeomans. 1997 CANADIAN CONGRESS ON CRIMINAL JUSTICE CONGRESS '97

AN OVERVIEW BY THE EXECUTIVE DIRECTOR OF THE CANADL4N CRIMI1VAL JUSTICE ASSOCIATION

648 people registered for the 26' Canadian Congress on Criminal Justice (Congress '97). This turnout was most rewarding for tens of volunteers who worked for two years to make this event a success; it gave meaning to their efforts.

While many people deserve a lot of credit, we wish to seize this opportunity to extend special thanks to Donald Yeomans, Chair of the Organizing Committee, who brought everyone to work together and to rally around a common objective: ensuring the delivery of the best possible professional and social program. Donald, ably assisted by his wife Kay, made Congress '97 a primary concern from the early stages of planning and we are greatly indebted to him for its success.

"Challenging Fear, Creating Hope". Seldom has the theme for a Congress appeared to be so inspiring for a vast majority of speakers and participants. Indeed, most speakers were able to link their comments to the theme and, in doing so, seemed to strike a chord with the audience. Many professionals are confronted with despair in their daily lives; this theme appeared to be refreshing to them and one did experience a sense of hope.

Susan Aglukark, Honorary Chair, opened the Congress with a moving account of her personal experience with the justice system, as a victim, and of her journey toward healing, and the tone was set for three days of deliberations and sharing. Other plenary sessions included a revealing and factual presentation by the Canadian Centre for Justice Statistics; an address by the Solicitor General of Canada who provided some insight into his personal views and commitments in the area of crime prevention and corrections; a very inspired talk by Diana Kilmury who exemplifies through her life experience that hope can spring from challenging fear; a panel presentation on restorative justice, a growing avenue for hope; and a closing address by Madame Justice Claire L'Heureux-Dubé who emphasized the need for truth in the criminal justice system and the importance of the Canadian Charter of Rights and Freedom in promoting it.

More than 45 workshops completed the program and, along with a Film Festival, the Reaching-out-to-the-Community component of the Congress, Expo-Justice, the Women's Forum, and a host of social activities. In the end, one complaint was heard repeatedly: "There's just too much going on; I'd like to be in two places at once; I'm missing out on a lot of good stuff!" Fortunately, these complaints were handled well by the members of the Organizing Committee who experienced little remorse.

Our heartfelt thanks to the Ontario Association of Corrections and Criminology and its Ottawa Branch, without who such a great success would not have been possible.

Gaston St-Jean. TABLE OF CONTENTS

Pages

MAJOR SESSIONS

Opening Remarks - Susan Aglukark, Honorary Chairperson 1 - 8

The Honourable Andy Scott, M.P 8 - 13

The Honourable Claire L'Heureux-Dubé 14 - 20

Reaching Out to the Community • A Report on Outreach Activities 21 - 24

Closing Plenary ■ Restorative Justice: An Avenue for Hope 25 - 29

REPORT ON CONGRESS '97 WORKSHOPS

Sunday, September 21, 1997 30 -44

Monday, September 22, 1997 45 - 67

Tuesday, September 23, 1997 68 - 84

REPORT ON CONGRESS '97 SPECIAL WORKSHOPS AND CLOSING PLENARY

Friday, September 19, 1997 85 - 87

Sunday, September 21, 1997 88 - 90

Monday, September 22, 1997 91 -92

Tuesday, September 23, 1997 93 - 95 Major Sessions OPENING REMARKS

SUSAN AGLUKARK HONORARY CHAIRPERSON

Welcome to Congress '97. A you lc.now, the theme of this year's Congress is "Challenging Fear, Creating Hope". In choosing this theme, the Planning Committee explained that "fear has become one of the determining factors in the development of public policy, legislation, and programs which often are designed to address fear and not the real problems." Through this conference, the Cornmittee hopes "to challenge the use of force and to explore more positive avenues" that could "ultimately lead to genuine justice as perceived by all."

The program describes me as someone who speaks candidly about my own sexual abuse and what it was like talcing a case through the criminal justice system. It says I use my creative talents to overcome fear and create hope for future generations.

While it is true I have made great progress in overcoming my own fear, I must say it is truly a life-long struggle. Fear and anger re-surface if I think, even for the briefest of moments, about the possibility of someone hurting my young son Cameron. This is why I do not identify as a survivor. I see myself as a human being who lives vvith both fear and hope, and who knows in her heart how being a victim has affected my life.

It is my hope that over the next few days, this congress will work towards creating hope, but also that you will consider all sides of the issues under discussion because there is more than one right side.

I believe we need to incorporate into the discussion a greater awareness and realism about the experiences of victims. This does not mean that I am a supporter of the law and order agenda for I truly believe in the ability of individuals to change, to forgive, and to heal. My views on the subject of restorative justice have been shaped by my experiences as an Inuk growing up in the North. As an Inuk, I understand the need to forgive because we live in small communities where everyone lmows one another and many of us are related by blood, marriage and adoption. However, I also know something about the darker side of living in a closed environment. Individuals who break the silence around sexual abuse and wife battering have been ostracized, ridiculed, harassed, blamed for encouraging the offence, and threatened with further violence.

My abuser served one-third of his sentence. He is out now, back in the community, and possibly still abusing. When I left my community and eventually left the North, this was much more than a geographic move. I am not sure you can understand the loss and pain I live with as a result of this choice to leave my family and my community. At the same time, those victims of abuse who remain in their community live with a different kind of pain. Those of us who leave and those who stay both suffer great pain and loss but in different ways. Even those who leave do not always survive. I have never heard of read a definition of restorative justice but I understand it to be about returning responsibility for dealing with crime back to community members and in doing so, locating the crime and response to it within the broader social context in which it took place.

When restorative justice initiatives refer to "community", it seems as if there is a view that there is one big community where people are able and willing to work on these issues together with the offender; that geographic proximity equates with being considered a part of the community; that the smaller the community, the greater the likelihood it will be willing and able to take this responsibility; and that the victim and community share the same views and values, so b having community members involved you are representing the victim.

In considering the use of restorative justice initiatives in communities to deal with crimes of violence against women and children, we must examine these assumptions very closely. Upon closer examination, we will understand that, regardless of its size, the cotnmunity is far from homogenous, that there are complex networks of communities within one; that within one community there are different values, dependencies and divisions that can be associated with religion, race, sex, or economics. And, that these differences lead to exclusions of individuals or families. Upon taldng this closer look, we must then ask, can the community handle this, is it willing to handle it in a way that is accountable to not just the justice officials but also to the individuals involved, including the victim of the crime? 'What are the ramifications for the victims living in the community? How will the initiative address the underlying problems that lead to the violence?

In many ways, when you consider the Inuit camps and more recently, the Inuit communities, there are visible elements of community-based restorative justice. In earlier days before the arrival of the RCMP, camp members had to respond to and deal with any disorder that arose among or between members in the camp. The methods of social control include responses such as ignoring the problem, gossip, embarrassing the person, ridicule, fist fights, wrestling, song duel, and physical ostracism.

The response chosen by camp members seems to have depended mostly upon the relationship of the individual in trouble with the other camp members and not what that person had done. An example often used to explain this is where the best hunter in the camp was creating a problem that required a response. That response would be less severe than the response for a person of less importance who had caused a similar problem. The simple reason for this was that the response would not cause more problems for the group than the initial problem. A camp would never physically ostracise a good hunter because the entire camp would suffer because they would lose their source of food.

Back then, I am told, the camps were more peaceful and stable than communities today. It is ironic that the very factors that are identified as the reasons these methods worked in the camps may be the same reasons restorative justice initiatives will not work today when dealing with violence.

The factors I am referring to are the close-knit nature of the camp, the inter-relatedness of members through blood, adoption, or marriage, and the reliance upon others for one's own survival. Today, with the mobility of people, the introduction of social assistance, and the presence of social

-2- agencies and the church, communities do not share the same type of dependencies that held camps together, although the strong bonds among individuals and families remain.

Like the camps, the inter-relatedness and smallness of the community has continued to impact on the responses to crime when placed in the hands of the community. However, in the modern context, this impact, in some instances has been damaging.

Let me explain by referring to what I would consider to be a modern example of restorative justice in Inuit communities. In 1986, an amendment was made to the NWT Jury Act which allowed unilingual Inuit to be included in the jury list. The result of this change in the law meant that, in many cases, Inuit were deciding the fate of fellow Inuit community members. However, I believe that despite what the judge instructs, many jurors factor into their decision the impact it will have on them personally, their family, and the offender's family.

In sexual assault jury trials, community members, as jurors, are called upon to deal with the accused whether they want to or not. In the course of the trial, they are left to make a decision. They all know that the unconvicted offender remains in the community, whereas, if they find guilt, they lcnow the accused may be sent away to jail. They often choose the lesser of two evils. They choose to keep the offender in his community. Finding the offender not guilty means that they do not have to live with the responsibility of sending that person away and live with the consequences of his removal on his family. The decision may be motivated by some of the same factors taken into account in the traditional camp - for example, economic reliance. Now, however instead of the entire camp being reliant it is the family. Family loyalties and family relations are important because the person on trial may be related in some way to a juror or a member of the juror's extended family. The community is small and people must find ways to live along side the offender. Unlike the traditional camps, however, physical ostracism is not a matter of life or death for the offender.

What I am trying to say here is that the offender is always a member of the community. Whether this membership is a good one or bad - bad in that he continues the same conduct that lead to the offence - is irrelevant insofar as he is there and the community must deal with it. Unfortunately, there is very little in many of the cornmunities to "deal" with the situation in a complete way.

For example, "dealing" with the situation does not mean that everything is returned to a harmonious state. The way in which Inuit jurors deal with many sexual assault trials is to deny what happened and rely on the informal mechanisms within the family to control him. In some instances it means that the victim of the crime stays away from the offender or moves away; if it is a pedophile, you make sure he is never alone with a child. In other words, often the community-based response and actions are neither positive nor sustaining. They are short-term ways of surviving and at the expense of someone, too often the victim. So, either way, if we talk about creating hope and we accept that incarceration is not the answer for many crimes, then what is the alternative?

What is the alternative for Inuit living in our remote northern homeland? If it lies within the community, then that community must be ready, able and responsible. The response must come from within the community, among all those affected and it must be accountable to the victim of the crime. This means providing community members with the necessary support and resources to meet the

-3- needs of victims, and also being able to work with offenders. Equally important, the necessary resources and support to undertake initiatives that invest in the people, and that are both sustaining and directed at the prevention of these crimes must be in place.

Taken beyond Inuit communities and to the audience of this conference, I would ask you to listen to and carefully consider the views of the advocates of battered and abused women and children who are participating. They are an integral part of the wider community that is too often missing from the discussion or silenced.

The restorative justice movement is growing stronger every day. Supporters include churches, social reformers and social justice advocates, prison reform advocates, and a variety of organizations and govenunents. Each have their own reasons for supporting this movement and the initiatives undertaken under the title of "restorative justice." The focus of these initiatives has been to work with offenders to bring them back as contributing members of the community. This is a positive goal, and while I support it fully and see that jail cannot do this; I do not support initiatives that do this at the risk, safety and expense of women and children.

As legitimate and "right" as the restorative justice movement may be, the concerns I am raising are also "right" and legitimate. I do not think there is a wrong side to this issue. I believe there are limitations and also great possibilities within restorative justice. However, we will only realize them when we begin redefining the focus beyond the offender and truly focus on the victim and the underlying factors that lead to crimes of violence against women and children.

Many of the advocates of restorative justice I meet are individuals who work with offenders or are advocates for offenders. I fear that any criticism of these initiatives will be seen as a voice against helping offenders or as a cry for longer periods of incarceration. This is not what I am saying. Rather, I am loolcing to address the underlying causes of violence and want those advocating these initiatives to consider and be accountable to the victims if they apply these initiatives to crimes of violence against women. This means, for example, that governments should be asked to commit finances and their political power to addressing these larger issues - such as prevention of violence - and not use restorative justice as a way to reduce the deficit by avoiding the high cost ofj ail terms.

Initiatives such as circle sentencing and family group conferencing put a lot of pressure on victims of violence and abuse. What is ironic about this is that, while I agree the role of victims in the edsting system is only to assist the state, the restorative justice initiatives being put forth also seem to do the sarne thing, but in a less obvious way.

We are told restorative justice initiatives will not be used for "serious crimes." However, those who make decisions around the use of these initiatives have allowed them to apply to wife assault cases and some sexual assault cases. This results in a message that these crimes are minor in nature. Let me assure you, violence is violence and there is no such thing as a minor wife assault or sexual assault versus a major one in the eyes of the victims.

As well, in these so-called minor cases, people assume that victims have a role equal to the offenders; that victims have the ability and willingness to confront their offenders and tell their stories;

-5- that they have the desire to reconcile with and ultimately forgive the offender; or that victims have the same power and ability to participate in the proceedings.

Many victims of violence, for their own reasons, cannot forgive, are not ready to forgive, or may have chosen a path of healing that takes them far away from the offender and the crime. Yet this does not seem to be considered. As a judge said in one of the first sentencing circles to take place in an Inuit community, it was important to have the victim participate in the circle because her participation was a sign of forgiveness and, therefore, the community must also forgive and accept this man. Her mere presence - because she didn't speak except to answer a question asked by the judge - meant she had forgiven him and that was all that was needed for the community to now forgive. The judge appeared not to consider the possibility that a victim may come to the circle with strength and courage to tell her story and talk of the abuse, and not once mention forgiveness. However, in the case I am referring to, the woman came unwillingly. She was afraid and never once considered saying anything against her husband out of fear of reprisal from him, his family, the community, and the Inuit politicians who supported this alternative process. Despite the court- ordered counselling the couple participated in at the recommendation of the circle, this man continued to brutalize his wife.

A second sentencing circle was held in the same community not long after this one. The second one involved a young man who, along with a friend, set fire to an old school building being used as a community centre. The loss of this building affected the entire community. Sixteen people participated in the circle including members of the offender's family, the mayor, a police officer, the Anglican priest, a teacher, elders and young people. In the written statement, the judge said, "I felt they all wanted to help the accused."

In this case, the judge set out two criteria for holding a sentencing circle: the first is the intention of the accused to rehabilitate and become a good citizen; the second focuses on the community's willingness to become actively involved in the rehabilitation of the offender.

Burning down a community centre is clearly a community matter and a proper focus for a sentencing circle. Robbery, vandalism and other crimes against property, whether the victim is an individual, a family, a business or institution, or the community-at-large, lend themselves to restorative justice initiatives such as sentencing circles, alternatives to incarceration and victim- offender reconciliation. However, I believe we need to think much more deeply about the wisdom of applying alternatives that may work very effectively in crimes against property to situations where the victim has been physically or sexually abused.

My own path of healing has been extremely personal. It is tied to my relationship with god, the support of my family, and the opportunity to find expression through my work as a singer and songwriter. In preparing for this presentation, I had a conversation with a friend about this speech and the topic of restorative justice. She asked me how it would have been to have participated in a sentencing circle to determine the outcome for my abuser? Could I have participated in such an initiative? At what cost? And, if I did think I could have participated, would I have wanted to? She also asked mt to thinlc bout what I would have wanted in place in the way of support?

-5- I couldn't answer those questions, even after all this time. I know it was very hard to testify in front of a judge and I had a lot of support from my family. I expect it would have been even harder to speak up in front of my community. And I think about the women I lcnow who do not have the support of their family, or who have had the community turn on them for exposing a past abuse, particularly if the abuser is powerful or respected. These are not simple questions.

In addition to all of the complexities surrounding restorative justice, I could not help but think about this conference's focus on "fear" and "hope" and the context in which it is located. For those who have everything (in terms of property and power) and fear its loss, I can see why crime is a big fear. After all, they do not have to live with the fear of going hungry or not having a place to live. But what about those who live in poverty, who have no home or live in inadequate housing, who are living from hand to mouth, malnourished, unemployed, perhaps drug or alcohol dependent?

When I think of the concepts of fear and hope in terms of Inuit and, more specifically, the fears Inuit face, crime is only a small part of it. I the past, the land and physical environment were the predominant threat to Inuit survival. Today this fear, while still real, has been overcome by other fears such as poverty, suicide, loss of cultural identity, living with the past abuses of residential school, alcohol and drugs, and an array of other social and health problems. Crime is a side effect, not a threat in itself.

Having said this, restorative justice as a concept within the context of Inuit communities would seem wonderful because it is supposed to look beyond the narrow legal issue and place crime within its broader social context - much like Inuit did in the traditional camps. Does this mean we should look at these larger problems and address them, for example, through providing adequate housing, education opportunities, and support services for those in need, such as counselling for adult survivors of abuse? If we follow this path, then a whole world of exciting possibilities opens up for us. However, if restorative justice initiatives are constrained by a narrow focus on the offender and specific alternatives to incarceration for the crime committed, then the effects on communities and society will be the same as under the existing system. It is only if we extend the focus beyond this that true alternatives can be explored.

In terms of creating hope, again the victims or survivors offamily violence and their advocates must be involved. I can see the root of real alternatives to the existing criminal justice system for Inuit must build upon the hope and strength of the many Inuit women I know. I have seen them speak out at meetings of Pauktuutit, the national Inuit women's association. The women who attend the Pauktuutit annual meetings talk of their life histories and daily experiences - the pain, loss, suffering yet they continue to smile, laugh and cope. They are incredibly wonderful women with immense hope. To me this is a starting point, which means giving these women, along vvith the men, a rightful place and the power to design their own system. Then we might begin to see restorative justice in all kinds of real ways.

On Baffin Island in Nunavut, there was a program run by some Inuit elders and hunters to take young offenders to hunt and live out on the land in an outpost camp. However, I recently heard of an elder who found this outpost camp program confusing. He asked why our young people had to get in trouble with the law to be taken out on the land. If you look at the examples of restorative justice held up as models to be followed, you will notice that they centre on responses to the offender.

-6- I am not saying not to do things for offenders, I am saying that restorative justice initiatives must be broad enough in their focus to include programs and initiatives that are prevention-oriented.

For example, providing lcids with problems (or better yet, all young people), and not just those in trouble with the law, with the opportunity to spend time out on the land with elders, is restorative justice in my view. In Pond Inlet, at the elementary school, teachers organized a trip for some of the students known for having difficulties at home. These problems would not have been considered crimes, but they were severe enough to be affecting the students' involvement with other idds, their learning and development. On this trip, accompanied by some teachers and elders, the kids learned about the land, but mostly they learned about themselves - how important they are, that they have something valuable to contribute, and that they are loved. When the camp was over and they returned to the community, all involved faced the challenge of sustaining the same positive environment they thrived in out on the land. This should be help us as an example of restorative justice. It is about restoring our people - all of our people. Restorative justice must be about investing in people and in communities, and this includes all individuals in danger - not only offenders, but also their victims.

I encourage you to define your challenge and your response as broadly as possible to embrace and promote not only the initiatives that are alternatives to incarceration but also those that focus on prevention. Failing to do this, our success in working with an offender may come at a price that is far too high - when the healing of one has been achieved at the expense of others.

In closing, I would like to thank you for being a part of Congress '97 and I encourage you to work through the next two days with enthusiasm, hope and an open mind. THE HONOURABLE ANDY SCOTT, M.P. SOLICITOR GENERAL OF CANADA

While I know that it's a tradition of the Canadian Criminal Justice Association to have a federal Minister as a guest speaker, I want to stress how pleased I am to be here today. As a newly- appointed Solicitor General, who shares many of your concerns and challenges, this is a great opportunity for me - personally, to meet with front-line workers in the criminal justice sector.

I hope this will be the first of many more occasions where we can get together to exchange ideas.

Congress '97 is something of a watershed for me, because it comes on the eve of the resumption of Parliament. It marks the end of a fascinating, if intensive, introduction to criminal justice issues, but by no means does it bring to a close what I am sure will be an ongoing education. As a result, please bear in mind that my remarks today reflect the impressions of someone still new to the job.

I'd also like to state up front that you will not be hearing any grand promises or special announcements today. Instead, I've tried to put myself in your place and ask myself what questions you might have for a new Solicitor General, and what I may be able to say in keeping with your conference theme of "Challenging Fear, Creating Hope."

• First, I'd like to share some of my initial impressions and give you a feeling for who I am and how I approach criminal justice policy issues;

• Second, I would like to talk about the Government's general orientation towards criminal justice issues, so that you have a sense of what is to come;

• And finally, I would like to talk a bit about alternatives to incarceration and about restorative justice - subjects you will be discussing during Congress '97.

First Impressions

Over the past three months, I've been talcing what amounts to a "crash course" in the criminal justice system. Soon after my appointment, I started reading through literally hundreds of pages of notes and background documents and receiving detailed briefings.

I've also spent some time travelling to meet some of the people who work in the criminal justice system. For example, I spent some time in Kingston earlier this summer talking with police officers, wardens, guards, case management workers, parole board members as well as federal inmates. I was struck by their professionalism, and their first-hand accounts of the system, offered from many different perspectives, were always interesting and often very moving.

I should also add that I have not limited my discussions to those who work in my Ministry or elsewhere in the federal government. Just last month, for example, I had a day-long meeting in Ottawa with 30 community-based experts, representing the police, victims' groups, the voluntary -8- sector and other criminal justice practitioners. Several people here participated in that meeting, which I found to be very useful.

One of the things that you vvill learn about me is that I am a big believer in the importance of public participation in developing public policy. In my own riding, I have made it a practice to hold community forums and to make myself available to discuss local issues with m constituents, and I see absolutely no reason to change the way I do business in my current portfolio. I am committed to promoting a healthy discussion and debate among Canadians about public safety issues, because I believe that's the only way we will build safer communities.

One thing that has clearly emerged from my education over the past three months is the complex inter-relationship between different parts of the criminal justice system and how actions in one area can influence other parts of the whole. I intend to be an agent of change, but I recognize that decisions can often have profound and unexpected consequences. The diversity of interests in the criminal justice system make it imperative that policy decisions be taken only after the widest possible consultation.

It has become clear to me that while we at the federal level can provide leadership and direction, the criminal justice system functions most effectively as a partnership - a partnership in which you play an important role. If there is one thing I am certain of, it is the significant and lasting contribution which the voluntary sector has made to Canada's criminal justice system. Many of the innovations we now take for granted were pioneered by organizations represented here today. And if there is one thing of which you can be certain, it is my support for that continued role.

The bottom line is that everyone in this room shares a common responsibility to make out communities safer.

Future Directions

I would now like to talk about the general orientation of the Government towards criminal justice issues, and give you a sense of what to expect over the next several years.

When this government first took office in 1993, it had to address some very real and legitimate concerns that Canadians had about public safety. Politicians, no matter what party they represented, had been repeatedly told to do more to make Canadian communities more secure. The Government's comprehensive "Safe Homes, Safe Streets" program was designed to address those concerns.

Carrying through on our Red Book promises over the past four years resulted in an intensive focus on criminal law issues to improve public safety. Canadians also told us loud and clear that they wanted the government to get touch on violent, high-risk offenders. And we have made solid gains. Here are just some of the measures we took to improve public safety:

• we strengthened the Dangerous Offender provisions of the Criminal Code, created a new long-term offender designation and passed measures to make it easier to detain until the end of sentence, sex offenders who victimize children;

-9- ■ we devised a National Flagging System to help Crown Attorneys identify high-risk offenders;

• we established a National Volunteer Screening System to help organizations screen out child sexual abusers who apply for work with children;

• we passed tougher laws on stalking and made peace bonds more effective in keeping abusers away from women and children; and

• we passed laws allowing police gathering and use of DNA evidence and I expect very soon to introduce a bill to create a DNA data bank.

I can tell you right now that public safety is my priority - my job. Everything I do as Solicitor General will be governed by that priority.

It is very important to remember that building safer communities requires a multi-dimensional approach to long-term improvement in our criminal justice system. Yes, we have listened to Canadians and implemented tough measures and we will continue to do so when needed.

But it is also very important to remember that the government has always advocated the need for a balanced approach. We have also been dealing with and intend to continue to deal with the underlying factors that lead to criminal behaviour. A balanced approach is the only way that are going to make long-term gains in public safety.

One of the figures which has struck me most forcefully in my readings is that roughly 37 percent of federal inmates and 84 percent of provincial inmates are being imprisoned for non-violent offences. Canada's incarceration rate - at 133 inmates for every 100,000 Canadians - is significantly higher than most other western democracies. One of the reasons it's so high is because we're locking up people who are not violent and who pose little, if any, risk of committing a crime of violence. In fact, prior to sentencing reforms contained in Bill C-41, which came into effect in September 1996, approximately one-third of admissions to provincial jails were for not paying fines.

This situation led to some very interesting and innovative thinking at recent federal-provincial meetings of Ministers Responsible for Justice. In the 1996 federal-provincial report entitled Corrections Population Growth, Ministers endorsed 11 recommendations for reform. These recommendations show a remarkable degree of consensus and convergence of opinion of where we must go with our criminal justice system.

Let me quote one reconunendation:

In determining the most appropriate use of incarceration, a clear distinction should be made between violent and non-violent offenders. It is recommended that all jurisdictions vigorously pursue communic,-based alternatives to imprisonment that will provide the best short-term and long-term contribution to public safety.

As far as I'm concerned, it's just common sense that we should reserve prison for our worst offenders while using other sanctions for those who are not dangerous and who are unlikely to

-1 0 - commit a violent crime. Just as we believe that prison is the right place for some offenders, we believe that it's the wrong place for others.

That doesn't mean being soft on crime or letting criminals go free; but it should mean making these offenders responsible and accountable for their crimes through other means.

That's why the federal and provincial governments are committed to developing alternatives to incarceration for non-violent offenders who can be safely and more effectively managed in the community. Community-based sanctions, and gradual, supervised release from custody used in the right circumstances, can help further public safety over the long term.

Let me say a few words about public attitudes on criminal justice issues. Recently, my colleague Anne McLellan, the Minister of Justice, addressed the Canadian Bar Association in Vancouver. During her remarks, she referred to a recent Angus Reid survey which had highlighted Canadians' fear of crime and the persistent gap between perception and reality.

While I completely share her commitment to better inform the public about criminal justice issues, I was also heartened by some other findings from that survey. In particular, I would note the remarkably strong consensus that exists among Canadians on the need for a balanced and comprehensive approach which, at its most fundamental level, recognizes that no all offenders are the same.

According to that Angus Reid survey, Canadians believe that protection of the public and rehabilitation of offenders are of higher priority than punishment as goals of incarceration. No less than 85 percent of Canadians support - in principle - alternatives to incarceration for certain non- violent crimes. When asked which specific alternatives they could support, 85 percent expressed their support for community service; 84 percent favoured restitution; and 67 percent agreed with the notion of community corrections. In polling terms, these are very high numbers indeed.

The results of the Angus Reid survey speak directly to Canadian values and suggest how we may further reform Canada's criminal justice system. But they also speak to the need to involve them closely in the development of safe and effective solutions.

Over the next four years, we will need to work together to accomplish this. As we have seen, Canadians will accept reforms provided that they are part of a balanced approach, which continues to be driven first and foremost by a concern for public safety. As Solicitor General, I am conunitted to advancing this principle over the next four years.

Over the last ten years we have seen an intense debate over the proper role of government in the social and economic spheres. This examination has often led to the question: What does the state do well and not so well? In the corrections area, the obvious answer is that the state is good at incarcerating offenders. What does the state not do so well? I think it is the social integration of offenders. I lcnow we all can do better here.

That is where alternatives and restorative just come in and hence the rise of new ways of delivering corrections and policing services.

-11 - Many times in the heated debate about what to do with offenders, a simple truth is obscured. Criminals come from our communities and the majority will return there so we must do all we can to help ensure that they become law-abiding citizens and to help ensure that they remain so. To do this, we need to build on our knowledge about what works and what doesn't in correctional programming.

It also means ensuring that basic correctional needs such as literacy and job sIdlls training are being met, as well as the more complex needs of others such as sex offenders. Our efforts both within the walls of penitentiaries and within our communities are equally important in this regard.

Canadians, the survey shows, want their govermnents to deal with the root causes of crime and to emphasize corrununity crime prevention programs while staying tough on violent crime. I am an absolute believer in crime prevention through social development and that is indeed where Canadians are come from. In our Safer Communities agenda found in our Second Red Book, we focus on prevention, on crime prevention at the community level, essentially a process of community building and local involvement over a range of issues. This approach recognizes that one-time solutions will not make communities safer or prevent crime.

I know you share my concern for crime prevention efforts and recognize that prevention should be viewed in its broadest sense and from the earliest stages of a child's life. I believe there is wide consensus that successful crime prevention must take a comprehensive approach to tackling problems that lead to crime in our communities and that these efforts must involve those responsible for housing, social services, public health, recreation, schools and policing.

The Minister ofJustice and I hope to move swiftly on the crime prevention front and to follow through with our election commitment to increase funding to a level of $30 million each year in this area. I am looldng forward to worldng with Anne McLellan to advance the work under way in this area, and help renew and develop new partnerships between communities, the police, the voluntary sector and all levels of government.

Community Responsibility and Restorative Justice

I would now like to turn to one of the topics you will be exploring during your conference: restorative justice. This too has been a subject which I have been learning about, as part of my introduction to criminal justice issues.

Over the past three months, I've learned that there is a growing consensus on the need to bring victims, offenders and communities together in an effort to repair the damage caused by crime.

As I have said, the federal-provincial report Corrections Population Growth, calls for greater use of cormnunity corrections and other alternatives to incarceration. And it also encourages increased use of restorative justice principles.

This is an extremely important point. We need to restore our communities' participation, our communities' responsibility in dealing with crime and corrections problems.

-12- While there are already many practical examples of restorative justice among Canada's First Nations and in some of the programming of your own organizations, I have been surprised at the extent to which restorative justice is being applied within my own Ministry. I am speaking now of work under way by the Royal Canadian Mounted Police, the National Parole Board and the Correctional Service of Canada.

The Okimaw Ohci Aboriginal Healing Lodge for federally-sentenced women in Saskatchewan is an excellent example ofhow restorative problem-solving techniques, based on Aboriginal teachings and healing, can be applied in a correctional setting. We know that Aboriginal peoples continue to be over-represented in our correctional system. Facilities such as the healing lodge and other work being undertaken by the Correctional Service and the Aboriginal Corrections Unit of my Department is aimed at addressing this situation.

Another example was the opening of Pê Sakâstêw, the first facility that has been custom designed for male Aboriginal offenders in the history of the Canadian correctional service. I had the pleasure of opening this facility in Hobbema, Alberta last month, a facility that will offer culturally- and spiritually-based programs to help the total healing process.

Conclusion

In closing, I'd like to thank you once again for the opportunity to speak today. I hope that you enjoy your stay in Ottawa and that you have a productive and stimulating conference. I, for one, will be most interested to hear the results of your discussions, because I will be counting on your expertise in the months ahead. AN ADDRESS/NOTES POUR UNE ALLOCATION

BY THE HONOURABLE CLAIRE L'HEUREUX-DUBÉ A Justice of the Supreme Court of Canada

PAR L'HONORABLE CLAIRE L'HEUREUX-DUBÉ juge à la Cour suprême du Canada

THE CANADIAN CHARTER, FIFTEEN YEARS AFTER LA CHARTE CANADIENNE, QUINZE ANS DÉJÀ

Mes amis, dear friends,

C'est avec le plus grand plaisir que je me joins à vous ce soir. Je tiens à remercier l'Association canadienne de justice pénale et en particulier son directeur général, M. Gaston St-Jean, de m'avoir invité à ce banquet de clôture du 26` congrès canadien de justice pénale.

J'y viens l'esprit d'autant plus tranquille qu'on m'a informée qu'il ne se trouve pas, ou très peu, de juristes parmi nous: la compagnie des gens de loi n'est pas toujours de tout repos. Je le dis d'ailleurs sans méchanceté, sachant que la critique vaut aussi bien pour moi. Alors que je partais tout récemment pour quelques jours de vacances, le juge en Chef me faisait remarquer combien la Cour s'en trouverait reposée...

On dit parfois -- et l'accusation n'est peut-être pas sans fondement -- qu'inviter un juriste à sa table c'est s'obliger à lui céder la parole. Dans mon cas, on a eu la gracieuseté de me fournir un moyen de défense: l'invitation comportait la demande que je vous adresse quelque mots ( et non pas, faut-il le préciser dans les circonstances, que je vous agresse de quelques maux).

C'est donc avec plaisir que, passant ainsi aux choses plus sérieuses, je voudrais partager avec VOUS quelques réflexions liées au thème de ce congrès: défier la peur, créer l'espoir.

"Fear and hope" is perhaps an appropriate way to describe the mixed feelings that accompanied the adoption of the Canadian Charter of Rights and Freedoms in 1982. Whether the adoption of the Charter was perceived as a long overdue step for the protection of the most basic human rights 1, or, as some feared, the beginning ofjudicial entanglement in an overtly philosophical and political quagmire, few were left indifferent. This was perhaps more so in the field of criminal law than in any other area of the law. For better or for worse, all agreed that the legal landscape of the criminal process --from the investigatory stage to the way sentences are pronounced and

1 J.-G. Castel, "The Canadian Charter of Rights and Freedoms\La Charte canadienne des droits et libertés", (1983) 61 Can. Bar Review 1.

-14- served-- would be profoundly altered. As professor André Jodoin then prophesied: "De tous les domaines que touchera sûrement la Charte, nul ne sera plus profondément remué que le droit pénal" 2.

Fifteen years later -- and quite busy years indeed for the judiciary -- it is time to pause and reflect on those fears and hopes that still fuel the debate surrounding the Charter and the criminal process. In particular, I wish to reflect on the complex relationship between the Charter and what constitutes the central role of the judicial system: the search for truth.

La recherche de la vérité est la fonction cardinale du système de justice pénale. "La justice est la vérité en action', suivant la formule de Joseph Joubert. Il fait rarement de doute qu'un crime a été commis et qu'une ou plusieurs personnes en subissent les séquelles. Il appartient cependant au système de justice pénale d'identifier le ou les coupables, afin qu'une peine appropriée soit prononcée, que justice soit faite aux victimes et que la société soit protégée. Qu'il s'agisse de confronter la peur du crime, d'apaiser la souffrance, ou de créer l'espoir, pour les victimes d'actes criminels, leurs proches, de même que pour les accusés, tous ces objectifs supposent au départ une procédure offrant la possibilité de rétablir les faits.

Les procédures et les méthodes punitives plus traditionnelles, il est vrai, connaissent leurs limites. Les discussions que vous avez entreprises lors de ce congrès ont permis d'explorer à cet égard de nouvelles avenues: modes alternatifs de résolution de conflits, conférences familiales, cercles autochtones, processus adaptés pour les jeunes, pour n'en nommer que quelques unes. Ces mécanismes et ces approches nouvelles ne visent-elles pas à permettre de mieux connaître et comprendre ce qui s'est produit, et, pour ce faire, à tenir compte des perspectives particulières -- notamment celle des jeunes, des femmes et des autochtones-- cherchant ainsi à éviter ce que certains craignent: soit que les lourdeurs et la rigidité du processus pénal aient raison de ses objectifs. Quelles que soient les voies envisagées, la recherche de la vérité doit demeurer en tête des préoccupations car, sans elle, la justice pénale ne saurait parvenir à ses fins.

As Richard Whatley once said: "It malces all the difference in the world whether we put truth in the first place or in the second place'. Yet truth, as it relates to the criminal justice system, is not to be sought because of some sanctified notion of its inherent value. We do not prioritize the search for truth for this reason, but rather for its crucial instrumental value. For without the truth, the very purposes of the criminal justice system cannot be realized. As Judge Harold Rothwax of New York recently explained:

When the innocent are convicted or the guilty are set free, the substantive law is defeated. That's why truth must be a primary goal of criminal procedure. Indeed, truth must be the goal of any rational procedural system. Although reasonable people may disagree about the

2 A. Jodouin, "La Charte canadienne des droits et libertés et l'élément moral des infractions", (1983) 61 Can. Bar Review 211.

3 J. Joubert, Pensées, titre XV, Des lois.

4 Quoted by John Morley, opposite the title page in On Compromise (London: MacMillan & Co., Ltd., 1910).

-15- best way to determine the truth of a matter, no reasonable person would advocate a procedural system that makes the truth more difficult' .

When considering alternative modes of conflict resolution, as you have in the past couple of days, or the application of the more traditional court process, the search for truth must remain at the forefront of the discussion. In those cases where the search for truth is unsuccessful, the criminal justice system will have failed in fulfilling its objectives. Where investigation, prosecution and judgment have proceeded, and ultimately been unable to determine a sufficiently complete and accurate history of the events in question, then the criminal justice system cannot achieve closure for those individuals affected by the crime, and for society in general. We cannot be sure that the innocent have been cleared of any unwarranted suspicion. We cannot be sure that the guilty have been apprehended and appropriately punished. We cannot know that, at least for the time being, the victim and society are protected from the particular criminal, nor the latter receives the help necessary for his or her rehabilitation. And we cannot be confident that the message has once again been communicated to the public at large that criminal behaviour will not be tolerated.

Si j'insiste sur l'importance que revêt la recherche de la vérité, ce n'est pourtant pas sans ignorer les difficultés que la tâche comporte. La vérité est non seulement obscure et difficile d'accès, mais encore est-elle nécessairement informée par l'expérience particulière de celui ou celle qui porte son regard, que ce soit sur un événement, une preuve matérielle, ou encore un témoignage. Cela est illustré par vos discussions sur la nécessité d'une justice qui tienne compte de la perspective des autres, une préoccupation qui, comme vous le savez sans doute, anime depuis longtemps ma réflexion sur le processus pénal. Ce souci s'étend d'ailleurs à tous ceux --jeunes, autochtones, femmes, minorités ethniques, handicapés-- dont les perspectives particulières sont susceptibles d'être ignorées par ceux qui exercent le contrôle sur le processus pénal. Il est utile de rappeler ici les paroles de Marguerite Yourcenar: "Il y a plus d'une sagesse, et toutes sont nécessaires au monde; il n'est pas mauvais qu'elles alternent".

Il faut néanmoins être conscient du défi que cela pose pour les tribunaux qui sont tenus par l'exigence de neutralité. Si l'expérience personnelle d'un juge, voire tout ce qui entre dans la constitution de son identité propre, éclaire nécessairement le regard qu'il porte sur le droit ou la crédibilité des témoignages, le juge doit néanmoins être soucieux d'être fidèle à l'obligation de neutralité. Entre la vérité informée par l'expérience particulière et l'expression de préjugés, il se peut que la ligne soit parfois difficile à tracer. Par ailleurs, en ce qui a trait cette fois à l'enquête policière, il arrive que la révélation de la vérité se fasse au prix de l'atteinte à l'un des droits fondamentaux protégés par la Charte canadienne des droits et libertés. Ainsi, la recherche de la vérité se trouve-t- elle parfois en opposition avec quelque dimension essentielle de la justice, obligeant alors les tribunaux à prendre des décisions qui seront nécessairement matière à controverse. Après ces quinze années d'application de la Charte qui ont permis de transformer les méthodes policières, peut-être est-il temps de s'interroger sur l'équilibre entre la protection des droits des accusés et l'impératif de vérité.

5 H.J. Rothwax, Grailly: The Collapse of Criminal Justice (New York: Random House, 1996) at p. 32.

-16- While truth is the central objective of the criminal justice process, justice does not require that truth always prevail at all costs. The Canadian Charter of Rights and Freedoms recognizes that truth-seeking does not justify every kind of investigatory method, however effective they may be. If history and comparative politics have anything to teach in this respect it is that some truth-seelcing methods are more frightening and pose a greater threat to a peaceful environment than the crimes they serve to investigate. Obviously, there is something terribly wrong in a society where fear of the police and of government scrutiny is great and perhaps greater than fear of criminals.

Yet, one must be carefiil with this type of rhetoric. We do not live in the middle ages where people were burnt at the stake; nor do we live under an authoritarian regime. Surely, we must be able to draw a line between torture and finger printing, between reasonable investigatory measures and unacceptable infringements of individual rights and dignity. As well, we must be able to decide in an informed and reasoned mariner in which circumstances a Charter violation will justify the exclusion of evidence, even at the cost of letting a criminal go free. As judges, our role under the Charter is to strike a balance between protecting the individual rights of the accused and preserving society's capacity to protect its most vulnerable members and to expose the truth. As Justice Byron White of the United States Supreme Court observed, "a civilized society must maintain its capacity to discover transgressions of the law and to identify those who flout it" 6. This must be kept in mind when interpreting the requirements of the Charter.

La Charte constitue sans aucun doute l'un des apports les plus heureux à l'édifice juridique canadien. Pour chacun des citoyens et des citoyennes, la Charte constitue l'assurance qu'il ou elle peut organiser sa vie à l'abri des exactions de l'État et que les tribunaux seront là, le cas échéant, pour leur offrir protection. En ce qui a trait au processus criminel, cette protection prend souvent la forme de l'exclusion d'éléments de preuve obtenus en violation d'un droit protégé par la Charte. En appliquant la Charte, une vue d'ensemble est importante. Tout en sauvegardant les droits d'un accusé, il est nécessaire de garder à l'esprit l'intérêt légitime de la société dans la protection de ses membres souvent les plus vulnérables. À cet égard, l'expérience des quinze dernières années montre combien l'équilibre entre la recherche de la vérité et la protection des droits fondamentaux des citoyens n'est pas aisée.

Dès les premières années de la Charte, il a été reconnu que l'interprétation des droits et libertés qui y sont garantis devait être guidée par les valeurs et les préoccupations légitimes d'une société libre et démocratique. Il faut, toutefois, reconnaître qu'il n' existe pas de norme unique, de "standard objectif' d'une société libre et démocratique. Bon nombre de sociétés qu'on n'hésiterait pas à qualifier de telles, connaissent pourtant un système juridique qui diffère parfois profondément du nôtre, et des règles relatives à la procédure criminelle ou encore concernant les pouvoirs de police qui sont également différentes de celles que nous connaissons. L'idéal d'une "société libre et démocratique", s'il doit guider l'interprétation et, en ce sens, avoir une certaine force normative, doit aussi laisser place à la flexibilité nécessaire pour faire face à la grande diversité de situations auxquelles est confrontée la justice pénale..

6 Massiah v. United States (1964), 377 U.S. 201, 207.

-17- The interpretation of the scope and content of Charter rights must take into account the necessity of ensuring an effective judicial system, as well as the importance of the law's capacity to adapt to change. While the rights of the accused are part of the equation, they are not all the equation. Moreover, we must be careful not to crystallize the way in which we conceive and apply Charter rights so that novel avenues for dealing with crime remain open to consideration. The necessity of being aware of how rights operate in different situations, and how our constantly evolving society changes the environment in which rights exist and need protection, means that a static approach is inappropriate. As improvements in forensic technology offer the promise of more effective criminal investigations, the courts must consider not only the potential negative impact on privacy rights, but also the more positive one on individual freedom as well as collective well being. Through DNA analysis, for example, suspects can be conclusively excluded and, consequently, more resources can be devoted to a much shorter list of suspects,' thus facilitating the search for the truth. New types of DNA tests will continue to arise and help in the criminal process. In revievving the constitutionality of such techniques, it would be wrong to assume that a technique is invalid simply because it makes it more difficult for a criminal to evade detection. It also makes it easier to clear an innocent person of suspicion, as recent events have demonstrated. Consistent with the purposes of the Charter, proper questions will and should arise as to the privacy and dignitary implications of these new investigative techniques. But, as ever, the search for the truth should inform the debate over the proper balance to be struck between a suspect's privacy interests, and the need for an effective and accurate criminal justice system. As I noted in Levogiannis:

The examination of whether an accused's rights are infringed encompasses multifaceted considerations, such as the rights of witnesses, in this case children, the rights of the accused and courts' duties to ascertain the truth. The goal of the court process is truth-seelcing and, to that end, the evidence of all those involved in judicial proceedings must be given in a way that is most favourable to eliciting the truth. 8

These considerations apply not only to the determination of Charter violations, but also to the way we remedy these violations. I am thinking here in particular of the difficult question of allowing or excluding inculpatory evidence obtained in violation of the Charter. In this era of "Charter madness"9, perhaps it is time to recall that public respect and confidence in the justice system lies not only in protection against police abuse, but also in the system's capacity to uncover the truth and ensure that, at the end of the day, it is more likely than not that justice will have been done.

Placer la recherche de la vérité au centre des préoccupations du processus judiciaire ne signifie pas, pour reprendre la formule de Voltaire, éclairer les esprits avec la flamme des bûchers. Cela signifie que l'intérêt de la justice requiert parfois de mettre dans la balance non seulement notre

7 E Connors, T. Lundgren, N. Miller, and T. McEwen, "Convicted by Juries, Exonerated by Science". (1996, No. 3), 17 Criminal Lawyers' Association Newsletter 7.

8 R v. Levogicmnis, [1993] 4 S.C.R. 475, 483.

9 Jeffrey Simpson, "We Have Entered the Age of Charter Madness", Globe and Mail, July 92, 1997, p. A-12.

-18- attachement à des valeurs comme le respect de la vie privée, mais aussi le respect de la dignité des victimes et la protection contre la violence. La Charte ne confère pas de droits absolus, pas plus qu'elle ne prescrit l'exclusion systématique d'une preuve irrégulière, quelles que soient les conséquences pour les victimes, la protection de la société et la réputation du système judiciaire dans son ensemble. La décision d'exclure une preuve susceptible d'entraîner la libération d'un criminel dangereux ne doit pas être prise sans des motifs impérieux. Lorsqu'un agresseur ou un meurtrier est innocenté au nom de la régularité du processus pénal, ce sont non seulement ses victimes passées qui sont flouées, mais aussi des victimes futures qui sont sacrifiées. En définitive, il n'est pas toujours certain que la justice en sortira gagnante.

In looldng at the way we interpret the Charter, or at the criminal process more generally as you have done in the last few days, we naturally and quite appropriately concentrate our efforts and attention on identifying the deficiencies of the process in order to seek ways of solving or at least alleviating the difficulties. Yet if we are to be honest and successful in this enterprise, we must also be careful not to lose sight of the exceptional quality of what has been accomplished and deserves protection and praise.

When we pause and consider the road travelled in the last fifteen years, we can be proud of our criminal justice system. It is certainly worth pausing on the fact that our justice system is praised throughout the world for the competence, integrity and independence ofits judges; that the Canadian Charter of Rights and Freedoms serves as a model of modern constitutional documents to which the world turns rather than to the American Bill of Rights; and that our progressive jurisprudence is referred to and followed in countries such as India, Israel, South Africa, Zimbabwe, Australia and New Zealand, to name just a few.

This is not to say that our system is without fault and cannot be improved upon. It means that we are on the right track, but that there is also place for refinement in both the substance and process of defining rights and crafting remedies, in fine tuning the interpretation of the Charter, in drawing the line between fairness to the accused on the one hand, and justice to the victims, as well as protection of society on the other. The courts obviously play a crucial role in this respect. But to meet the challenges that are ever emerging, the courts also find priceless assistance in the information and advice it receives from criminologists, psychologists and other fields of social science, from those who work with the prisoners, as well as from the victims, their families and the people who assist them. The courts need to know about the effectiveness of the remedies they order and about the impact of their decisions on police investigation, on the victims, and on crime prevention. This, also, is part of seeking the truth. Events such as this one play a vital role in stimulating the reflection and providing possible solutions to the challenges facing criminal justice in Canada.

Au terme de ce congrès, votre association s'est penchée sur les problèmes les plus délicats, a débattues les questions les plus controversées, et mis de l'avant des propositions novatrices. Aussi fier que l'on puisse être de notre système de justice pénale, on ne saurait nier les difficultés auxquelles il est confronté, et encore moins se priver de l'apport inestimable d'idées nouvelles. Montesquieu affirmait à ce sujet: "Les hommes qui ont peu d'idées doivent se tromper dans presque tous leurs jugements. [...] La faculté principale de l'âme est de comparer, et ne peut l'exercer dans une pareille

-19- indigence'. Aussi important que soit le rôle des tribunaux pour assurer que notre système de justice pénale soit conforme à l'idéal de justice, les tribunaux ne sauraient porter à eux seuls un tel fardeau, pas plus qu'ils ne sauraient revendiquer pour eux-même le mérite de tous le progès accompli depuis quinze ans. La qualité de notre système de justice pénale dépend de l'effort concerté de tous les intervenants, quelles que soient les divergences d'intérêt qui les séparent par ailleurs, et je tiens à souligner à cet égard la contribution exceptionnelle de la société canadienne de justice pénale.

10 Montesquieu, Essai sur les causes qui peuvent affecter les esprits et les caractères.

-20- REACHING OUT TO THE COMMUNITY

A REPORT ON OUTREACH ACTIVITIES

BACKGROUND

It is often claimed that the general public is too far removed from the criminal justice process. There is also a concern that the biennial congresses of the Canadian Criminal Justice Association do not sufficiently involve the local community where the individual congresses are held. Recognizing these concerns, a special outreach committee was formed as part ofthe planning process for Congress '97. The mandate of the outreach committee was to link local citizens to the Congress and establish a relationship with the CCJA through the Ottawa Branch of the OACC.

Opportunities were created during Congress '97 for citizens to learn more about the Canadian Criminal Justice Association and to become involved with the theme of Congress '97, "Challenging Fear, Creating Hope". Four groups were targeted for special attention in the outreach effort: (1) youth, (2) seniors, (3) the faith community, and (4) the media. In addition, a special Avant Premiere showing of a film focusing on fear, healing and hope was held for Congress delegates and invited guests from the general public.

YOUTH CONFERENCE

On Friday, September 19, an all-day conference for high school students was held at Ottawa City Hall on the theme "Challenging Fear, Creating Hope". Some 220 students, 30 teachers and 20 resource people from the criminal justice system attended the event. In the morning, the conference featured plenary sessions on fear and healing, followed by workshops. The afternoon featured an opportunity for students to report on activities at their schools which gave them hope that fear and violence could be overcome by healing initiatives.

A highlight of the conference was a presentation by two ex-offenders who are serving life sentences in the community. The presentation focussed on the dangers of fear and violence and how young people can deal with these dangers. A former staff member at a federal prison shared her experiences of fear when she was held hostage for ten hours by a prisoner who was trying to escape. A judge and two members of the Ottawa Police Force shared experiences of healing and hope.

In the workshops held following each plenary session, the students were joined by resource people who were active in some part of the criminal justice system. There were members of the National Parole Board, correctional officers, street workers, officials from the Department of Justice and people from a court-based mediation program. The resource people listened to where the young people were coining from and provided input where needed. The CCJA invited the youth conference organizers to select 15 students and 5 teachers from among those at the youth conference to attend Congress '97 as guests of CCJA. The students and teachers were selected on the basis of their interest and leadership in the area of conflict resolution. It is hoped that these 20 participants fi-om area schools can come together to produce a video of their impressions of the Congress and our criminal justice system.

FILM FESTIVAL

A festival of films related to criminal justice took place as part of Congress '97. It was originally intended to have the films shown to both delegates and the general public in several small theatres in downtown Ottawa, but because of cost and logistical difficulties the festival was held in a meeting room at the conference hotel and was limited to delegates.

A total of 18 films were shown over the three days of Congress '97 and the showings were viewed by some 120 people. The films were of recent vintage from Canada and the United States and were shown on a video monitor. The films were selected for their relevance to the theme of Congress '97 and a brochure describing each film and when it would be shown was given to delegates upon registration.

Based on a survey of evaluation forrns filled in by delegates who attended the film festival, there was unanimous approval of the idea for a festival, the selection of films being shown, and a call for a similar event at future congresses. It would make for a dynamic outreach event if the film festival could be open to the general public.

RESTORATTVE JUSTICE RALLY

On Sunday afternoon, September 21st, an interfaith rally on restorative justice was held in the theatre of the Canadian Museum of Civilization. The theme of the rally was "Challenging Fear, Creating Hope". The purpose of this event was to invite the faith community of the National Capital area to come together in a spirit of unity to celebrate the outstanding work done by the faith community in the area of bringing healing to those caught up in the criminal justice system.

The rally was attended by over 250 people from all faiths and denominations. It was hosted by Reverend Pierre Allard, Director General of Chaplaincy for the Correctional Service of Canada. The program featured talks by a Native elder, a Muslim mediation worker and a Christian mother whose daughter was abducted and murdered. The rally was bilingual with a French-spealcing ex- offender providing music in French and a gospel singing group providing music in English. Special prayers were offered by a French-speaking woman from Haiti, a group of three Sikhs in their language and a Jewish Rabbi in English.

The rally concluded with a reading of An excerpt from "A Call to Justice" statement by the Interfaith Committee of the Correctional Service of Canada (see text in this issue of the Bulletin). The statement focused on the need to move towards restorative justice and away from retribution as a goal in the criminal justice system. The rally provided good information and inspiration to all those

-22- who attended. It was a precedent-setting gathering and it will go a long way towards encouraging the faith community to play an even greater role in bringing healing to those who need it.

AVANT PREMIERE OF "THE NITINAHT CHRONICLES"

The first public showing ofthis gripping film to a large audience was held in the theatre of the Canadian Museum of Civilization on Sunday night, September 21st. The film was developed and produced by the National Film Board of Canada and featured the story of a Native community on the West coast of Vancouver Island which had to deal with a number of crises involving sexual assaults. The film was chosen to be shown as part of Congress '97 because the story told in the film over a period of seven years was a perfect fit to the theme "Challenging Fear, Creating Hope". It depicts a true story of courage by several members of a community in confronting fear, violence and anger with a type of healing and hope rarely seen in any society.

The film was striking in its honesty and it can be used as an educational tool for showing people how fear can be overcome. The central character is a thirteen year old girl who is sexually assaulted by her grandfather. The film follows the shock and grief of the community and the National Film Board's camera is used as an instrument of healing by allowing the various parties to communicate with each other through the lens of the camera. At the end of the film, the young girl, now 19 years old, speaks of her journey from fear, anger and shock to forgiveness and hope.

The film, which is two hours and twenty-three minutes long, is very moving and powerful. It had a large impact on the three hundred people who saw it at Congress '97. Following the showing of the film, a reception was held where the young woman who was sexually assaulted and other members of the community were present to discuss the film. The film is expected to be released to the general public early in 1998. It has great potential impact for Canada and the world.

SENIORS' MGHT ON CRIME PREVENTION

On Monday night, September 22nd, a special program on crime prevention for seniors was held at The Citadel Inn, the host hotel for Congress '97. The purpose of the program was to provide senior citizens in the National Capital area with information about crimes against seniors and what steps seniors can take to avoid being a victim of a crime. Approximately eighty senior citizens attended the event which lasted two hours and was followed by a reception.

The program featured a panel made up of five speakers. The first speaker was an expert on crimes against seniors from the Ontario Provincial Police Force. He provided statistics, trends and suggestions on how to prevent crime, particularly telemarketing fraud. The second speaker was an expert on crime against seniors from the Ottawa-Carleton Police Force. He spoke of crime in the National Capital area and gave out a twenty-page booklet on safety and security for seniors.

The third and fourth speakers were ex-offenders serving life sentences on parole in the conununity. They described how criminals targeted older people who had financial wealth. They warned seniors not to go out alone at night, not to carry large amounts of cash on the street or at

-23- home, and to stay in close touch with the police if they had questions or fears. The final speaker was a senior who had recently been a victim of an assault while his car was parked on a bridge. He described his fear and anger which included a fight with the offender. A good result came to the assault incident when both parties went to court mediation and the matter was resolved when the offender apologized and paid all out-of-pocket expenses for the victim, including ripped clothing, broken glasses and damage to the victim's car.

After the five presentations people in the audience were given a chance to ask questions of the panelists. Some lively exchanges took place with the police officers encouraging seniors to read the written material on crime prevention. Songs by a police officer, a sing-a-long, and light refreshments gave a festive air to the conclusion of the program. Lively conversations took place as seniors interacted socially with panel members. The participants had a pleasurable and enlightening experience that left them in a positive mood.

INVOLVING THE MEDIA

A serious attempt was made to involve the media in Congress '97 and the outreach events associated with it. Information on particular aspects of the Congress theme was sent to the media far in advance and key people were made available for interviews. A detailed press release was sent out the week prior to the Congress with information on each outreach event. The events were covered by the media and the City of Ottawa proclaimed the week of the Congress to be "Safer Communities Week". The school boards in the Ottawa area launched their anti-violence in school programs to coincide with the start of Congress '97.

The youth conference was covered by the Ottawa Citizen in a feature story the day after the conference on the two ex-offenders who spoke about fear. Television station CJOH conducted interviews and filmed highlights which were shown on the late night news.

The restorative justice rally merited a front page story and photograph in the Ottawa Citizen. The rally was filmed and taped by the C-PAC television station and shown three times in the days immediately following the rally. Many local newspapers and religious periodicals ran notices about the rally prior to the event.

The seniors' night merited a full page story in Today's Seniors Newspaper which came out three weeks before the event. The event itself was filmed and taped by Rogers Cablevision for showing on its local cable station. Television station CJOH conducted interviews which were aired that night on the late news.

Ail outreach events were recorded in writing by students for the purpose of making a record of the sessions. This material will be gathered and kept for future use.

-24- CLOSING PLENARY

RESTORATIVE JUSTICE: AN AVENUE FOR HOPE

Chair: Lucie McClung

Speakers: Dan Van Ness Ruth Morris Lorraine Berzins

BACKGROUND

In March of this year, the Canadian Criminal Justice Association, along with the International Centre for Criminal Law Reform and Criminal Justice Policy, co-hosted "Satisfying Justice: A Symposium on Implementing Restorative Models". More than 200 hundred people attended this by- invitation-only event which was billed as the launch of a national strategy on restorative justice. Part of the strategy involved, among other things, follow-up events to be held in several jurisdictions (several have taken place, others are yet to come) and a plenary session at Congress '97 which would build on the momentum gained to date.

That session was held as the closing plenary and was chaired by Lucie McClung, Senior Deputy Commissioner, Correctional Service of Canada.

There were 3 major presentations by Dan Van Ness (Principles- Foundations - Underpinnings Critical to Criminal Justice), Ruth Morris (Transformative Justice - Another Viewpoint), and Lorraine Berzins (Learning from Promising Projects and Best Practices).

At the conclusion of each presentation during this session, participants were asked to discuss in table groups several questions posed by the speaker. The speakers had been asked to formulate questions related to the obstacles they experienced in their work, questions to which they had not personally found an answer. Participants were challenged to come up with ideas for solutions and a commitment was made that their thoughts would be summarized in the next issue of the Bulletin. The following is a summary of the thoughts submitted by 19 table groups.

Dan Van Ness: "Principles - Foundations - Underpinnings Critical to Restorative Justice

Question 1: a) To what extent do existing justice related progrants and services respect these underpinnings?

By and large, the groups felt that the current system does not respect the values that Mr. Van Néss identified as the underpinnings of a restorative justice approach or did so only to a minor extent. Current programs and services are based on notions of retribution and punishment which are taken over by the State on behalf of a victim who remains unsatisfied. Several pointed out that the underpinnings of each system are completely different. Others identified programs or initiatives

-25- within the current system which attempt to implement restorative values (such as alternative measures, justice conunittees, sentencing circles, mediation, victim impact statements and diversion) but felt that the larger criminal justice system does not really understand nor respect the restorative approach. One group suggested that such programs and services require changes in the law to enable them to work "restoratively". In the adversarial justice system, the emphasis is on "order" and there is no opportunity for healing since the primary parties have little or no direct role.

b) Which of these underpinnings is the most difficult to achieve and why?

There was a wide array of responses to this question.

With respect to encounter, the current system does not encourage it because it does not provide for real participation by the key players. Victim input does not constitute an opportunity for dialogue or encounter. There were concerns about whether victims would be "forced" by public pressure to participate in a process which they may see as too painful. Encounters will be difficult to arrange if the victim does not want to participate. One group pointed out that while it is important that encounters be voluntary, the danger is that the process could become "victim driven". The role of goverrunent as victim advocate needs to be rethought if victims are to have more of a voice.

Reparation is often thought of in a much too limited way rather than corresponding to the real and varied needs of victims. Communie, is difficult to define. A diverse and multi-cultural population does not allow standardization.

Other impediments included current social values, the view of the current system which defines crime as law-breaking, shortage of funding, the volume of cases, the difficulty of applying the principles to serious cases involving physical harrn, and the need to restructure the court processing system. Can we just alter the current system at the program level when the differences are so fundamental? Do the courts really want to hear creative alternatives? c) What would help make it less difficult?

Table groups identified victim involvement, building on current opportunities within the system and public education as the major strategies.

They suggested that the direct participation of victims needs to be built-in so that it is not up to the victim to initiate involvement. By listening to the stories of those who have been victimized, the system will get a better sense of the true impact of the crime regardless of how it is categorized in the Criminal Code. One group felt that direct involvement by both victims and offenders would result in their discovery of things in common as well as the differences.

To build on and expand on current programs within the system which reflect restorative values, such as victim impact statements, conditional sentencing and victim involvement in parole hearings, was a second strategy. Through restorative approaches, many offenders could remain in the community. To begin implementing restorative practices with young offenders was seen as especially important.

-26- Public education was regarded as one means of shifting the system to a different foundation. Through initiatives by the police (i.e. pamphlet on the value of encounter) and education programs in schools and communities, more people could learn about victim/offender mediation and alternative sentencing prograrns, and the value base beneath them. Public awareness and support is required for changes to the law which both creates and responds to community ownership.

(0 What other traditions and schools of thought can inform and assist in making it less difficult?

The groups felt that the effective implementation of restorative justice implies a balanced approach which requires the involvement of the victim, the offender and the community. An emphasis on community education and responsibility is important. Public awareness and support can be developed by involving schools, churches, aboriginal elders, and by using creative mediums through the arts, song, and dance. Disciplines such as sociology, psychology and history could also play a role in promoting discussion about how best to address criminal behaviour.

Ruth Morris "Transformative Justice -- Another Viewpoint"

Question 1: a) Retributive justice punishes culprits and restorative justice tries to restore victims to wholeness. What in your vieev can transformative justice contribute?

Table groups generally saw transformative justice as broadening the perspective and approach by focussing on more fundamental and long-lasting change. Transformative justice encourages us to move beyond incidence based responses to look at underlying causes and broader consequences. It expands responsibility beyond the individual to look at wider social issues including the root causes of crime and at crime prevention. It provides a global perspective, asking how can we make a better world, so that criminal justice doesn't take place in a vacuum. The goal for society is social peace.

Several groups wondered whether transformative justice was not too fuzzy, or too large for the individual to comprehend and deal with. It was suggested that by implementing the restorative approach larger structural problems will be automatically revealed.

What other issues and perspectives need to be considered as we strive for true justice reforms?

From a Correctional Service of Canada point of view, the focus of transformative justice was seen as too wide said one group. While it helps us think about the broader context, we cannot deal with all social ills or with global issues. Are the goals of transformative justice even attainable in a capitalist society?

Others suggested that building on Aboriginal models is an important guide.

-27- The role ofjudges needs to be addressed. Judges rely on the community climate for a sense of tolerance, appropriateness, etc. but how do they know what the community thinks. Neither the defence lawyers nor Crown attorneys represent the community.

Ouestion 2: How might Transformative Justice transform our work so that we could be more creative and less wounded by it?

Stress in the workplace is caused by conflicting expectations and by loss of meaning. By insisting on involving all parties in the process of justice, transformative justice can reduce levels of dissatisfaction and conflict, help people to feel they are working on the "real" issues, and open the door to creativity and meaning. Workers are so overwhelmed in the current system that they do not feel that they are making a difference. Transfonnative justice can help to place that work in a larger context that identifies and attempts to address long term causes. It would also encourage the building of support systems, and promote a more integrated, interdisciplinary system in order to better respond to complex problems and causes. These changes would increase job satisfaction.

Some felt that by encouraging greater involvement of the community in non-traditional ways, greater tolerance of the offender and better acceptance of the work that justice workers do would be fostered. Greater involvement by everyone is empowering. Transformative justice may lead to less use of prison in the long term thereby reducing stress and violence.

One group felt that the transformative justice approach was not helpful because of the need by frontline workers to start small with the individual rather than global issues. Another reminded us that whatever the model, we are still dealing with human beings so that the model will only be as good as the people working on it.

Lorraine Berzins "Learning from Promising Projects and Best Practices"

Question 1: How can we help the vicfinz be safer, feel safer and begin a journey towards healing and recovery inasmuch as is possible?

Supporting victims requires a concerted effort by all justice partners. It cannot be based on patronizing victims but on respecting them and the contribution and strength they can bring. This means: meeting the victim's need for information about the justice process in a caring way (perhaps through a victims' advocate in the system); providing long term support (perhaps through community volunteers); offering opportunities for participation in a variety of resolution options (such as family group conferencing, healing circles etc.); ensuring that victims have a say in the process; encouraging victim/offender encounters or surrogate victim programs; and allowing victims to identify their own needs and then have support in addressing them. There is a need to foster communication and to listen, to assist the victim in depersonalizing the crime (he/she was randomly selected as a target), and avoid victimizing the victim a second time.

One group suggested that we also need to ask how we can address the offender's own victimization while holding him/her accountable for the harm they have done.

-28- Question 2: How can we assist the offender to acknowledge responsibility for his/her behaviour and to truly understand the impact on the victim?

Direct participation in the justice process and interaction with the victim characterize the most frequent responses to this question. Strategies included: face-to-face meetings with victims; sentencing circles; the encouragement of restitution and apologies; victims speaking to groups of offenders and to the community to increase awareness; and censuring behaviour rather than persons.

Offenders need to be supported, to have opportunities to tell their stories, to have access to psychological counselling and other healing resources, to become aware of the nature of the harm and hurt done to the victim, and to have meaningful opportunities to give something back to the community. The positive opportunities for more meaningful resolution through restorative approaches must become known.

Question 3: a) How can the community be involved in holding offenders accountable without scapegoating them?

The majority of responses to this question focussed on the education and participation of the community in the justice process. The community must become aware of what the offender has done to acknowledge and repair the harm but it must also be involved in creating opportunities for reparation. By providing community service activities, the offender is seen to still be part of the community, and the community "ownership" of the offender is reinforced. This provides an opportunity to censure the behaviour while still valuing the individual. Involving community members in justice committees, in developing alternate sentence planning or restitution contracts, and in the development and co-ordination of other support services (education, public and mental health) helps to move the justice process away from experts and into the hands of the community. Other cultures such as the Aboriginal tradition can teach us much about a community approach.

Some table groups raised questions about what is meant by the term "community". Community is often formed or identified only when people come together over a common problem. What is our definition of conununity and how do we know what the "community" wants? We are presurning that a community-based approach is desirable but many people don't want to be involved unless "it happens to them". How do we get the community involved if they don't want to be there? b) How might the roles and responsibilities of Crinzinal Justice System workers need to change if we are to pursue restorative goals?

The restorative approach will require more creativity on the part of correctional workers and a willingness to involve community groups in the reintegration process. This may mean a change in the job descriptions of frontline workers so that they have time to engage in community development through education and training in order to get the conununity involved and to share responsibility. One community role could be the organizing and implementation of oversight for mediation processes and sentencing alternatives. One table group pointed out that while the role may change, the system's responsibility for the "protection of society" will always remain.

-29- ■

Report on Congress '97 Workshops Note: All of the workshops were recorded by students from Algonquin College Department of Journalism, Carleton University, Department of Criminology and Criminal Justice, and Carleton University School of Journalism.

The editing was done by Louisa Coates, Communications Branch of the Correctional Service of Canada.

SUNDAY SEPTEMBER 21, 1997

Si - DANGEROUS OFFENDERS

Reviewed by: Michelle Berthiaume Carleton University, Department of Criminology & Criminal Justice

Richard Isaac, Barrister and Solicitor with the Criminal Justice Branch of the Ministry of the Attorney General in British Columbia, described the dangerous offender provisions and the process involved in classifying someone as a dangerous offender. He said the procedure may begin only upon the offender's conviction for a serious personal injury offence, as defined in Section 752 of the Criminal Code of Canada. The Attorney General of the Province must consent to an application to have the individual declared a dangerous offender.

Mr. Isaac, who is responsible for reviewing dangerous offender applications in British Columbia, explained that in deciding whether the case should go to regular sentencing or that dangerous offender provisions should be applied, several things are taken into account. Past behavior is one factor heavily considered. The prosecutor will look not only at previous convictions, but at alleged criminal behavior, even if it did not result in a criminal conviction. He added that the offender's age and the diagnosis of any psychiatric conditions, such as antisocial personality disorder, or psychopathy, are also relevant in deciding whether to approve the application.

According to Mr. Isaac, the last 20 dangerous offender cases in British Columbia included 12 sex offenders, four pedophiles and four violent offences. This seems consistent with both Robert Cormier, Director of Corrections Research and Development and James L. Bonta, Chief of Corrections Research and Development, both of the Solicitor General of Canada, who believe that the dangerous offender provisions are applied primarily to sex offenders. Dr. Bonta pointed out that although part of the reason for developing the dangerous offender provisions was to broaden the habitual offender legislation to include violent, non-sexual offences, in practice, sex offenders continue to make up the majority of those declared to be dangerous offenders.

Dr. Bonta summarized a study he conducted in which dangerous offenders were compared to another known high-risk group, incarcerated offenders detained until the end of their sentence. The main distinguishing feature between the two groups was that the majority of the dangerous offenders (92 per cent) were sex offenders, suggesting that, for the most part, the dangerous offender legislation targets the same group of offenders as the previous legislation.

-30- In discussing the treatment needs of dangerous offenders, Ralph Serin, Acting Director of Programs Research for the Research Branch, Correctional Service of Canada, pointed out that this is a very heterogeneous group of individuals, and, as a result, one standard program will not be suitable for every offender. He suggested making treatment programs specific to the type of offender one is working with in order to best address his or her individual needs.

Dr. Serin maintained that diagnoses were of little value with dangerous offenders, as almost all dangerous offenders have antisocial personality disorder, substance abuse problems and a variety of other conditions. He felt it would be worthwhile to focus on developing a reliable method of measuring differences between offenders who are having some success in treatment programs and those who are not.

Dr. Serin also commented on the need for follow-up data and control groups to research the effectiveness of existing treatment programs. Other recommendations included evaluating the offender's potential responsiveness to treatment before administering a treatment program, improving treatment engagement in order to reduce the high attrition rate, and using statistical risk scales in addition to clinical work.

S-2 YOUNG OFFENDERS IN THE CREVIINAL JUSTICE SYSTEM

Reviewed by: Tannis Waugh Carleton University, Department of Criminology & Criminal Justice

"Young Offenders in the Criminal Justice System" discussed various theoretical points ofview concerning young offenders. Since the implementation of the Young Offender's Act (YOA) there has been much controversy as to how young offenders are treated.

This controversial workshop provoked much discussion as to the best policy in dealing with young offenders, moderated by Kathryn Gregory, Coordinator of Criminal Justice Education for the John Howard Society of Calgary, Alberta.

Rita Dagenais, Legal Counsel for the Family, Children and Youth Section of the Department of Justice, gave an overview of the current policies that the federal government has implemented concerting young offenders. The Department of Justice has made a clear distinction between minor and major offences with young offenders, a serious offence being "offences that result in serious bodily harm to another person". She believes this is an important distinction because many youths will commit offences but only a few will continue to re-offend. The Department of Justice strongly encourages police discretion and the use of informal warnings by police so as not to bring young people into the criminal justice system unless it is necessary.

Ms. Dagenais noted that there is opposition to the policies of the current Liberal government because there is a push for tougher sentences and tougher laws for young offenders from organizations such as right wing political groups and victims' rights groups. The Report of the Federal-Provincial-Territorial Task Force on Youth Justice suggested it was not necessary to lower the age of accountability in the YOA. Currently, the YOA covers children from age 12 to 17. The

-31- govermnent does not want to lower this age because there are already agencies that are responsible for children who commit offences under the age of 12. Lowering the age of accountability would not affect the youth crime rate but simply bring more children into the criminal justice system when they may be better served in agencies like the Children's Aid Society.

The next speaker, Professor Owen Carrigan of St. Mary's University in Halifax, said he feels the reason there is a crime problem among youths is because they don't have a value system. Dr. Carrigan presented the findings of his essay, "Values Education as a Prevention Program for Youth Crime and Anti-Social Behavior". He suggested that because of the lack of moral education in the school system, youths today are brought up without values from their school, their parents or the church. As a result of this, crime among young people has risen. He used the example that in the past, the biggest problems teachers faced in the schools were running in the halls and chewing gum. Today, the biggest problems are teenage pregnancy and drug abuse.

Dr. Tulio Caputo, a Professor in the Criminology Department at Carleton University, strongly disagreed with Dr. Corrigan, his first comment being that "most young people are good Icids and they do have values, just different values than young people in the past".

Dr. Caputo spoke mainly about analyzing the perceptions of crime. His research showed that society thinks that crime is much worse than it actually is: when surveyed, 54 per cent thought that youth crime was on the rise when in fact, the rate of youth crime had gone down. He advocated a positive relationship between police and first offence agencies in order to reduce the number of youths who commit more than one offence. The agencies set up to deal with first offenders should be able to deter youths from committing further offences.

Police officers were asked by Dr. Caputo about the treatment of youth cases, and respondents said they were concerned with the treatment of young offenders, and suggested the development of responses on a case-by-case basis for re-offenders.

Dr. Caputo was adamant that the police should work together with the community in order to find solutions that will work. He noted, "Community resources should compliment the efforts of the police."

A member of the audience, Paul Rosser, Chairman of Rosser International Inc. in Atlanta, Georgia, pointed out that "young offenders are all of our problem" and rejected the notion that young offenders commit crimes because of lack of values.

S-3 PRIVATIZATION: WHAT'S DRIVING IT?

Reviewed by: Paulette Pommells . Carleton University, Department of Criminology & Criminal Justice

The debate on privatizing prisons and police represents ideological conflicts. On one side, there are those who support the privatization of prisons and police because it is efficient. On the other side, there are those who criticize privatization because of profit motives.

-32- Dr. Barry Leighton, a Senior Criminologist in the Strategic Planning and Projects Branch, Corporate Management Directorate of the ROvil), supports the privatization of police. He claims that public and private policing entail different roles in the community and makes the two forces complimentary and necessary.

He said the public police deal with almost everything from violent crimes to patrolling the streets. As society becomes more complicated, so does the public police's responsibilities. Because of the work overload, private police can take on the responsibilities that the public police have overlooked, such as surveying property and technological crimes. Dr. Leighton believes private policing is cheaper than public policing. The only problem arising from these two layers of policing is that the public pays twice for services.

While money is the driving force behind privatization, Bill Stelmaschuk, President of his own consulting firm, believes private prisons are more effective than public ones. Mr. Stelmaschuk worked in government corrections for 14 years before becoming involved in privatization, and believes that because profit and competition are the underlying factors, the company is compelled to maintain an organized and successful prison. Many argue that private prisons hire incompetent staff and eventually cut back on salaries and benefits, but he said most staff are previous correctional workers from the government and receive the same benefits and salaries, if not more. He cited examples of successful private prisons in the U.S., Australia and Britain that have saved the taxpayer money, eliminated unnecessary bureaucracy, and worked well with local communities and unions. 'The only thing stopping the Canadian government from building more private prisons is the reluctance to let go of philosophical and ideological notions of publicly-owned prisons'.

Len Hupet, Vice President of the Ontario Public Service Employees Union, believes the opposite. Instead of resolving the problems of present prisons, private prisons will merely add to their number, at the taxpayer's expense. Mr. Hupet believed privatization lays off thousands of correctional workers, as was the case with the recent closure of 18 community jails and the construction of three 'mega-jails', one being privately owned. Moreover, he feels there is still no evidence that private prisons are cheaper. Further, private prisons in the U.S. have had problems with unqualified staff and an inability to deal with inmate conflicts. He used the example of the private boot camp built in Ontario where the government called in professional correctional workers to resolve problems. Will this be a recurring scenario, the qualified cleaning up after the unqualified? And vvill taxpayers be happy about paying for double services?

The last speaker was Marie Bean, National Union of Public and General Employees. She contended that profiting in the human market is wrong and that privatization has no interest in rehabilitation and recidivism. If there is no concern for the inmate and reintegration, we are defeating the purpose of having a prison. She argued that converting to an entirely different institution wouldn't solve current problems in institutions but exacerbate them. The public should have a voice in the operation of corrections because the problems are societal.

-33- S-4 DRUGS AND THE DEVELOPMENT OF FEAR

Reviewed by: Tina Hill Carleton University, Department of Criminology & Criminal Justice

"Drugs and the Development of Fear" was moderated by Crown Attorney Corrine Deegan of the Manitoba Criminal Prosecutions Branch. The two speakers — Mr. Paul Saint-Denis, Senior Council for the Department of Justice, and Mr. Eugene Oscapella, a highly respected lavvyer — discussed issues ranging from the introduction of new drug legislation to why there is a fear of drugs within Canadian society.

The workshop began with Mr. Saint-Denis presenting information on the new drug legislation (Bill C-61) that came into effect May 1997, replacing The Narcotics Act and The Food andDrugAct. This new legislation encompasses all drug-related offences and is more lenient in some areas. He explained the effects this increased leniency may have on Canadian society, specifically in regards to lighter sanctions for Marijuana possession and use. It is his beliefthat, "making drugs more accessible could result in negative effects for Canadians."

The workshop continued with Mr. Oscapella, who believes that the fear associated with drug use is unfounded and is based on myth and self-interest.

Mr. Oscapella reviewed the factors that have created the fear of drugs. He produced a long list, including believing drugs make people insane, and that they cause violence, corruption and death — when in fact he believes it is our policies and not the drugs themselves that cause these. Mr. Oscapella argued that one of the main reasons drugs are prohibited is because politicians succumbed to political pressure and racism and outlawed drugs that were associated with ethnic minorities. He said we should not fear drugs, but the prohibition of drugs. It is his belief that, "drug prohibition is causing most of the harms that we associate with drugs."

Who stands to benefit from the 'fear of drugs' climate? Moral entrepreneurs, tobacco, alcohol and pharmaceutical markets, criminal justice system employees, the media — it creates great news stories, he said — politicians who gain political advantage, the 'treatment' industry and, of course, organized crime.

Mr. Oscapella concluded that misleading information about the effects of drugs and attributing damage to the drugs themselves rather than to the myriad forms of prohibition and their effects, is creating great hann in society.

The workshop concluded with an open discussion period, giving those in attendance the ability to share their opinions or to ask questions of the speakers. The opinions held by those in the room were as diverse as those presented by Mr. Saint-Denis and Mr. Oscapella, showing the topic is a controversial one. Mr. Oscapella's website can be accessed as follows: http://fox.nstn.cal—eoscapel/cfcip.efdp.htmi

-34- S-5 SEEKING ACCOUNTABILITY — THE NEED FOR COMMISSIONS, INQUIRIES, OMBUDSMEN

Reviewed by: Rebecca Hartshorn Carleton University, Department of Criminology & Criminal Justice

Judge Inger Hansen, Ontario Court of Justice in Perth introduced General Sir David Ramsbotham, Her Majesty's ChiefInspector ofPrisons, London, England, who gave a brief overview of how the prison inspection system arose in England, and stressed the importance of the independence of that system from the prison service. This independence, General Ramsbotham argued, ensures that inspectors are accountable to the public without being biased to either the inmates or staff who lodge the complaints, or to the government that hears the recommendations.

Ed McIsaac, Executive Director of The Correctional Investigator Canada, stressed the importance of an avenue of redress for prisoners, and explained the function of his department was to "conduct investigations into complaints lodged by the offenders." It is also an independent investigator required to present its findings in a written report to Correctional Services Canada, parliament and the public. Mr. McIsaac also pointed out that the process of investigating and malcing recommendations is largely dependent on the responsiveness ofthe government agency under review. He argued that it is the public's demand for accountability that "ensures inmate concerns are effectively addressed in a timely manner."

Willie Gibbs, Chairman of Canada's National Parole Board, focused on the key concept of openness. He said accountability was the enforcing of, or explaining of, responsibility and it is this openness that keeps the parole system accountable to the public. He said it is a responsibility of the Parole Board to explain to the public incidents involving parolees, whether or not the results are good. The talk ended on a positive note, with statistics showing an increase in parolees and a decrease in serious crime recidivism.

Steve Sullivan, Executive Director of the Canadian Resource Centre for Victims of Violence, spoke on behalf of victims and their right to lcnow. His concept of accountability was not to blame parole boards, but to admit mistakes, learn from them, and put that knowledge into action. Mr. Sullivan said he believes the system has a responsibility to provide answers to the victims of crime and to provide those answers in a timely manner. He felt the real value in giving victims a voice was to give a face to high profile crime and thus promote change.

Questions focused on the issue of civil suits by victims and the growing option of suing the accused. A debate ensued regarding the victim's right to know versus the accused's right to privacy and the need for closure.

S-6 COM1VfUNITY NOTIFICATION

Reviewed by: Brian Puddington Carleton University, Department of Criminology & Criminal Justice

-35- "We are in the justice business, not the revenge business!" Inspector Barry Turnbull of the Peel Regional Police Service in Brampton started the seminar with this simple, yet effective, sununary of his position. Recently, the Canadian public has demanded that a community be told if a newly- released offender, whether a pedofile or other violent criminal, is about to move into the neighbourhood. Inspector Turnbull, however, believes this can have quite a negative effect, and possibly lead to firther recidivism.

An interesting aspect of this presentation was that all three speakers seemed to hold the same opinion - that is, that notifying the public when a "dangerous" offender is released from prison and moves into a community has very few benefits for not only the offender, but for society as a whole.

Inspector Turnbull felt that if someone is continued to be labelled a sex offender even after they have served their prison sentence, the offender will tend to fulfill this prophecy. Even if they don't specifically repeat the crime for which they were originally incarcerated, there are still many negative effects that community notification can produce. For example, often when the convicted individual's past is dug up, the original victims or survivors of the act are brought into the spotlight as well. It can also be difficult to keep track of particular individuals who may lie about where they are going after prison if publicity awaits them. Inspector Turnbull argued that notifying the public does nothing more than create panic and a false sense of security. Since there are sexual and violent offenders living among all of us, simply focusing on the ones that we can see, and who have paid their dues, will lower our defences to the others who are lurking but have yet to be caught.

Daniel Bellemarre, Director ofPrograms for Maison Radisson Inc. in Trois Rivières, Québec agreed. He felt that educating the public on how to recognize and deal with sexual offenders already in our communities is better than simply rejecting them. People have experiences as children that can lead to a pattern of behaviour they learn to use to handle particular situations. For example, a child who viitnesses a lot of violence and conflict will learn to handle most situations in that manner. Mr. Bellemarre said that if an offender reacts violently to rejection, and the society he/she is going to be released back into immediately rejects hirn/her, then the "button" for a violent reaction has been pushed. Trust with the offender must be established, and being ostracized the moment you leave prison does nothing to promote that trust. It should also be noted that some community is eventually going to have to accept the individual, so learning to deal with them now makes more sense than just shifting the problem to someone else.

Graham Stewart, the Executive Director of the John Howard Society of Canada, agreed with the other two speakers, but addressed the audience with more force and emotion. He dubbed the policy of public notification as dangerous, uncontrollable, cruel harassment veiled by a claim of "public protection". He asked the question, "how does driving someone underground and into hiding make society safer?" How do we expect a newly-released individual to react if he/she is confronted by a policy that is constructed to reject him/her? Mr. Stewart then continued to give specific examples where laws about public notification have been quite extreme. In Louisiana, for example, there have been cases of men being ordered by the courts to post signs in their yards, bumper stickers on their cars, and/or write messages on their clothes outlining the crime for which they were convicted. No real solutions were presented in any of the three presentations, but a clear message was sent. Community notification is not the answer. A question was asked at the end of the workshop about whether lists should be provided to agencies such as the Boy Scouts or Big Brothers. In fact, these agencies now do require the applicant to have a criminal record check. Although this can deter convicted offenders from applying, Inspector Turnbull vehemently stated that this can lead to a false sense of security. Just because an individual is not on the list or does not have a criminal record, does that mean that they are safe? The answer is quite simply "No".

S-7 ORGANIZED CRIME AND GANGS

Reviewed by: Brian Puddington Carleton University, Department of Criminology & Criminal Justice

The seminar opened on a fairly pessimistic and depressing tone. This is not to say that the speakers for this seminar were not enthusiastic about their topic, but that there is really nothing positive about the existence or current enforcement of organized crime.

Inspector Gary Nichols, Officer-in-Charge, Proceeds of Crime Section, Integrated Task Force, RCMP, opened his presentation with the somewhat shocking statement, "I'm not optimistic". As in the United States and other industrialized countries, Canada is the host to many Mafia families from Italy, Russia, Asia, the Carribean and Columbia. Trying to control these international crime syndicates is obviously not an easy task, but is one that requires immediate attention. The losses that corporations and the Canadian government can incur to organized crime is in the billions of dollars. The United Nations estimates that organized crime gangs earn $1 Trillion (Canadian) a year in profits and are now so economically powerful they pose a threat to developing countries and emerging democracies. The fact that a "gang" could potentially take over a country is an unbelievable, yet plausible, situation.

If these criminals are getting away with such a large sum of money, the question must be asked why more enforcement is not dedicated to this area. Inspector Nichols explained that because of the international characteristics of these groups, treaties, boundaries, borders and basic jurisdiction conflicts with other police forces and governments are seriously hampering the policing of organized crime. These criminals can travel anywhere, yet the police get caught in "red tape" and are restricted by lower funding. Even trying to fight these criminals at home can be affected by the poor co- operation and communication between Canada's various police forces.

Another reason for Inspector Nichols' pessimism about the police controlling this situation is that Canadian citizens are not yet fully aware of the serious effects these criminals can have. The public wants to see more police on the streets chasing drug dealers, rather than a police officer at a computer trying to trace the millions of dollars in drug money entering and leaving the country. What is tragic, however, is that the organized criminals are more than likely the source of that one pusher on the street, and there are thousands more where he/she came from. Attacking the problem on the streets, or even in Canada in general, will not necessarily help. Enforcement has to be directed towards stopping the crime and money from crossing our borders in the first place. Inspector Nichols sug,gests that stripping the profits from these powerful criminals would reduce the frequency of crime.

-37- Canada needs to become more hostile in order to make it a less attractive place to do business. He cited Australia's National Crime Authority and their ability to attack the problem more pro-actively. They have organized their police forces and taken steps to try to reduce the international flow of crime into their country. Canada needs to adopt a similar approach if the cost of organized crime is ever going to be reduced.

Ray Gawryluck, Gang Coordinator at the Stoney Mountain Institution in Winnipeg, Manitoba, spoke of the activities of a specific gang - The Manitoba Warriors. This gang, consisting primarily of youths, is similar to a Mafia family in that the membership in this "group" is often for a lifetime. New recruits are asked to sign an oath stating that they will be true, loyal, brave and willing to die and/or spill blood for the salce of the gang. Such strong devotion to a deviant subculture can again cause many problems for police forces who are trying to enforce and understand these types of criminals. Although some gang members can be easily identified, there is never a precise statistic of how many gang members may exist at one time. With memberships tending to grow quite quicldy, there is again the problem of crimes committed by one group of individuals flowing into other jurisdictions. Mr. Gawryluck had few suggestions on how to control this problem, other than addressing the issue while the members, or potential members, are still young and impressionable.

Peter Fatijewski, CFE, Security and Investigations for Doane Raymond Chartered Accountants, also addressed the issue of white collar crime, but from the standpoint of the losses that corporations can incur. Technology makes everything more complicated. Information flows around the world in seconds and files can be deleted, encoded in strange languages or hidden in other countries. Not only are the typical "mobsters" now under investigation, but there is a tendency to watch the actions oflawyers, brokers, bankers and other individuals who have access to this powerful technology. We have been prejudiced and ignored "good boys", or white collar workers, who were committing crimes, even though the monetary loss to these white collar criminals is hundreds of times more severe.

Similar to Inspector Nichols' view, Mr. Fatijewski suggests more education on the effects of White Collar Crime and training for police officers to be more technologically advanced. Colleges and schools are producing students fluent in technology and able to use it for crime, and there are not enough systems in place to control it. In his brief summary, Mr. Fatijewski suggested that we start now, because it will only get worse.

S-8 STATISTICS: WHY DO WE IGNORE THE FACTS?

Reviewed by: Tina Hill Carleton University, Department of Criminology & Criminal Justice

Moderator Mary Campbell, Director of Corrections Policy in the Ministry of the Solicitor General of Canada introduced guest speakers Anthony Doob and Karen Mihorean, who spoke to a group of about 65 people at this workshop. Its primary purpose was to present statistics relevant to criminal justice in Canada, to explain their importance and to show how they are often misinterpreted.

-38- Professor Anthony Doob of the University of Toronto's Centre of Criminology — a very charismatic speaker — entertained the crowd with many anecdotes relating to criminal statistics. His speech began with a story about Peter Mansbridge and the release of the 1996 annual Juristats crime statistics. "What's behind Canada's murder rates?", asked Mr. Mansbridge of the Canadian public, feeding into fear and misunderstanding of statistics. The point of the anecdote was to garner an understanding that statistics cammt be examined in a vacuum, they have to be examined in context. Professor Doob continued by showing how our society — he has done public perception studies — has the impression that things are much worse than they are. In fact, statistics do not show that the murder rate has increased, or that more youth are being charged with homicide today than 20 years ago.

He blamed the misperception on the media and their need to have a good story that will attract viewers. And the result of believing in the increase in crime is that people are afraid. And that, then, results in pressure on governments to `get tough'.

He concluded by saying that crime statistics are inherently political, and we must start to do a number of things: instead of asking 'Do boot camps work?' ask instead, 'Is spending $2.3 million on a boot camp in Ontario the best use of scarce resources?'

Karen Mihorean, Program Manager at the Canadian Centre for Justice Statistics in Ottawa, presented statistics and asked the audience to form its own opinion. The focus of the statistics and slides she presented was that not all Canadians are fearful of crime. 'Public fear of crime' is a misnomer, she said, and Canadians generally are satisfied with their personal safety, though certain segments are afraid.

Ms. Mihorean explained the different strategies that may be employed to gather statistics and said that the way information is gathered may play a role in the type of information found.

She said that in Canada, the U.S., England and Wales, the police-reported crime rate has declined for the fifth year in a row.

When discussing fear of crime, the two most influential factors are age and gender. However, when examined more closely, while females are more likely than males to fear crime, older people are only fearful if they are out doing something beyond their usual routine, so the fear is associated with health and other factors. As well, men tend to become more fearful as they age, whereas women stay about the same.

Overall, the workshop was informative and concluded with an open discussion. Participants seemed to enjoy themselves and felt the workshop gave them much to contemplate.

S-9 THE MEDIA - IS A PARTNERSHIP POSSIBLE?

Reviewed by: Tannis Waugh Carleton University, Department of Criminology & Criminal Justice

-39- This serninar sparked a lively debate as to what role the media plays in the criminal justice system.

Moderator Sheila Watkins, the Director of Communications for the National Parole Board, introduced Stephen Bindman, a reporter with Southam News in Ottawa. Although a reporter, he admitted there are problems with the way crime is reported in Canada. He believes the media is concerned mainly with sensationalism and because of this, important issues get zero coverage due to a lack of shock value. He gave the example of the Clifford Olson "faint hope clause" appeal that has been in the news recently. He noted Olson wanted media coverage and attention, and the victims as well as the media played right into his hands by maldng his appeal headline news.

Mr. Bindman also noted that while the media is most concerned with reporting bad news, people who work for the govenunent in the criminal justice system need to be more media-oriented. By this, he meant the govenunent needs to maintain a relationship with the media so that their side of the story can be told. He noted that on many occasions, members of the government were not forthcoming with comments or statements to the press and because of this, the media will only report one side of the story.

He also noted that one of the most common criticisms of the media is that they only report violent crimes and "bad news". The government can be more effective by being pro-active and seelcing out the media when there is an issue that needs attention. This way, the government is represented as much as the special interest groups. Mr. Bindman supports more press conferences and more statements given by government officials to improve the coverage of criminal justice as well as relations among criminal justice professionals and the media.

Susan Reid-MacNevin, Director of the Criminology Department at St. Thomas University in Fredericton, agreed with Mr. Bindman that criminal justice professionals need to be more pro-active with the media. She said, "the media want quick answers, but crime statistics take time". She advocated a partnership between the media and the people who work in the system by facilitating discussion between the two groups.

One of the issues raised was the perception of crime by the media. Ms. Reid-MacNevin noted that the media will report on events but not the whole story, which in turn gives the public the perception that the crime rate is much higher than it actually is. In a study on reporting crime that analysed 710 articles from four Ontario newspapers, she discovered that 58 per cent of all youth articles were crime-related and of those, even though most are property-related, it was violent crime that was reported. This implies that youth are committing more violent crimes, whereas they are actually declining. She also noted that 22 per cent of articles mentioned how the young people were dressed. "Society promotes the idea that all lcids are bad and because of this, the media reports only the 'bad news' when it comes to young offenders."

Her suggestion for how to get the media and criminal justice professionals to work together was to create a partnership based on communication. She said, "the media has such a strong influence over public opinion that we could change the perception of the community if they worked together".

-40- The third panelist was John Vandoremalen, Director of Communications for Planning and Media Relations at the Correctional Service of Canada. Like Mr. Bindman, and Ms. Reid-MacNevin, Mr. Vandoremalen agreed that a partnership is possible with communication and understanding.

Mr. Vandoremalen noted that the media has a powerful impact on public opinion and they can influence the public's understanding of government and its perception of federal corrections.

The media are not homogenous and report the news according to their own mandates: to explain, to be informative, or to entertain. The story produced depends on the slant taken by that form of media, the kind of audience to which the story is appealing, and so on. There is a world of difference, he said, between the way tabloid TV programs versus CBC or CTV's 'The National' carries a story.

There is a difference between an interview given by broadcast news and one with an open-line radio show.

Advocacy journalism has emerged in the past 10 years, that is, journalism that advocates a certain angle to a story. He noted that journalism is a business and sensationalism sells. Newspapers make issues simple so that people can understand them, and in the process stray from the more complex underbelly of the criminal justice system. "Issues in criminal justice are extremely complex," he said, implying readers are not getting accurate coverage of these stories.

"It is important for you to find ways to adapt to an industry (that will not change)" said Mr. Vandoremalen. The average Canadian spends 50 hours a week attending to either print — newspapers or magazines — radio or television. When a corrections story comes to light, it may run in the media for a number of years as developments occur. Repeated reporting such as this may give the impression that crime is on the increase. And reports from the U.S. exaggerate news from this field a great deal.

After listing the problems that stand in the way of good usage of the media by corrections — such as the diversity of the justice system and no one spokesperson being able to report on all issues — he shared some of his suggestions for improvement. These included using the media as an integral part of all that criminal justice employees do, encouraging organizations to be open to the media, being pro-active and getting to know the media in your community, looking for opportunities to collaborate with other criminal justice agencies in your community and going in front of the TV cameras to put a face on an organization. Finally, Mr. Vandoremalen urged senior managers of criminal justice agencies to keep their communications staff well informed and use them to communicate messages to the media.

This debate on the media produced a lot of commentary as well as questions from the audience. Natalie Dixon from the United Church of Australia noted that, "we live in a voyeuristic society and the media and the community are co-dependent." Ms. Dixon pointed out that there is a market for sensationalism and as long as that market exists, there will be "bad news" reporting.

-41- S-10 CRIMINAL JUSTICE RESPONSE TO VIOLENCE AGAINST WOMEN

Reviewed by: Michelle Berthiaume Carleton University, Department of Criminology & Criminal Justice

Throughout this workshop, frustration with Canada's criminal justice system seemed to be the dominant sentiment among panelists and audience members alike. The discussion, moderated by Lynn Ray, President of the Union of Solicitor General Employees, focused on why women's groups are critical of recent law reform initiatives and what can be done to improve the position of women in society.

Although violence against women continues to be a serious problem in North America, the panel's consensus seemed to be that the response from the criminal justice system was doing little, if anything, to improve the situation. In fact, Elizabeth Sheehy, Ph.D., of the Law Faculty of the University of Ottawa, suggested that it may be malcing the situation worse. Lee Lakeman, Executive Director of the Canadian Association of Sexual Assault Centres, expressed profound dissatisfaction with current law reform initiatives. She criticized anti-stalking legislation for being ineffective, claiming that it has failed to significantly reduce stallcing. She said that, despite research in the U.S. indicating the failure of court orders to prevent violence against women, Canada's approach to protecting women remains the same.

Colette Parent, Ph.D., from the Department of Criminology at the University of Ottawa, also recognized the difficulty in using the criminal justice system to further women's rights. She contended that ours is a patriarchal, class system, and women's interests are not taken into account. Dr. Parent contended that violence against women is a societal problem and cannot adequately be addressed in a criminal justice system designed to deal with individual problems. She said that the criminal justice system can do little to change the power relationships between men and women and stressed the importance of considering other means of dealing with the issue.

Both Dr. Sheehy and Ms. Lakeman clarified the position of women's groups on a number of different issues. Ms. Lakeman commented on the harassment of feminist activists, and pointed out that women's groups are often mistaken as criticizing the criminal justice system in a way similar to victims' rights groups. Ms. Lakeman was adamant in distinguishing between the two groups. She also maintained that women's groups do not support lengthening jail sentences, repealing the faint hope clause, or increasing police powers.

The issue of treatment was raised and Ms. Lakeman pointed out that the anger-management programs available to violent men are not designed specifically to deal with the needs of men who are violent toward women, and was sceptical of the effectiveness of any imposed program.

Although the topic of the workshop was violence against women, it was evident that men had an important place in the discussion. The objective was clearly not to advocate male-bashing, but to emphasize the need for male participation in dealing with violence against women. As Ms. Lakeman pointed out, the problem of violence against women cannot possibly be resolved without the involvement of men. Nevertheless, women's groups have always been the ones to initiate action.

-42- S-11 'WHAT'S THE FUSS ABOUT?' — FIREARMS CONTROL IN CANADA

Reviewed by: Rebecca Hartshorn Carleton University, Department of Criminology & Criminal Justice

Moderator Gordon Parry, Director of Policy and Programs of the Canadian Firearms Centre at the Department of Justice, opened the workshop with a brief overview of the Firearms Act that was given Royal Assent in December of 1995, and which is due to be fully implemented by mid-1998. The legislation requires all guns, including rifles and shotguns, to be licensed and registered, and imposes regulations and operational policies such as safe storage and mandatory training. Mr. Parry pointed out that while the legislation addresses significant social issues, it does not do so without heated debate. To understand this controversy, he tu rned the microphone over to the panel.

Professor Wendy Culder, President of the Toronto-based Coalition for Gun Control, showed overheads of statistics and presented a convincing argument in support of the Firearms Act. Her central point was that many deaths and injuries attributed to guns are preventable, and that there is at least as much evidence to support the legislation.

David Tomlinson of the National Firearms Association, opposed the legislation, arguing that the theory of fireanns control does not work. He suggested that the legislation only takes the guns out of the control of the victims, and not out of the control of the criminals who, he argued, operate outside of the legal system to purchase and use their guns.

Mr. Tomlinson's response to the argument that guns can kill in an impulsive and accidental situation was that this was like saying "stay out of the kitchen because knives are found there and could also be used impulsively." Not addressed was the fact that guns are generally more lethal than knives. When asked to clarify his point, Mr. Tomlinson said the National Firearms Association "had been presenting its issues since 1964". Participants pointed out that they needed to hear these arguments again, and a heated debate arose involving statistics, surveys, and studies.

S-12 HARASSMENT IN THE WORKPLACE

Reviewed by: Paulette Pommells Carleton University, Department of Criminology & Criminal Justice

Helen Beck, a lawyer for the Canadian Human Rights Commission, explained how harassment cases are reviewed, from a legal perspective. There are four key questions concerning workplace harassment: 1. The action: Did the conduct occur in the employment place? It has been clearly outlined in case law that activities related to the job do classify as workplace-related. 2. Was the act or remark unwelcome at the time to the victim? It is critical that the victim felt offended at the time of the occurrence, versus two days later, which is not considered a genuine emotion. 3. Objectively spealdng, would a reasonable person in the victim's situation have been offended? This tie-breaker question asks a reasonable person of a similar race, background and situation if they would have felt the same way. 4. Regarding the employer's liability, did the employer take all reasonable actions to prevent or mitigate its effect? Often there are cases where performance

-43- becomes an issue. A victim may feel uncomfortable working in the same environment as the offender while the employer does nothing to remedy the situation. As a result, the worker's performance is affected.

Mediation is another method of resolving harassment in the workplace. Diane McCusker, a mediator and conciliator with the Public Service, said this method advocates procedural fairness; that is, the investigator should be an unbiased third party, both parties should be heard and all information should be open to both parties. Mediation involves resolving the situation that will benefit both the victim and the offender and looks at causal factors of harassment. Ms. McCusker argued that harassment is an abuse of power. It targets those who are of less power. Unfortunately, this often leads to women and minorities as the victims. She suggested team building projects and counselling to help heal the workplace, help prevent harassment and educate others about its ramifications. Creating a harassment policy by management also aids in deterring and resolving harassment in the workplace. Since everyone will have access to the policy, workers will be aware that harassment will be taken seriously.

A third source of support for harassment issues is the Public Service Alliance Committee. Janice Manchee, a Human Rights Officer for the Committee, addressed the problems of harassment in the workplace. The first problem is where to draw the line in defining harassment. Only recently has the law given this behaviour a name. And in order for harassment in the workplace to be minimized, we have to equalize employment relationships. Education is one way of promoting equality. Human rights laws are another way of emphasizing and exercising fairness and redress. Too much time usually passes between an incident and resolution, which means the victim does not feel safe or secure in his/her work environment. Second, more people get involved and fellow workers tend to take sides and a poisonous atmosphere is created. Third, facts or details essential to the victim's case may be forgotten.

One comment addressed in the workshop dealt with the problem of wrongful complaints. The person who made the comment was once wrongfully accused of harassing a co-worker. As a result of the time lapse between the complaint and the actual investigation, the person was persecuted by fellow workers. In other words, time is an important factor in such a situation. Mediation should be considered inunediately after the incident occurs.

In surnmary, procedures need to be faster and confidential so that both the victim and the offender can move on with their lives in a healthy way.

-44- MONDAY SEPTEMBER 22, 1997

M-1 ALTERNATIVE DISPUTE RESOLUTION (ADR)

Reviewed by: Christine Jones Carleton University, Department of Criminology & Criminal Justice

At this workshop, moderator Geoffrey Reid of C entreTrack Conflict Resolution, told listeners the session would deal with common elements in ADR between unions/labour, the criminal justice field, the community and private enterprise.

Ms. Linda McLaughlin of the Union of Solicitor General Employees, said the issue of dispute problem-solving is first and foremost for any member of the Union, but felt that the use of ADR may be of concern to her union. The main issue would be the opposition to management design that may be used to split workers into two groups. This design pits employee against employee, and employee against employer. She said the key to successful ADR is the use of the 'trained professional' and that the union would insist on being consulted on all ADR training and insist on monitoring ADR in relation to the union and its members. Ms. McLaughlin did not see ADR as having the tools for problem-solving, but acknowledged that collective bargaining also used these tools for the same purposes.

Inspector Paul Hanes, Alternate Dispute Resolution Advisor to the RCMP, said ADR has a positive impact on internal relations and is critical to the area of cultural differences. "ADR nurtures cultures and moves away from paramilitary policing". ADR narrows the gap between the public and police and is moving the RCMP from reactive to pro-active policing. Within the RCMP, ADR is being used to solve issues of grievances, discipline and discharges, resulting in a win-win situation. The RCMP is using ADR as an informal tool to resolve disputes through negotiation, voluntary arbitration, and the most popular method, mediation. ADR for the RCIVLP improves morale, confidence, saves money and is fair and flexible in handling employee problems.

Carole Eldridge, Executive Director of the Dispute Resolution Centre for Ottawa-Carleton has worked in the criminal justice field for nine years and is involved in a community-based service using trained mediators to interact between victims, the accused, and the court system. This is a voluntary program open to adults and youth only where both victim and accused agree to participate. Anyone can be recommended to mediation by their employer, the police or the community. The program centres on finding alternatives for the justice system, and if a resolution is agreed upon the courts may then consider the recommendation.

Ground rules for mediation include the necessity for all parties to have at least one common issue. There must be a neutral third party to mediate and all parties have the power to recommend solutions to end the dispute. Since everyone has an investment in the resolution, a solution is found that will benefit all parties.

Mr. Richard Weiler, a Chartered Mediator from the Arbitration and Mediation Institute of Canada, demonstrated how mediation can span both the criminal justice system and the civil justice

-45- system. Mr. Weiler felt ADR can be used to find a new and better way of dealing with criminals. He proposed a practical approach that would advance the interests of all parties concerned. He said the cost of conflict is high, including lost dollars, lost opportunities and lost relationships. Based on the principle of weighing the interests of all parties, negotiation seems to be the solution to many unresolved disputes. In the business community, mediation also seems to be popular. Although Mr. Weiler acknowledged that mediation and ADR are not the solution for every problem, they are worth considering.

M-2 BATTERED WOMEN: THE SELF-DEFENCE REVIEW

* This workshop was cancelled with profound apologies from Judge Lynn Ratushny who was unable to displace a trial over which she was presiding.

M-3 FAMILY GROUP CONFERENCING - COMMUNITY ACCOUNTABILITY CIRCLES

Reviewed by: Althea Samuels Basudde Algonquin College, Department of Journalism

Family Group Conferencing is a restorative justice process involving face-to-face communication between an offender and his or her victims. Also involved in the conferencing are members of the offenders and the victims 'support group.' The support group can include family, friends, coaches, as well as other victims in the community who may be affected by the crime. For example, a break and enter will have had an effect on neighbours who may also feel victimized. They all attend the conferencing.

The purpose of family group conferencing is to allow the offender to see the impact of his or her actions. Shame is the theory behind family group conferencing.

"It uses the dynarnics of shame in a positive way to change people's behaviour," said Ms. Jennifer Gates-Flaherty, Coordinator for the Restorative Justice Project with the RCMP.

Western society has a negative feeling about shame, but shame is the reason we don't commit crime, according to psychologist Mr. John Braithwaite. Shame has two components: internal, which is our conscience, and external, which comes from family and friends. It is important to practice reintegrative shame, which is to shame the act and not the actor.

Mr. Don Nathans, an American psychologist, says there are some emotions our body doesn't like to feel but we do not have control over them. These include fear, anger, disgust, distress, and shame. All of these aspects are used in conferencing.

Family group conferencing gives the offender the opportunity to acknowledge how others have been harmed. Ms. Gates-Flaherty says victims are quick to forgive the offender. The conferences are also effective in reintegrating the offender so the shame is not overpowering and debilitating. One concern brought up during the discussion period was that shame can turn into destructive guilt if it is not given a proper avenue. Ms. Rita Scott, a social worker and Crown

-46- Counsel with the Ministry of the Attorney General in British Columbia said this will not happen with good facilitation. She said the process is an emotional one, not intellectual, and a good facilitator vvill be able to channel emotions that surface.

"Trained facilitators are absolutely necessary when dealing with people's emotions," she said. Ms. Scott also said the word 'shaming' does not do justice to the process. "Reality goes on," she said. "The victim meets the offender and the offender meets the victim. A bond happens and identification takes place. They understand what it is like to be in each other's shoes."

Some people were concerned that some offenders do not have a sense of shame. Ms. Scott said a good facilitator will find something that is important to that person. Police involvement was another concern of the group. Currently, the police make the decision whether to lay charges or not. Ms. Gates-Flaherty said this is something they do all the time and is not new. What family group conferencing does is offer the police the opportunity to address the effects of crime. Family group conferencing only deals with low-level crimes. The offence must be a prima-facie case that has a strong likelihood of conviction.

Ms. Scott said the RCMP shouldn't facilitate the conferences. It should be community-based and involve people affected by the crime.

Mr. Graham Reddoch, Executive Director of the John Howard Society of Manitoba sees family group conferencing as a healing process for offenders and their families. He said families are often overlooked but families of both the victims and the offenders should be involved in all aspects. Discussion period brought up the question of ' problem' families. What happens when an offender's family is part of the problem? Rita Scott said it is still important that they be there. There is also the concept of'family by choice.' The offender can chose who is important to him or her and that is their family. It is usually someone whose opinion the offender values.

The spiritual aspects of family group conferencing were also raised. In Saskatchewan, Elders from the Aboriginal cornmunities opened and closed the conferences in prayer. Rita Scott mentioned prayer does not have to take a certain form but affirmations could also be classified as spiritual.

Ms. Lynn Zamrnit, from the Board of Education for the City of Etobicoke, said she uses family group conferencing in schools with students facing long-term suspensions. She said it's useful when dealing with diverse cultures because many are distrustful of the police but trustful of school boards.

M-4 COMMUNITY JUSTICE COUNCILS — YOUTH JUSTICE COMMITTEES

Reviewed by: Ruthanne Urquhart Algonquin College, Department ofJournalism

The need for Community Justice Councils and Youth Justice Committees is becoming more apparent as a result of four realities in Canadian society: the loss of public confidence in the criminal justice system; the general dissatisfaction with youth court solutions; the low level of victim

-47- satisfaction offered by court decisions and alternative measures schemes; and the practicality of having offenders make tangible restitution in the community where the offences occurred.

Mr. Andrejz Berzins, Crown Attorney with the Ministry of the Attorney General, talked about Russell Heights and Hintonburg Community Justice Committee initiatives in Ottawa. The first was not successful because local police pulled out rnid-way through the setting-up of the program, and because establishing the committee itself was an intricate process which suffered from factionalism and internal squabbling. The second is an on-going process with police taking a somewhat passive role, and the initiative becoming mired in internal disagreement.

Despite these problems, Mr. Berzins expressed faith in the validity and viability of Community Justice Councils and Youth Justice Committees.

Ms. Lee Tustin, Senior Policy Analyst, Ministry of Community and Social Services, said that in the absence of a formal, province-wide youth justice initiative, many area offices in her Ministry have had to come up with their own funding schemes - Ontario Ministries overlap in their mandates, jurisdictions and funding abilities.

As well, establishing the involvement of and co-operation between professional - police and probation - and Conununity Youth Justice Committee members is difficult but vital. Ms. Tustin said her 1■Inistry will soon release Reinvestment Strategy for Children and Youth (dealing with preventative and early intervention services, and reassigning of funding to these front-end measures) and Young Offender Strategic Directions (outlining the direction of YO services until the year 2000).

Mr. Wayne Kyte, Executive Director, Laurencrest Cornwall Youth Residence and Chairperson of the Stormont, Dundas and Glengarry Alternative Measures Committee in Cornwall, said his Youth Justice Committee was set up with four mandates: accountability of the offender for his/her actions; deterrents that effectively discourage repeat offences; objectivity allowing the community to be involved in offence and recourse assessment; and community ownership of the problem to facilitate preventative/early intervention measures. The process consists of three steps: a signed agreement produced by the young offender, the young offender's parents and a trained volunteer caseworker; a panel meeting ofvolunteers (corporate, citizenry, victims) to accept or reject the signed agreement; and an advisory committee (Wayne, Crown, Legal Aid) to report on the case to the Board of Cornwall Youth.

Mr. Kyte indicated that of 302 cases in four years, only 33 re-offended, saving about $250,000 in legal aid costs.

Moderator Robert Paiement, a consultant and member of the Board of Directors of the Canadian Criminal Justice Association, said that because every community is unique, it is vital to involve the whole corrununity in Community Justice Councils and Youth Justice Committees, and equally vital to get support from provincial governments in terms of program development, volunteer training and financial assistance.

-48- M-5 MOVING tHROUGH PAIN

Reviewed by: Diane Vroom Algonquin College, Department of Journalism

Victims and offenders very often have something in common, and that is pain. The victim of a crime needs to move forward, beyond the pain, and offenders need to go back and look at the pain in their lives that led them to commit the crime. The session 'Moving through Pain' illustrated how both sides of crime struggle to move through the pain.

Ms. Wilma Derksen from the Mennonite Central Committee of Winnipeg, Manitoba, spoke about the stages of grief victims go through while trying to move through the pain. She explained how murder affects the lives of families, and how victims function and go on after a crime. Ms. Derksen's own daughter, Candice, went missing in 1984 and was found dead in January 1985. Her killer has not been found.

Dealing with her ovvn daughter's murder and with the many other victims of crime she has counselled over the years, Ms. Derksen said she hears the same themes, or elements, of grief recurring in the victims' stories. She listed 15 stages of grief victims go through, but malces it clear that "grieving cannot be put into a formula." She said that every step of the victim's grieving process can be addressed by the community and that one of the most important things it can do for victims is provide them with information. To help victims understand what has happened, and put all the pieces together, requires information. The community needs to give victims the information they need, even if that information hurts, so they can move on.

Victims want to give forgiveness, but they don't know how and they need help to move through their pain. Ms. Derksen made it clear that the process victims go through, their 'grief journey', can't be put into a formula and is very individual; it can take days, months, or even years.

Ms. Derksen also spoke of the unique relationship between victim and offender, their bond created by a moment of violence. Victims and offenders share a common bond of pain.

Mr. Jonathan Rudin ofthe Aboriginal Legal Services of Toronto, presented the offender's side of moving through pain and agreed with Ms. Derksen that victims and offenders share a common bond of pain, meaning that most offenders were once victims themselves. He explained that being a victim once is no excuse to inflict hurt on other people, but said, "If we want people to cease being offenders, we need to find out why they committed the crime."

Mr. Rudin said that the criminal justice system creates arbitrary lines of distinction between victims, who deserve sympathy, and offenders, who deserve contempt and anger. Since many offenders were once victims themselves it does not help the offenders to split them into these two groups. Offenders need to move through the long process of dealing with pain, and jail is not designed as a place for moving through pain. Rudin believes there must be another place for offenders, outside ofjail, for healing to happen. Punishing offenders for their crimes is not the way

-49- to handle them if we are concerned with the community and re-offence. Mr. Rudin said jail will only work for the short term because the offender is away from the conununity, but once released, the pain will still be there and make recidivism highly probable.

Mr. Rudin says the first step is getting the offender to talce responsibility for their action and show them their behaviour cannot be excused. They must take this part of the journey on their ovvn but the community needs to offer them help, he said. Addiction and recovery and counselling programs are needed, and the process needs to be tied to recovery versus punishment only.

Ms. Kathy Louis, Regional Vice-Chairperson of the National Parole Board, Pacific Region, explained how she works at integrating the traditional aboriginal system of healing when ministering to her people, the Cree, within the mainstream justice system. "Healing is a lifelong process, it is not an event," she said.

Ms. Louis works in healing circles with Aboriginal women. In sweat ceremonies and healing circles, the healing begins with participants looking within. This is a 'sacred justice', not justice that is full of revenge, punishment, and blame. Ms. Louis stressed that professionals today need to gain an understanding of the methods of her people and their holistic approach to healing. It is not new- age thinking but ancient and based on timeless themes such as respect, caring, kindness, unconditional love, honesty, and sharing. She saw strength in the Aboriginal programs in the jails, and the work of the Elders, where the offender takes a risk to heal his/her life and seek forgiveness. Ms. Louis also felt that non-native people are learning to use the traditional teachings and the healing circle with their own system ofjustice. The mainstream system, she said, needs to understand Aboriginal ceremonies and not view them as just 'little ceremonies.'

Victims and offenders both need help from the community in their journey through pain so they can find forgiveness and move on.

M-6 HEALING IN ABORIGINAL COMMUNITIES

Reviewed by: Nadine Bourcier Carleton University, Department of Criminology & Criminal Justice

Ms. Connie Fontaine, Hollow Water Reserve, Winnipeg, Manitoba, opened with a prayer. She then described her community which is made up of 400 people, seven different religions, and surrounded by a Métis conununity. She explained that they co-exist peacefully due to the cormnunity's acceptance and respect for each person's religious beliefs, customs and way oflife. Ms. Fontaine explained how the community of Hollow Water works together and described the positive working relationship it has with the "mainstream" justice system. She also described various justice initiatives being used on her reserve and explained how these make the offender accountable to the community. According to her, the offender finds this process much harder than going to jail because he or she must face and answer to his or her own people.

Although the use of sentencing circles was discussed, Ms. Fontaine's presentation focused on the initiative created and designed by the Hollow Water community to deal with one of its most

-50- prevalent problems, the high incidence of physical abuse within the home. This began with the assembling of a 25 person Assessment Team which works with the victim, the victim's family, the victimizer and the victimizer's family, following a series of 13 steps "towards making the victim become whole again". These steps include listening to, validating, and discussing disclosures from victims, ensuring that no further victirnizations occur, contacting outside law enforcement if necessary, confronting the victimizer, conducting appropriate healing ceremonies and supporting both the offender and victim throughout the healing process.

Ms. Fontaine explained that for the most part, the community hears each case and is influential in determining the appropriate sanctions to be imposed on the victimizer. These are included in the Healing Contract, the equivalent of a probation order. The Hollow Water community is also charged with supervising the offender, as there is no outside probation or parole officer on the reserve. Once again, this is said to be a much more effective form of supervision as it is undertaken by all members of the community as opposed to just one individual. A sentencing review is conducted every three months to ensure that the contract is being respected by the offender. Unique aspects ofthis initiative include the provision of equal support for both the victim and the offender. This, however, is only offered to the victimizer who takes responsibility for his or her actions by acknowledging his or her guilt. Those who deny the allegations made against them find themselves without any support from their community and must then deal with the "mainstream" justice system.

Another unique aspect of this system is the accountability of the offender to the community which, according to Ms. Fontaine, is a very effective deterrent due to its ability to instill feelings of shame in the victimizer.

One of the weaknesses of this system is the lack ofjudicial hold which the Assessment Team has on the victim. Connie Fontaine explained that it is much harder to force the victim than the offender to participate in the healing process. Overall, Ms. Fontaine believed the community-based initiative is more effective than the mainstream Euro-Canadian system because it holds the offender accountable to the community, provides an opportunity for healing, and offers support to all affected members of Hollow Water.

Ms. Carolla Cunningham, Native Counselling Services, Edmonton, Alberta opened with a brief background ofher professional involvement within different areas of the criminal justice system, including a minimum security prison, a prison camp, parole, probation and family court. This was followed by a description of some of the programs with which she is currently involved, run by Native Counselling Services of Alberta.

Ms. Cunningham explained that there are 50 sentencing circles across the Province of Alberta, each empowered by the community and each with unique characteristics specific to its individual values and customs. She also spoke about holistic programming which involves bringing sharing circles and Elders into institutions. .

Throughout her presentation, Ms. Cunningham expressed her frustration with the Correctional Service of Canada which, through the adoption of inflexible rules and procedures such as requiring Elders to produce written reports, is undermining the efforts of indigenous peoples who are attempting to provide "traditional" healing for incarcerated members oftheir communities. According

-51- to Ms. Cunningham, CSC must learn to respect and understand the differences between Euro- Canadian and indigenous cultures.

Ms. Cunningham explained that the "traditional" teachings of the Elders promote ldndness, sharing, honesty and strength which can only lead to a positive and harmonious lifestyle. According to her, teachings are "the only thing that Aboriginal people have that makes any sense to them". It is therefore crucial that Elders be allowed to enter institutions and deliver teachings to indigenous offenders without interference or unreasonable demands imposed on them by CSC.

Another aspect of indigenous culture was the importance of ceremonies such as sweats, sun dances and fasting. Ms. Cunningham attempted to draw a parallel between the therapeutic powers of mainstream psychological therapy and the use of ceremony by Aboriginal peoples. According to her, Aboriginal people learn to grow and change their outlook through the use of such ceremonies. Ms. Cunningham also described a 13- week healing program which she developed called "In Search of Your Warrior". The program is unique because it has flexibility and can be applied to fit each individual. In her words, the healing process is "steeped with tradition, ceremony and passage of right" and starts chronologically with each person's "child". It involves going back, cleaning up and filling in wounds and necessitates dealing with numerous issues for each individual. According to Ms. Cunningham, one of the hardest wounds to fill for Aboriginal peoples is the feeling of "abandonment"; by their own people, by the government and from their culture.

In closing, Ms. Cunningham encouraged the audience to watch "Rage", a documentary she produced which takes the viewer through the lives of five category I Aboriginal offenders in an effort to understand the source of their individual problems and struggles.

M-7 THE 1996 SENTENCING REFORM LEGISLATION

Reviewed by: Christine Jones Carleton University, Department of Criminology & Criminal Justice

The 1996 Sentencing Reform Legislation workshop was opened by Mr. David Daubney, Coordinator of the Sentencing Reform Team, Criminal Law Policy and Community Justice Division, Department of Justice in Ottawa.

Chapter 22 of the Statutes of Canada (formerly Bill C-41) was introduced into legislation on September 3, 1996 as an addition to the Criminal Code of Canada. It was the first piece of legislation allowing the provinces to establish alternative measures to incarceration for adult offenders. It created a new community sentencing option; the conditional sentence, simplified restitution procedures for victims and allowed for alternatives to imprisonment for fine defaults. This workshop provided a progress report for Bill C-41, after being used for one full year. The provinces are all coining on board in their use of alternative measures which include restitution, community service, mediation and specialized programs (house arrest and electronic monitoring). The program was instituted to be an alternative to incarceration, but was also meant to recognize and include the needs

-52- of victims. The offender is to be separated from society only where necessary and to take responsibility for the offence committed. Recognizing Canada's over-reliance on incarceration and promoting successful reintegration of the offender into society is a primary goal of Bill C-41.

Dr. Scott Clark, Principal Researcher in the Criminal Law and Young Offenders Research Unit for the Department of Justice in Ottawa, presented the methods of research and the prelitninary fmdings for Bill C-41. The preliminary assessment after one year focuses on conditional sentencing. To monitor conditional sentencing, Dr. Clark is collecting data from all the provinces and territories on the state of the provisions specifically and conducting inter-provincial comparisons. By conducting special studies and studying the literature reviews from other experts in the field, data is collected on general sentencing in relation to Bill C-41. Case-based data on conditional sentencing has shown some very important results concerning women and children re: domestic violence, sexual assault and conditional sentencing.

The past year's findings on conditional sentencing are preliminary as this is the first year of implementation and data collection. Some of the areas that have been successful in using conditional sentencing include: domestic violence in Manitoba and PEI, property crimes and some cases of sexual assault. Conditional sentencing was meant to encourage the individual needs of offenders and the specific needs of provinces and to discourage the use of blanket sentencing which offers incarceration with no other viable option.

Judge David Cole, Scarborough Court, Ontario, advocates the Bill, and provided a real look at its use. Judge Cole proposed conditional sentencing for individual provinces and saw alternative options as a measure to reduce incarceration and make an impact on offenders where other methods have failed. He stressed the necessity of providing treatment programs along with conditional sentencing to help offenders deal with the other issues that compound their lives. There does seem to have been an initial impact in the decrease in incarceration rates for women in Ontario.

Judge Cole recognized that there are different perspectives regarding Bill C-41, but saw it as giving judges alternatives to incarceration and creating successful sentencing. As well as treatment programs and increased supervision, either in the form of electronic monitoring or house arrest, the other component to successful alternatives is to give judges the ability to be creative in sentencing, for example, fines versus jail, or using community services. Judges can now get involved in the administration of their own sentences. They can insist, for example, that offenders return to court in three to six months to have their conditions changed as added incentive for success.

Bill C-41 in the initial stages is showing real signs of success. Research funding is imperative to pinpoint what changes may be required. Community support is vital to the Bill's success, and only through their encouragement and support will viable options to incarceration succeed.

M-8 ALTERNATIVE SENTENCE PLANNING

Reviewed by: Nadine Bourcier Carleton University, Department of Criminology & Criminal Justice

-53- Mr. Matthew Yeager, Clinical Criminologist and member of the Advisory Council of the Canadian Criminal Justice Association, explained that alternative sentencing began when youth training schools in Massachusetts were closed down. As a result, judges became receptive to alternative options for sentencing youth.

Ms. Carol Fiedelleck, Regional Manager of Community Corrections, Saskatchewan Community Operations in Saskatoon, shared a few criminogenic facts about Saskatchewan which are unique to the province, such as the rise in violent offences and the fact that Saskatchewan has the highest rate of Aboriginal people involved in the correctional system and the highest rate of Criminal Code offences.

Ms. Fiedelleck discussed the province's adoption ofinitiatives which focus on the reintegration of offenders. Among these is the province-wide use of an Offender Risk Assessment Scale, similar to that used in Manitoba. It is hoped that its use will accurately address needs on a case-by-case basis and provide a framework for communication within correctional services.

Ms. Fiedelleck explained that Saskatchewan contracts out to a private agency which takes care of collecting the money for sentencing alternatives. Community Service Orders are also used and considered to be a positive initiative because the offender can be seen as giving back to their community. The program provides an opportunity for some offenders to gain employment through agencies once they have completed their community service.

Another program is Saskatchewan's Intensive Probation and Electronic Monitoring program which is being used as an alternative to incarceration. The potential for net-widening is avoided because the program targets high-risk offenders who would have otherwise received a jail term. Electronic monitoring is also tied to conditional sentences and bail supervision programs and is effective for individuals with low self-control.

As a result of Saskatchewan's commitment to community involvement, Ms. Fiedelleck explained that probation officers are moving out of government offices and establishing offices right in the community. Family group conferencing has also helped officers complete a community assessment by interviewing an entire group as opposed to holding interviews with individual family members.

Mr. Graham Reddoch, Restorative Resolutions Program, John Howard Society of Manitoba, described the Restorative Resolutions Program developed four years ago and explained how this initiative was developed as a sentencing alternative to incarceration and a "concrete example of how restitutive justice could be carried out". According to Mr. Reddoch, the need for alternatives to incarceration arose out of the recognition that prison is not effective in preventing recidivism.

The program, supported by both the federal and provincial Justice Departments, provides the offender, victim and community with the opportunity to become directly involved in repairing harm done. Mr. Reddoch explained that the program is aimed at recidivist offenders who would otherwise be facing jail time. To qualify as a participant, an offender must be facing a sentence of at least six months in prison and must be prepared to take responsibility for his or her actions (guilty pleas only).

-54- According to Mr. Reddoch, referrals have an acceptance rate of 90 per cent by judges. The program, sponsored by the John Howard Society of Manitoba, is currently worlcing with 91 offenders and makes use of the Manitoba Risk Assessment Scale.

Ms. Wallace-Capretta, Corrections Research, Solicitor General of Canada, gave the audience a description of the evaluation of the restorative resolution program she conducted with Mr. James Bonta last year.

The program includes referrals, eligibility, plan development and submission and court acceptance. Referrals to the program can be made by both Crown and defence lawyers, probation officers, community agencies, judges and the offender. Excluded are offenders facing charges for domestic or sexual assaults, drug trafficking or gang involvement. Program staff work with the offender and conununity in developing a plan which will meet his or her needs and the defence attorney has the responsibility to present the plan to the court. Ms. Wallace-Capretta explained that while the plan does not have to be supported by the Crown attorney, the Crown's endorsement will affect the court's acceptance. She also discussed the outcome measures used in her evaluation, and explained how offenders' progress was compared to that of similar offenders who served custodial sentences. Her analysis indicated that the majority of offenders in her sample were referred by their defence attorneys and evaluated as medium risk. She said there is an 85 per cent success rate for offenders who have been in the program for one year.

M- 9 COST OF THE SYSTEM - INVESTING INSTEAD IN CRIME PREVENTION

Reviewed by: Krista Rooney Carleton University, Department of Criminology & Criminal Justice

"Is investing in crime prevention really worth it?" This was the question tackled in the discussion led by moderator Mr. David Ross, Executive Director of the Canadian Council on Social Development. As Canadians, do we really know how much money we spend annually on our criminal justice system?

Ms. Elaine Scott, former Executive Director of the National Crime Prevention Council Secretariat, led the discussion by putting the issue into an economic context. Ms. Scott said that as a nation we are under the assumption we spend approximately $9.7 billion a year on the criminal justice system, when in reality, this is just the "tip of the iceberg". If true costs were to be measured, the cost would be well on its way to $46 billion a year, and even this could be considered a conservative figure.

Ms. Scott said the solution is to curb expenditures with 'an approach through balance'. As a nation, we need to put a high emphasis on cost effectiveness and considerable time into child intervention. We need to control violent crime, find effective alternatives for non-violent criminals, and research the prevention of crime through social development.

Mr. John Labatt, Director of Community Youth Services in Regina, Saskatchewan, said we need to move towards a model of crime prevention, and stressed early intervention.

-55- Mr. Labatt presented solid evidence into investing in crime prevention. Saskatchewan's 'Action Plan for Children,' stresses prevention, integration and community. The Plan includes programs for court-based support for child witnesses, expansion of the community schools program, recreational strategies for children and early childhood initiatives. These initiatives are put in place to strengthen communities as a whole, enable them to take control and give them a sense of security as they share involvement in the criminal justice system.

Mr. Labatt's second initiative was the Family Prevention Development Program. This program focuses on several important needs of problematic families. The program is intended to target families with custody issues, to restrict caseloads so as to have an "immensely involved" support service, to prepare a flexible schedule for service delivery, to focus on case management goals and to clearly specify and record the outcome of these procedures. This "multi-faceted" approach is designed for helping multi-problematic families in trouble with the criminal justice system.

Mr. Labatt concluded there is a need for prevention, community-based intervention and a framework that would allow for tracicing and reinforcement of targets. The most important conclusion was the need to be able to quantify the goals set out by every program. As a country and community we need solid evidence and data to measure our successes and our failures so we may make suitable changes for the future.

With healthy children come healthy, productive adults and this is key to a strong and viable conununity unburdened with the enormous costs associated with crime.

For more information from the National Crime Prevention Council, please consult their web site at http://www.crime-prevention.orgincpc

M-10 POLICIES, PRACTICES AND PROGRAMS OF PROMISE

Reviewed by: Louisa Coates Communications Branch, Correctional Service of Canada

Fear of crime often gives rise to repressive measures. Are there programs and policies on the Canadian or international scenes, that work and result in better returns for the taxpayer?

These are questions posed to correctional experts from Canada and England.

Moderator Frank Porporino, Ph.D, Consultant, T3 Associates and former Head of Research at CSC, said, "We tend to be a worried lot because no matter how hard we try, we don't get it right enough. And this doesn't let us celebrate what we do get right".

The first speaker, Mr. Richard Tilt, Director General, Her Majesty's Prison Service, London, England, told the packed audience the United Kingdom's incarcerated population is 63,000 inmates or 120 per 100,000 people. Prisons are overcrowded and becoming more so rapidly — the incarcerated population rose 10 per cent in the past 12 months.

-56- Mr. Tilt said his correctional system has five goals: 1) to ensure conditions in prisons are htunane (some institutions are over 300 years old) and encourage excellence in staff; 2) to protect the public through the rehabilitation of offenders; 3) to offer programs to offenders; 4) to provide safe conditions to the offender and reduce the level of violence in prisons by offering incentives and privileges to inmates; and 5) to ensure respect for the individual.

Mr. Tilt said that the 1970s and 1980s decades bore a 'nothing works' attitude, but experts today believe in the power of programs. It is hoped some 2,500 offenders will be enrolled in accredited programs in the coining year. 'VVhile regular programming may be hit and miss - research shows it can actually be counterproductive if poorly run - accredited programs are ones that have been tested and proven to be effective.

Accredited programs must fulfill four criteria: 1) they must seek to change factors that are relevant to the offender; 2) they must use the lcind of methods offenders are used to, ie. participatory methods; 3) they must have the right level of intensity; and 4) they must be linked to 'through care', that is, continued care after release. The link between prisons and probation is largely undeveloped, said Mr. Tilt.

In the U.K., each prison running an accredited program is audited once a year. What is looked for? Whether the program has institutional support, whether staff are properly trained and well supervised, whether the quality of sessions is high - do offenders improve in attitude? - and whether information is passed on to the offender's probation officer.

As a result of such rigorous scrutiny, the U.K.'s Parole Board has developed more confidence in correctional programs, said Mr. Tilt. "We don't know yet whether this system lowers recidivism, but we are tracking it and will start getting results over the next 12 months."

The second speaker was CSC Commissioner Ole Ingstrup, who told the audience that the U.K. and Canada will sign a memorandum of understanding - to share information and knowledge - later this year.

Mr. Ingstrup said that while the CSC once operated behind closed doors, it has become closely monitored by the media and has the involvement of the public, with tribunals now involved with prison management.

According to Mr. Ingstrup, practices that have been found to work within CSC include incentive programs, Citizens' Advisory Committees, offenders contributing to society, prison volunteers, parole supervision, benchmarldng, risk-taking and external verification.

CSC's programs are working, said Mr. Ingstrup. Cognitive skills programs — where the offender is encouraged to use rational thinking skills before acting — has shown to cause a 20 per cent reduction in recidivism if offered in an institutional setting, and a 66 per cent reduction if offered in the community. Adult basic education courses have been shown to reduce recidivism by 21 per cent, substance abuse treatment programs reduce the rate by 54 per cent, and sex offender programs — the CSC offers more than 100 of these programs to some 2,000 offenders a year — have been shown to reduce the rate by 56 per cent. Other successful plans include work programs, family violence

-57- programs, while Aboriginal programs are still in the testing stage. "My intuition tells me we are on the right track by using these programs," he said.

Mr. Ingstrup said the CSC's role is not to address every problem the offender has, but those that are crirninogenic. And that while programs are showing success, CSC still needs to pay more attention to implementation. "If we are weak in this area, it can damage our reputation," he said.

M-11 ARBOUR AND BEYOND

Reviewed by: Andrea Brown Carleton University, Department of Criminology & Criminal Justice

Ms. Kim Pate, Executive Director, Canadian Association of Elizabeth Fry Societies, Ottawa and Ms. Nancy Stableforth, Deputy Commissioner for Women, Correctional Service of Canada exarnined the implications and actions undertaken as a result of the Arbour Report. In brief, the Arbour Report recommended reform for federal corrections in general, and the treatment of women within the system in particular. The workshop illustrated the misogynist nature of Canadian corrections as a whole and specifically the male-oriented model upon which our prisons are based. Both speakers' messages were that fundamental differences exist between female and male offenders and the system must be changed to reflect these.

Women offenders usually offend in response to severe oppression, abuse, or addiction. That is, most female offenders' behavioural problems are situational rather than chronic. Because of this, the public must change the way they view and stereotype female offenders.

Other issues included the geographical segregation of female prisons from offenders' friends and families. Also discussed was cross-gender staffing, the use of force in institutions, and the system's inability to recognize that female inmates' needs are greater than those of males.

Responses to these inadequacies included a range of suggestions, from implementing leadership at the national level to developing programs geared toward women's needs. Other suggestions included a contextual analysis of women's violent acts and locating indicators which can translate into prevention. The individuality of the offender must be paramount over the collectivity, since each woman offends for her own reasons. Women must be seen as different from men and from one another.

The Arbour Report outlined the problems faced by women in the correctional system. These include: 1) segregation; 2) a lack of proper needs assessments and responses; 3) the inability to view each case individually; 4) a male-oriented model of incarceration; and 5) cross gender staffing and the inappropriate use of force. Solutions were discussed as were alternatives to incarceration for female offenders, and the significance of reintegrative strategies.

-58- M-12 CANADA ON THE MOVE: AT HOME AND ABROAD - PARTNERS FOR PROGRESS: NEW CANADIAN INITIATIVES ON THE INTERNATIONAL SCENE

Reviewed by: Althea Samuels Basudde Algonquin College, Department of Jou rnalism

Mr. Daniel C. Prefontaine, Chief Executive Officer for the International Centre for Criminal Law Reform and Criminal Justice Policy in Vancouver answered the question: Are we really on the move internationally?

• He said national borders are becoming increasingly irrelevant when it comes to criminal activity. Law enforcement, crime prevention, and criminal justice activities are defined more generally in international terms. Canada's involvement on the international scene is in response to requests from the UN. "Canada has and still does play an active role with the UN and international forums," he said. The purpose is to promote Canadian values without imposing them, to promote the rule of law and human rights issues.

Canada is a leader on the international scene. Canadians help train police overseas and are involved in law enforcement, crime prevention, and corrections. The Canadian International Development Agency (ODA) spent $85 to $100 million on legal reforms to other countries.

Mr. Willie Gibbs, Chairrnan of the National Parole Board, said that in 1999 the concept of parole in Canada will be 100 years old. It began in 1899 with the 'Ticket of Leave'. The parole system has improved in the last 10 years and has become a model for other countries. "Before a system goes abroad, it must be a good system in the first place," said Mr. Gibbs.

Canada is now interfacing with the U.S. through the American-based Association of Paroling Authorities International (APAI). Mr. Gibbs said Canada is the only country represented by the 'I' (International). He said there should be other countries involved. The association sought membership from New Zealand and Australia but distance was a problem.

Mr. Gibbs has been involved in Prison Fellowship International which has close to 60 offices around the world. Its mission is to improve prisons. Because the Fellowship knew what it was doing, he said, it went to Malta - a country one third the size of Prince Edward Island, but with three times the population - and organized a prison system in one week. The country had one prison with no parole or conditional release system.

Canada is also involved in a transfer of offenders agreement with 60 countries. Canada has received 600 Can.adians who were serving long sentences in other countries through this agreement. Only 100 foreign nationals have left prisons here to enter prisons in their own countries. Mr. Gibbs sees this as a testimony to how good the prison system is here.

Mr. Gibbs also said education goes both ways and we can learn a great deal from other countries. Family group conferencing, for example, came from New Zealand. The CSC is planning an international symposium for March 1998 in Ottawa.

-59- M-13 RESEARCH FINDINGS ON PUBLIC ATTITUDES

Reviewed by: Ruthanne Urquhart Algonquin College, Department of Journalism

Throughout June and July, 1997, 1,000 persons 18 years of age or older were interviewed by telephone across Ontario to develop a profile of public views about youth and adult crime and justice systems.

Moderator Ms. Margaret Stanowslci, Executive Director of Springboard in Toronto indicated that the research project sought empirical data about public support eantipathy toward the traditional trial/incarceration process versus alternative measures/youth and adult justice comrnittee processes.

Ms. Jane Sprott, Researcher, University of Toronto, Centre of Criminology, presented data showing that more that 50 per cent of respondents believe youth court sentences are too lenient, conununity service orders are not completed, and incarceration is a satisfactory resolution of criminal cases for both youth and adult offenders. This set of data indicates respondents are more punitive than less.

At the same time, however, most respondents, whether more or less punitive, want more money spent on preventative, early-intervention and reintegration programs for both youth and adult offenders.

Virtually all respondents are in favour of separate facilities for young and adult offenders, and in rehabilitation programs and supervised community service sentences.

Kim Varma, Researcher, University of Toronto, Centre of Criminology, presented data indicating that, given more information about offenders, respondents become less punitive. As the amount of information about offenders increases, so does the respondent's tendency to be in favour of social and rehabilitation programs for young offenders.

Respondents do feel that property offence sentences should be the same for adult and young offenders, and that adult and youth sentences are not harsh enough. Again, given more information about the offender, respondents become less punitive.

Most respondents, whether more or less punitive, feel that incarceration serves as a deterrent, shows societal disapproval of the offence, and effectively segregates the offender from society.

Ms. Voula Marinos, Researcher, University of Toronto, Centre of Criminology, presented data about public reaction to alternatives to incarceration - such as conditional sentences and conununity service orders - for both young and adult offenders.

The data indicate that the public is equally negative about in-community conditional sentence/conununity service servers and conditional sentence/community service orders themselves. In general, the nature of the crime does affect the response received. Sex offenders, for example, are

-60- more likely to be seen as deserving of incarceration/segregation from the community than are property offence offenders.

Although the data have not been assembled long enough to be adequately studied, the results of the survey raised several questions: Why is there general support for incarceration? How can we shift the focus from incarceration/punishment to alternatives such as community service orders and conditional sentences? Given that many respondents react less punitively when more information is given about the offender, how can we reinforce this positive reaction when current laws forbid the release of information about young offenders?

Moderator Stanowslci indicated that more definitive conclusions may be drawn when researchers have had enough time to analyse the data.

M-14 JUDICIAL SENSITIZATION TO GENDER ISSUES

Reviewed by: Ruthanne Urquhart Algonquin College, Department ofJournalism

Moderated by Ms. Madeleine Basta, Counsel, Judicial Affairs Unit, Department of Justice in Ottawa, the workshop opened with Professor Rosemary Cairns-Way's quote, "A judge's mind does not have to be empty to be open."

She said the Canadian judicial system has a clear commitment to equality, and awareness of/respect for differences in gender experience can be achieved by an on-going examination of the status quo. Judges must constantly re-examine themselves and their own social contexts.

Ms. Chantal Bernier, Senior Advisor, Gender Equality, Department of Justice, said that judges are human and a sum total of their experiences. Since their experiences are affected by age, gender and environment, their judgement is, too. Male judges have a more limited set of experiences than female judges, because females, judges or not, have the experience of being female in a world where being female brings discrimination and danger. The gender of a judge influences his/her courtroom decisions. And because bias/experiential decision-making is unconscious, we must have a formal, analytical framework in place to rid ourselves of such faulty decision-making in the courtroom.

Professor Rosemary Cairns-Way, Project Co-ordinator, Social Context Education Project, National Judicial Institute, Ottawa described education courses offered by the Institute. The Institute offers 80 days of courses throughout the year, as well as sessions dealing with problems being encountered by specific courts. The Institute will be offering a 'faculty development program' to identify judges who could teach and/or lead small groups in confidential analyses of problems and problem areas.

Success of the social context education program for judges will involve a high level of commitment from judges, will cover a wide range of issues and recognize links between issues, will be a long-term process, and will allow judges access to feedback from the community.

-61- Professor Cairns-Way emphasized that conununity involvement in any social context education program is essential to ensure the credibility of the program and to offer a non-adversarial forum for a judiciary/community exchange of goals and ideas.

During the discussion following the presentations, the question was raised concerning the development of a code of conduct for judges. The panel responded that what will be developed will not be a code of conduct, but rather a set of resource guidelines enabling judges to assess any situation arising in the courtroom and then apply that assessment to their own social contexts.

A question was also raised concerning judiciary involvement in the social context education program. The panel said that judiciary involvement is not mandatory, but that the development of a resource library will enable remote self-education by judges.

The question of conununity involvement with the judiciary was discussed: there are concerns about who in the community would be given free access to judges through participation in such programs. Some judges worry that such access would lend status to an individual or group, and that perceived status tnight lead to questions of impartiality down the road.

M-15 PARTNERSHIPS AND PROGRESS - CHALLENGES AND OBSTACLES FOR GAYS AND LESBIANS IN THE CRIMINAL JUSTICE SYSTEM

Reviewed by: Christine Jones Carleton University, Department of Criminology & Criminal Justice

Moderator David Pepper, Director of Community Development for the Ottawa Carleton Regional Police Service opened the workshop. Members of the audience presented issues or concerns of the agency they represented. These included difficulties for gays and lesbians in trusting the police, and police's fear in dealing with gays and lesbians. The injustices towards gays and lesbians and their fear of reporting crime was a prime concern, along with homophobia in the criminal justice system, the correctional institutions' dealings with gays and lesbians.

John Fisher, Executive Director of EGALE, "Equality for Gays and Lesbians Everywhere", presented the challenges for gays and lesbians across Canada. There are still many difficulties faced by gays and lesbians today, from attitudinal problems within the justice system to the desire to get same-sex legislation passed. There have been advances in legislation — the federal Hate Crimes Bill (Bill C-41) covers violent crimes against any race, gender, sex or religion and deals not only with gays but with discrimination against anyone — but attitudinal changes will only come from systematic education and the removal of stereotypes.

Ms. Carroll Holland, a Community Worker with the Community Access Project, Ottawa- Carleton Regional Police Service, presented her work from a local and service level. Issues at the community level have been hate crimes. In the last three years, same-sex partner abuse has emerged. While it is not a new issue, the willingness of the gay and lesbian community to discuss the topic is new. A spark of hope is the number of service providers that are beginning to work in conjunction with the community to solve this problem.

-62- Gay and lesbian crime is often not reported to police because of a lack of confidence in the criminal justice system. Gay and lesbian isolation has created a denial of the problem by community and service providers. What is needed are trained police personnel, specific prevention programs and involvement by the gay and lesbian community in all program planning.

Despite the problem, the work to reduce barriers between the police and the gay and lesbian community has been a success considering the short amount of time it has been attempted. Gays and lesbians have access to the justice system through 'safe entry points' (Ms. Holland herself works as one) and from there the problem is handed to specific personnel who are trustworthy and sympathetic.

It is hopeful to see an institution as powerful as the police affirming a segment of society that is usually rendered invisible, said Ms. Carroll. The mistrust and cynicism that predominates within any minority community is being addressed via the use of trained personnel, the use of procedures, treatment programs specific to the needs of gay men, counselling and, of course, education needed to eradicate the stereotypical attitudes of some. A big step for any community is a good relationship with the police.

M-16 EMPLOYMENT EQUITY IN CRrMINAL JUSTICE

Reviewed by: Althea Samuels Basudde Algonquin College, Department of Journalism

Ms. Joanne Labine, Women's Program Officer for the Public Service Alliance of Canada (PSAC) in Ottawa, said employment equity is implemented because it is the right thing to do. Employment equity will increase the client base and reduce the cost of litigation. She sees it as a tool for evening-out workplace inequalities.

The PSAC implemented its employment equity program by documenting inequalities and acknowledging that disadvantages exist and affect the workplace. The workplace bares the brunt of implementing the policy because there aren't any laws to support it.

The PSAC was a political organization which had difficulty attracting women. It has two staff unions which are subject only to human rights legislation. Members of the union wanted to see themselves represented when they came into office.

In the process of implementing an employment equity policy, members wanted it to be outside the regular bargaining process. They wanted to be sensitive to human rights and educational issues. Along with attracting women, they looked at the issue of accommodation for people with disabilities, and the aging population.

Ms. Labine said some policies don't have outright discrimination but they can become discriminatory through implementation. It was important they talk to people to find out problems of implementation.

-63- The PSAC put in a mechanism to review staffing and began preferential staffing and specific recruiting. When a position opened up, the job posting would target or specifically indicate the position was open only to an equity group. With specific recruiting or group recruiting, they ensured a member of that group sat on the recruiting board. Ms. Labine concluded by stressing that monitoring is very important.

Mr. Michael Corber, Director of Employment Strategies, Personnel and Training Sector for the Correctional Service of Canada said they monitor on a monthly basis. They focus on self- identification. Mr. Corber said this is where the true statistics come out. Employees are asked to mark a box which states that the information can only be used for human resource purposes.

CSC's mission, he said, is to respect the rule of law. It has studied barriers and held workshops to identify areas and come up with a framework to cover areas of importance. Training in anti-harassment is mandatory, he said.

M-17 ACHIEVING SATISFYING JUSTICE

Reviewed by: Krista Rooney Carleton University, Department of Criminology & Criminal Justice

Moderated by Mr. Howard Sapers, MLA for Edmonton/Glenora, this workshop focused on the Restorative Justice Model, a challenging topic since there is controversy and discrepancy about what restorative justice actually is.

Restorative justice takes on a variety of forms, yet for the most part it is about "making things right". A restorative model is removed from the traditional view most Canadians have about crime and punishment. It sees crime as the violation of one person by another and focuses on problem- solving between victims, offenders and communities. It does not follow the mainstream model of criminal, victim and punishment. It attempts to put a real face on the criminal act, that is, involve the victim and the community, and help the offender understand what he or she has done to that victim and community. Its main goal is to reintegrate offenders using the community as a major resource.

The presentation began with the introduction of Mr. Wayne Northey from the Mennonite Central Committee in Abbotsford, British Columbia. It didn't take long to understand that Mr. Nofthey saw restorative justice as a "vision". He emphasized the need to see things in a different light and to recognize the "visionary direction" restorative justice promoted.

Mr. Northey said that when dispensing justice we need to look at all the parties involved, namely the government, the offender, the victim and the community. The goal of restorative justice is to have all four parties actively involved when discussing justice for the offender. The community needs to feel in control to successfully reintegrate the offender into its midst.

Ms. Jan Turner, Director ofRestorative Justice for the Province of Saskatchewan, turned the attention to some specific criteria and goals set forth by a restorative justice model. A restorative

-64- justice model has as its goals: victim satisfaction, offender accountability, community responsibility, reduction in offending and re-offending, resiliency in the risk populations and low cost.

Ms. Turner said priorities are important, and to be successful the model needs to have a clear meaning for the community and government. This is being accomplished through information and education such as workshops and conventions. The model will need help from the justice system and government, which involves co-ordination and cooperation, and setting goals and priorities together as a team. The aim is to eventually develop community-based projects including diversion programs.

The restorative model is not without its challenges. If it is to be successfiil it must overcome obstacles. The most difficult part will be selling the model to the public, since the community is already dissatisfied with the criminal justice system. The model must also take into consideration the Aboriginal population which is highly over-represented in the correctional system.

The restorative justice model should give many Canadians a new sense of hope. There is no way of knowing if this is the best model for justice in the coming years. It is with the co-operation of the communities and governments that we will be able to assess the outcome of such a model.

M-18 EMPLOYEE ASSISTANCE PLANS

Reviewed by: Melad Botros Carleton University, Department of Criminology & Criminal Justice

Moderator Linda McLauglin, Service Officer with the Union of Solicitor General Employees, introduced Anne-Marie Fontaine, Program Manager at Corporate Health Consultants (CHC) and Dr. Wayne Corniel, Director of Program Development and Program Services at Health Canada.

An employee assistance program (EAP) demonstrates a commitment from an organization to its employees. Everyone, including the organization, benefits from identifying, solving and even preventing personal problems, pressures and stress before they affect job or organizational performance. When employees are troubled by stress, family matters, substance abuse or other health problems, the workplace is affected through reduced productivity, increased absenteeism, accidents, errors and employee turnover.

By helping employees solve their problems, the EAP and other behavioural health services promote a more productive workforce, and an improved workplace environment.

According to CHC, EAP's core product is counselling and the key to their success is service. Program Managers must provide value-added service through comprehensive reporting, demonstrated cost-effectiveness, guidance in prevention and flexibility in developing new and innovative solutions to meet the employee's needs. Ideally, EAP services will help the employees become healthier, more motivated and energetic. This translates into restored or improved productivity, lower absentee rates and reduced short-term and long-term disability costs.

-65- EAP services may include short-terrn counselling, trauma response services, case management, tailored wellness programs, telephone advisory services (childcare, eldercare & legal), substance abuse professional services, relocation support, in addition to many others.

Finally, in an ideal world, EAP programs and services should include: confidentiality, flexibility, client-centered model, face-to-face counselling, case management, eldercare, childcare and legal advisory services. They may also provide trauma response services, substance abuse professionals, wellness and health promotion programs, workplace consultation and 24-hour telephone access through a 1-800 line.

M-19 CORRECTIONS POPULATION GROWTH

Reviewed by: Nadine Bourcier Carleton University, Department of Criminology & Criminal Justice

Moderator Brendan Reynolds, Assistant Commissioner, Corporate Development, CSC, opened the workshop by sharing his belief that "prison is a short-term solution to a problem", a solution which is unnecessary for some, which can be counter-productive, and which is extremely expensive. Mr. Reynolds spoke about the need to recognize the growth of the Canadian correctional population, and the importance of taking this opportunity to "ask ourselves if we really understand what we are faced with" as well as what we can do.

Mr. Chris Nuttall, Director of Research and Statistics at the Home Office in London, England, gave the audience a particular view of what has happened to the prison population in Britain, a country similar to Canada in its attitude towards crime. The goal of his discussion was to demonstrate "what can happen when a system changes dramatically with enormous political push behind it".

Mr. Nuttall discussed some of the policy changes that have taken place in Britain over the last 30 years as a result of changing political objectives and concerns. He explained how these changes have resulted in a dramatic increase in the prison population of a country that, 30 years ago, had policies restricting the number of people serving custodial sentences due to the perceived lack of effectiveness and the high cost of incarceration.

He argued that there is absolutely no relation between the amount of crime in Britain and the number of people in its prisons. According to him, the dramatic increase in the prison population growth can be attributed to the adoption of "get tough" policies which encourage the increased use of custody and length of sentences.

Mr. Richard Zubrycici, Director General of Correctional Affairs at the Ministry of the Solicitor General, said that what is happening in Canada is driven by the same forces described by Mr. Nuttall, mainly political, and described how the Canadian prison population increased by 26 per cent between 1990 and 1994.

-66- Mr. Zubrycki emphasized how, despite this dramatic increase in the prison population, police arrest rates and other recognized indicators of increases in the crime rate were down. Not unlike the situation in Britain described by Mr. Nuttall, Mr. Zubrycki attributed this increase to changes in correctional policies which released fewer offenders to the community and increased revocation of conditional release. According to him, correctional policies promoting tougher measures and an overbearing cautiousness within the system are only exacerbating the problem.

On a lighter note, Mr. Zubrycki spoke about recent legislative changes which show more support for community corrections, such as Bill C-41, which introduced conditional sentences, and Bill C-55, which allows for Accelerated Parole Review. Despite these efforts, Mr. Zubrycici warned there is still much work ahead and ended by suggesting we pursue alternatives to incarceration and reserve that option for "the worst of the worst".

Mr. Marvin McNutt, Director of Corrections and Victim Services, Department of Justice, Newfoundland, said: "There is an inordinate, unjustifiable use of corrections as a means of social control". He said the prison population in Newfoundland has increased by 30 per cent in the last two years, despite the fact that the province has the lowest rate of reported crime in Canada.

Mr. McNutt discussed Newfoundland's new offender population management strategy' which evolved out of the need to deal with this overpopulation. The program uses house arrest as an alternative to incarceration, targets criminogenic needs on an individual basis and makes use of risk management tools.

Mr. McNutt also spoke about the increased use of Temporary Absences and the passing of Bill C-53 which extends temporary absences' length from 15 to 60 days and promotes their back-to- back use. According to Mr. McNutt, these types of initiatives have resulted in a 30 per cent decrease in the provincial prison population. Newfoundland has also seen the closing of one correctional centre and the centralizing of another one. In closing, Mr. McNutt emphasized the need for continued discussions of possible alternatives to incarceration but warned about guarding against the net-widening effect.

-67- TUESDAY SEPTEMBER 23, 1997

T-1 ACCOUNTABLE, YES. TO WFIOM?

Reviewed by: Anna-Marie Weiler Algonquin College, Department of Journalism

In this workshop, four speakers explored the lack of accountability in our justice system and proposed ways to make it more accountable.

Charlene Howe, Vice-President, W.J. Stelmashuk and Associates Ltd., B.C. began by describing a conversation with a stranger in an airport, who felt there was no justice in Canada. This made her question the accountability of the justice system. She felt local and regional groups involved with the justice system tend to be the most accountable.

Ms. Howe wondered aloud whether society was being properly informed about the criminal system. "The media feeds us sensational stories of murders and crime," she said. "Are we misinformed and misled about crime?" She suggested communities be more involved with the justice system to make it more accountable.

Arlène Gaudreault, President, Association québécoise Plaidoyer-victimes, Montréal, focused on how the justice system is now more accountable to victims. "We are far from achieving justice for victims," she said. "(But) victims can now be present at hearings," which is a new phenomenon.

Victims are showing more dissatisfaction with the justice system, said Ms. Gaudreault, and compensation packages have been cut back. She expressed concern over offenders having rights in the Charter of Rights, while victims have only declaratory (unwritten) rights.

Ms. Gaudreault said victims aren't reassured by a justice system where there is early parole, insufficient punishment and little, if any, compensation for damages. Victims want protection and justice, she said. Decisions are made behind closed doors but it's important to be able to observe the judicial process and for the justice system to be accountable for what it does.

Lesley Harries-Jones, Coordinator, Victim's Services, Peterborough Police, said, "I want to find the solution to balancing the scales of justice."

She said the corrununity should be informed about what's going on in the justice system, which should no longer work in isolation. And students, the community, and the media should be informed about judicial decisions. Victims want to be involved in the judicial process, and to be acknowledged and supported. Once the judicial system is made more accountable to victims, it is more accountable to the conununity.

Jean-Claude Bernheim of the Office des droits des Detenu(e)s, Montréal, spoke about looking at the judicial decision-making structure to coordinate all that happens.

-68- Mr. Bernheim described the scandalous events at ICingston's Women's Penitentiary which showed the justice system's lack of accountability. The report describing the events was changed by national authorities, as was video footage of the events. When the truth was revealed, it was found Correctional Services had not followed its own laws. Health staff involved in the incident did not speak to police, who did not investigate until the next day.

"That kind of silence is unacceptable," said Mr. Bernheim. His solution to the lack of accountability was this: "If we can be more involved in the (justice) system, then the system will be more accountable."

T-2 ABORIGINAL JUSTICE: BUILDING PARTNERSHIPS IN A NEW REALITY

Reviewed by: Ruthanne Urquhart Algonquin College, Department of Journalism

The issue of policing with regard to Aboriginal Canadians has always been both sensitive and awkward to approach from any angle, but, after more than 30 justice inquiries over 10 years and almost 20 years of research, the First Nations Policing Policy (FNPP) seems to be one about which most of the parties involved can agree.

Pierre Goulet, Aboriginal Policing Directorate, Ministry of the Solicitor General, Ottawa, reported that 107 FNPP agreements have been signed to date, involving more than 60 per cent of Aboriginal peoples across Canada. The FNPP is optional for both jurisdictions and bands; the one area of Canada not yet on board is Newfoundland, although there are two officers currently stationed at Davis Inlet.

The FNPP offers three options of execution: full-fledged, self-administered policing; policing provided through existing police service (often RCMP); and whatever is agreed to by the three parties involved (First Nations, provincial, federal).

The cost of the administration of the FNPP is shared by the provincial (48 per cent) and federal (52 per cent) governments.

Norma Green, ICikawinaw, Okimaw Ohci Healing Lodge, Maple Creek, Saskatchewan, spoke about the 1996 task force report, Creating Choices, concerning Aboriginal women in the prison system. Native women constitute six per cent of the population of Canada, but make up 17 per cent of the prison population.

The staff at Oldmaw Ohci go through a rigorous training period. After dealing with personal issues, they go through two months of self-development and three months of corrections training. They are then hired for specific positions, and go through intensive position-specific training.

The mandate of the Oldmaw Ohci, above and beyond the aims and functions of any prison, is healing. To that end, the facility offers a sweat lodge and healing circle activities for residents. As well, residents may enroll in CPR, Red Cross and parenting courses in order to qualify to have their

-69- children with them. The healing mandate extends even to the renaming of standard prison programs - "Anger Management" becomes "Living Without Violence".

Olcimaw Ohci encourages resident interaction with the communities surrounding the facility, offering dances, feasts, sweats, healing, and naming and adoption ceremonies. Residents whose sentences and incarceration status permit, do regular volunteer work in the community.

Local Elders representing different bands are involved with the Healing Lodge's residents, offering traditional healing and counselling, and in various ways giving residents a sense of belonging within the band and community. Involving Elders from various bands is one way the Lodge encourages residents to make choices for their futures.

"Life is a living prayer," said Ms. Green.

Moderator Romolla Trebilcock, National Co-ordinator, Aboriginal Justice Learning Network, Department of Justice, spoke about the vital importance of resource tools and the Aboriginal Justice Learning Network (AJLN) in providing Native and other peoples with information about Aboriginal concerns.

The ATLN is not the traditional First Nations/provincial/federal effort, but involves a broader group ofvolunteers - professionals, experts, interested parties from all walks oflife - both Native and non-Native. It will provide cross-culture information and literature, counselling and services such as dispute resolution.

T-3 FIEALING, SPIRIT AND RECOVERY: FACTORS ASSOCIATED WITFI SUCCESSFUL INTEGRATION

Reviewed by: Diane Vroom Algonquin College, Department ofJournalism

In keeping with the day's theme of 'creating hope' this session looked at how people change their lives. With the problem of over-representation of Aboriginal people in correctional institutions, and high recidivism rates of Aboriginal offenders, the session sparked discussion about how the justice system can improve the way its institutions deal with Aboriginals.

A video called 'To Heal the Spirit' showed how three Aboriginal offenders turned their lives around through positive influences. The video was meant to be a catalyst to discuss the main factors that lead people to crime and factors that help them not to re-offend. By examining these factors, people who work within the criminal justice system can determine what the system needs to do to help other Aboriginals escape a life of crime. The video recognized stories about offenders who became law-abiding citizens after many years of criminal activity and in doing so showed correction officials 'what works' when dealing with Aboriginal offenders.

Iris Bear, Director of Training at the Nechi Institute in Saint Albert, Alberta, was one of the main players in the video. She works with Aboriginal offenders at the Nechi Institute located just

-70- north ofEdmonton. It is one of the few training, research and health promotions organizations in the world that is run by Aboriginal people for Aboriginal people, and its programs and resources are developed from an Aboriginal point of view. Established in 1974 to meet the growing need for addictions prevention and recovery resources, the Institute is committed to holistic healing and healthy, addictions-free lifestyles.

In looking at where the pain and trouble starts for Aboriginals, it becomes clear that a lack of cultural identity is a major factor in involvement in crime. Cultural breakdown in Aboriginal communities shows up in the families on reserves. Having Elders and strong role models around can help young people escape crime and gain hope for the future. Culture plays a big role in stabilizing people, said Ms. Bear. The offenders in the video said they felt alone, or remember feeling abandoned as they were growing up, and have a lot of hurt and pain in their lives. Other influential factors included a family history of violence, alcoholism, and most importantly, the generations of families who were put in residential schools.

Ms. Bear wants to help people in the justice system to understand Aboriginal healing methods. She believes there are ways Aboriginal teaching methods can be transferred to correctional services. Punislunent is not the answer, treatment is, she said. Ms. Bear feels Aboriginal ceremonies and Elder counselling are effective ways to help Aboriginal offenders, but she stresses that this process must not be exclusive to the Aboriginal culture alone. People outside of the Aboriginal community need to get involved and understand the healing methods.

T-4 JUSTICE IN A DIVERSE SOCIETY

For notes from this workshop, please contact presenters Mr. David Pepper, Director of Community Development, Ottawa-Carleton Regional Police Service, (613) 236-1222 ext. 5597; Mr. Marcel Kabundi, Ethno-Cultural Offender Programs, Correctional Service of Canada, Ottawa (613) 996- 9744; or Ms. Joarnie St. Lewis, Faculty of Law, University of Ottawa, (613) 562-5800 ext. 3311.

T-5 THE ROLE OF VOLUNTEERS - "UNTAPPED RESOURCES"

Reviewed by: Susan Turcotte Algonquin College, Department of Journalism

Volunteers create an important link for inmates during and after their incarceration. Canada's criminal justice system is assisted by an army of volunteers, many of whom serve in social, cultural, recreational and substance abuse areas. Working with these volunteers is critical for ensuring a better society for all Canadians.

Moderator John Walker, Senior Advisor, Federal/Provincial/Non-gove rnmental Relations, Secretariat, Ministry of the Solicitor General of Canada, led a panel of three experts in a discussion about the role of volunteers in the criminal justice system.

-71- René Durocher, a former inmate and now an In-Reach Worker at Stony Mountain Institution in Winnipeg, underlined the important links volunteers create between inmates and communities during incarceration. He said up to 95 per cent of inmates will eventually be released into the community, malcing volunteers' work crucial to their lives. For former inmates, the links can continue on the street. After many years filled with hatred and revenge, Mr. Durocher found a new sense of purpose as a volunteer within the prison system.

"When you start to give, you realize that life is more than taking." Mr. Durocher was released in 1990 after serving 22 years. In 1987, while still in prison, he created the Community Work Release Program, helping inmates talce responsibility for their own lives. Today he spends time on the road, reaching out to young people and families.

"What better way to learn about community, but by being involved," said Helen Friel, Project Officer of the Correctional Service of Canada's Volunteers Program. She said one strategic objective was to re-integrate not only former inmates into the community, but the public into the correctional system. Research has shown that helping the public understand the correctional system ensures the success of volunteer programs.

Although the calibre of volunteers has grown, recruiting them has become more difficult. On average, people volunteer for 16 months in an institution and 22 months in the community. A third are one-time-only volunteers. Students and recent graduates, eager to gain work experience, are a source ofvolunteers. The system needs and lacks volunteers with disabilities and those from different cultural and ethnic backgrounds.

Keys to recruiting and retaining volunteers includes screening, training and orientation. Feedback is provided through assessment, evaluation and recognition of their work.

A CSC volunteer training manual will be available in November, said Ms. Friel.

"Supporting our volunteers is absolutely critical," said Hugh Kirkegaard, Community Chaplain, Correctional Service of Canada, Toronto, and third speaker on the panel. "We need to provide good training, support and work alongside them."

Mr. Kirkegaard agreed that the community needed to be reintegrated into the correctional system and become involved in the process. Circles of support are needed to bring people together and support men and women who would formerly be shunned by their communities.

Mr. Kirkegaard said the challenging economy and evolving work place has created a third sector, the civil sector, which could become the glue that holds community life together.

In conclusion, Ms. Friel said that working with volunteers is not cheap, nor a way out. But the short-term costs will result in long-term gains.

-72- T-6 STRESS MANAGEMENT

Reviewed by: Don Fraser Algonquin College, Department ofJournalism

Michele Legault is a Human Resource Development Consultant based in Cantley, Québec. Among his specialties is the role that stress plays and how it can be harnessed before it causes damage. Criminal justice system partners would do well to observe some of his suggestions.

He began by saying we all have stressors in our lives. Some of these stressors, like children, are relatively constant. Others are periodic, and can combine to create intolerable situations. What matters is the way we perceive these situations and how we respond to them.

Mr. Legault focused on the different thresholds people have towards stress; their adaptive strategies to these stressors; and the damage that can result if stress is not handled properly.

Tolerance thresholds can vary wildly. Some people experience levels of stress perception far above a healthy 'level of balance', and soar above their tolerance thresholds with great ease.

• Stress reactions may begin with sleeplessness, situational depression and chronic anxiety but can end up in burnout, addiction problems, a predisposition to accidents, high blood pressure, cancer, heart disease and lowering of the immune system. Even diabetes and cancer have been linked to long- terzn, negative stress.

Chronic, negative stress is a message both to slow down, and an invitation to take action and work out coping skills. The key is to effect a balance in life as, conversely, too little stress causes "rust-out", and reduces one's level of tolerance for future stress events.

Relaxation should be welcoming, open and not forced. Accept it as it comes, he says.

The highlight was a 15 minute 'structured relaxation session', emphasizing Mr. Legault's 'gentle act of doing nothing' as an important part of a stress-reduced life. The concept was to remain fully conscious, with no stimulus, and to 'be' like this on a regular basis. He had the group focus on the idea of complete stillness, concentrating on breathing, and asked people to imagine a sense of relaxation spreading from the feet to the forehead. Ideally, find time to do it while at work, he suggested. If this isn't possible, he suggested trying it at home before dinner.

People who try relaxation exercises on a regular basis have a larger stress threshold, and experience less illness.

Holistically, principles of rest, recharging and relaxation should be a regular part of our busy lives. Sleep enough, plan restful periods after intense activity such as exercise, and try structured relaxation and enjoyable activities that recharge you. Finally, Mr. Legault gave the group a zen-like exhortation: "Enjoy the present moment, and pace yourself to last."

-73- T-7 THE INTERNET AS A TOOL FOR CRIMINAL JUSTICE WORKERS

Reviewed by: Lori McLeod Carleton University, School of Journalism

The Internet has become a valuable tool for people on both sides of the law, said Chris D'Arnico, Policy Analyst, Policing and Law Enforcement Directorate, Ministry of the Solicitor G-eneral. While justice workers are using Internet resources to assist in their fight against crime, criminals are putting the same technology to less noble uses.

To illustrate his point, Mr. D'Arnico showed the listing of a site that 26 people were accessing called "pre-teen sex pics." Another site contained a recipe for blasting gelignite, complete with the warning, "I have a friend who had some blow up in his face and he has nice third degree burns...which means fun stuff like skin grafts, etc."

Information on the Internet is easy to access and hard to trace, leading to what Mr. D'Amico called "a new forum for traditional crime."

He said most crime occurs on a server called IRC, which is more difficult to access and normally used by "computer geeks." IRC is a real-time network, where people can communicate with one another on the computer as if they were talking on the phone. Unlike traditional servers, IRC doesn't show the channel from which the person is calling. This offers a level of privacy that Mr. D'Amico said attracts fraud artists, pornographers and software pirates.

Efforts are being made to police the Internet. Bill C-17 makes unauthorized use of software and computer networks illegal, and carries a penalty of eight to 10 years. Private companies are developing "firewalls," or computers whose sole purpose is to monitor and trace the activities of computer hackers.

Difficulties occur because the world of the Internet is so vast, said Mr. D'Amico. Skilled hackers have the knowledge to cover their tracks, and to stay one step ahead of the police.

But the main challenge, he said, is that computer criminals just aren't afraid. "To them it isn't just the criminal activity, it's getting away with it," he says. "There are people out there you can't stop because they are addicted to playing the game."

A presentation called 'Fact Box - Computer Tips for Justice Workers' was provided by Joey Giovarmiello, Access to Justice Network Facilitator, Department of Justice.

The Internet is an excellent tool for justice workers to obtain up-to-date, detailed information, said Mr. Giovanniello. Best .of all, it's all free once you've paid for your Internet connection.

Get a Starting Point - Focus your question as much as possible. Remember, each site you access will probably have links to other relevant information.

-74- Do Searches - Once you get into a site with good information, you can do a keyword search to find the specific information you need.

Don't Get Overwhelmed - If it seems like you have too much information, your search is probably too broad. Step back and take the time to re-focus your topic.

Ask Colleagues - There are lots of great web sites out there. Chances are, the people you work with may know of some that will help you.

Don't Rely Solely on the Net - As great as it is, the Internet does have limitations. Have an alternate plan ready, and use other methods to supplement your research.

Have Fun! - Try accessing fun information, about your hobbies and other interests. Not only is this fun, it will help you become more familiar with the Internet and hone your research skills.

A Good Place to Start - http://www.acjnet.org/ - This is a bilingual site of law and justice directories. It's fully searchable, and contains law and justice information, directories, questions, access to Canadian and provincial law transcripts, Hansard, links to other sites, and more.

T-8 FOCUSING CRIMINAL JUSTICE SYSTEM

Reviewed by: Ruthanne Urquhart Algonquin College, Department ofJournalism

Moderator Judge Mary Hogan, of the Ontario Court of Justice, Toronto, opened by indicating that while the crime rate across Canada is decreasing, the public doesn't know it. The decline is overshadowed by a criminal justice system overloaded with cases it shouldn't be dealing with - cases more suitable to settlement through diversion, mediation or dispute resolution.

Lisa Addario, Acting Executive Co-ordinator, National Associations Active in Criminal Justice, Ottawa, spoke to that issue, saying that community involvement in the criminal justice process is essential if that process is to be streamlined effectively.

The process must be cleared of prejudice, bias and inequalities. Resolution processes other than incarceration, such as conditional sentences and community service orders, must also be 'de- biased', and certain offences must be decriminalized.

The federal justice system is giving responsibility for justice resolution back to the community - but we have yet to delineate which community, or to clearly define "community". Nonetheless, if the community is not on-side, then support for diversion of cases from the court process will slip away.

The criminal justice system can be realigned, but funding is, and will always be, the major roadblock to any realignment. And, as things now stand, the current system is overloaded for the same reason. The many financial burdens on the current system - such as the cost of the legal aid

-75- program and of several hearings within a case that should have been resolved alternatively - make it unwieldy.

Peter Griffiths, Director of Crown Operations, Ministry of the Attorney General of Ontario, Ottawa, said while 91 per cent of charges in Ontario are resolved through guilty pleas or withdrawal, the court system is still overburdened, slow-moving and prohibitively expensive.

Generally, the seriousness of a case and whether or not it gets to court are determined by the Crown prosecutor - but is that a reliable process? Or is it too discretionary?

A mediation session could lead to guilt being established and charges being laid. If all parties agreed, and depending on the severity of the crime, a resolution could be reached without the involvement of the court. So - why not just file? The answer is that lawyers would oppose such a simple method.

Mr. Griffiths said certain charges and sentences within the current system should be reclassified, and charges against a "criminally" insane offender should be decriminalized.

Diversion can be effective, in terms of time and cost, but the network of alternatives to the court process and incarceration must be pre-established to ensure that cases can be diverted to something concrete, not just diverted away from the criminal justice system.

The question was raised as to whether the federal government would redirect to the community any money saved through a realignment of the court system - the community being where most diverted cases would be dealt with. Mr. Griffiths responded that some funds are already being diverted, but the largest portion is going into corrections. Currently, the federal government spends 80 per cent of its available budget on custody, while 20 per cent goes into community alternatives - Minister Allan Rock wants to change that pattern.

The question of whether the diversion process may lead to police massaging charges was answered by Mr. Griffiths, who said that we must ensure that the community has the systems in place to deal with the cases it receives, serious or not.

T-9 TECHNOLOGICAL CHANGE

Reviewed by: Don Fraser Algonquin College, Department of Journalism

A varied and experienced panel discussed the way that rapid technological change has affected the way people and employees communicate with each other, and highlighted concerns about security. Among them were Mr. Brian Marshall, who does global marketing for Newbridge Systems, and Mr. Michael Jonckheere, who has worked both in the microelectronics and security and electronics industry.

-76- Telework, or worlcing at home, has its strengths, but is also subject to exploitation, which was underlined by Ms. Sue Jones, Projects Officer for the Public Service Alliance of Canada. She said it is the wave of the future, and especially affects those whose work can be done by computer or through telecommunications technology. It offers flexible hours of work, no commuting time and more personal control. However, participants often encounter longer hours, tighter deadlines, and health and safety issues like carpal tunnel syndrome. Also, many of these changes are made to reduce corporate overhead, benefits and jobs. Ms. Jones' union's policy is that telework must be voluntary and subject to collective agreement coverage and compliance.

Mr. Marshall discussed the dominant role that telecommunications plays in the business world. With trillions of dollars being transferred every day, security protocol is a huge concern, as it is for an increasingly computerized security industry. Cell phones, for instance, are not secure; advanced security encryption systems have become a huge priority for the business world and the security industry.

Mr. Jonckheere also focused on quality oflife issues. Technology should be made to simplify life and should be honed to what you need it to do. Too often, technological innovation achieves just the opposite. Work-life is made more complex, over-integrated and less manageable. He asked if an integrated correctional security system based in Ottawa would improve things: someone then has to pick up the phone and actually call the correctional site to tell them there is a problem. With the telecommunications high technology explosion organizations and their high technology providers would be wise to always keep these questions in mind: Is it understandable and simple to use? Is it really necessaty? and Will it be acceptable to the people who are going to end up using it?

T-I0 CANADIAN REGIONAL PERSPECTIVES ON CRIME

Reviewed by: Susan Turcotte Algonquin College, Department ofJournalism

In Canada, the fear of crime varies from one community to another.

Ms. Margaret Stanowsld, Executive Director, Operation Springboard, Toronto, introduced Ms. Jane Sprott, who conducted research into the provincial differences in the way people feel about crime. Ms. Sprott conducted a market research to gain empirical data about public support and opposition to community correctional programs for youth and adult offenders. One thousand citizens were surveyed in urban areas and in medium and small rural communities.

Ms. Stanowski said the information will assist the cormnunity correctional sector to design educational and marketing strategies to influence public and policy support for alternatives to incarceration. It may also help steer politicians away from relying on punitive measures to control crime.

Ms. Sprott said Canadians' feelings about crime and fear of victimization are varied and may be related to their degree ofurbanization. She reported that those living in the most populous regions - Ontario, Québec and British Columbia appear to have the highest portion of fearful people; for

-77- 1 [ example, Albertans and Manitobans were more fearful than residents of Saskatchewan. She found that those most fearful were also the most critical of the level of severity of sentencing, the courts and the police.

Based on data collected in the social survey in 1993, and data collected in 1997, Ms. Sprott found that in Ontario, those living in rural areas were less likely to fear being victimized if they went out at night. However, she said this lower level of fear in rural areas did not relate to how people saw the crhninal justice system. Rural people were slightly more likely to think that youth court sentences were not harsh enough. What she found most remarkable in Ontario was that attitudes towards the criminal justice system are fairly uniform across cities and rural areas. People in rural areas hear similar stories, get similar information and gain a similar understanding of the justice system.

Most people, even those who were most afraid and believed crime was increasing, were more likely to prefer conununity punishments and prevention, than spending money on prisons.

There are two basic sets of views about crime and the criminal justice system, abstract and specific. Abstract beliefs about crime and the criminal justice system are not generally based on a careful assessment of the facts. Beliefs are based on individual cases, and judgements are based on facts. It would be a complete misunderstanding of the Canadian public to go in the direction of legislating away people's fear with harsher sentences.

Professor Jean Trépanier of the School of Criminology at the University of Montréal, spoke about the differences in attitudes toward youth sentencing in Québec and the rest of Canada. People in the province felt their laws were sound, but the delays and the need for more parental involvement were of concern. He said the impact of the media's influence should not be underestimated.

Mr. Paul Sonnichsen, Head of Communications and Development at the International Centre for the Prevention of Crime in Montréal, said it is difficult to make sense between what is happening in the justice system and the public perception. Survey results are hard to measure because of the persuasive influence of the media and the power of three-minute sound clips. People's judgements are influenced not only by the media, but also by recent events happening in their own community.

T-11 CONTRIBUTING TO ACCOUNTABILITY AND QUALITY -- THE ROLE OF STANDARDS

Reviewed by: Lori McLeod Carleton University, School of Journalism

For services like health care and education, the government imposes a set of standards that must be followed to ensure people receive a guaranteed quality of service. Currently, there are no corresponding standards which apply to the corrections system in Canada.

"We need a set of standards as a way to measure and judge how good a job we're doing," said Mr. Neil McKerrell, Ontario's Assistant Deputy Minister of Correctional Services. Mr. McKerrell

-78- also said standards will provide protection for corrections workers when something goes wrong and "people start looking for scapegoats."

The United ICingdom implemented standards for the corrections system in 1992. They include stricter time-lines for community service workers to perform risk assessments, and to return probationers to custody if they don't show up for appointments.

"These standards have greatly increased public confidence in the system as an efficient punishment," said Mr. Chris Nuttall, Director of Research and Statistics at the Home Office in the United Kingdom. "It shows people that probation is not a soft option." Mr. Nuttall also said standards have helped corrections workers understand their jobs better.

Mr. Robert Verdeyen, of the American Correctional Association, said he's seen a similar effect in the United States.

"Ninety seven per cent of our staff said that accreditation standards helped them to better understand their jobs," said Mr. Verdeyen. "They have a better grasp of policies and procedures, and the key elements of what, why and how."

Both Mr. Verdeyen and Mr. Nuttall said they are working on enforcement measures to make sure staff comply with the standards. Audience members, many of them probation officers, spoke up to express their concern.

"You want me to meet every one of my clients once a week?" asked one probation officer. "Right now my case load is 134. There aren't even enough hours in the week to make that realistic." Mr. Verdeyen said performance of American corrections workers have improved, despite an average case load of 150 at a time. Mr. Nuttall also said employee performance has improved as a result of standards, but that each British probation officer has a case load which averages only 25.

But despite the challenges, Mr. McKerrell said he believes that standards are the right way to go.

"The question we have to ask ourselves is if any of us would demand less than the best when it comes to security and safety for ourselves and our loved ones. We all know the answer, and I think that will guide us in what we have to do."

T-12 CRIME PREVENTION, CHILDREN AND YOUTH

Reviewed by: Anna Marie Weiler Algonquin College, Department ofJournalism

This workshop focused on preventing crime from infancy to age 18.

Ms. Vera Lagasse, Senior Advisor, National Crime Prevention Council Secretariat, Ottawa, told the audience the cost of not preventing crime. She quoted numbers for monitoring abusive

-79- families, putting children in foster homes or group homes, or incarcerating them (it costs up to $45,000 to keep a person in jail for one year).

Dr. Joan Pennell, Professor, Memorial University and former co-chair, Youth Justice Committee, National Crime Prevention Council, St. John's, Newfoundland, described a model created by the Youth Justice Committee for preventing crime. The model focused on social development of and support systems for youth. Dr. Pennell said the model would "head off crime before it becomes a lifetime career."

The model gives youth clear limits and real opportunities, said Dr. Pennell. This is necessary because some youths feel hopeless about the future, she said.

"Youth only make 10 per cent of our population but commit 22 per cent of all crimes. Youth crime is getting out of hand," she said. There is a "high rate of using custody with youth ... but it is a very expensive way to deal with crime," she added.

Ms. Ann Sherman, former co-Chair, Youth Justice Committee, National Crime Prevention Council, Charlottetown, PET, talked about youth being seen as trouble-makers rather than being troubled themselves.

"Crime prevention is about strengthening and building a community," Ms. Sherman said. She quoted a Winnipeg student who said people who aren't close to their families are the ones who commit crimes; those who are close generally don't commit crimes.

She then described the first phase of a crime-prevention model. The family atmosphere should be healthy so children don't grow up to be delinquents, Ms. Sherman said. Relationships with neighbours, peers and others should also be good.

Second, family cohesion should be promoted, as well as self-esteem. Children should be taught to socialize and not be aggressive.

Third, people should be taught to be more self-directed, she said. They should have a secure and positive self-image and deal with independence and inter-dependence. Youth should be prepared for further education and future jobs, as well as parenting skills.

Promoting healthy families will prevent crime, Ms. Sherman argued, by making youth feel they belong in the community.

This is a long-term conununity effort, she said. It cannot just begin and end. Ms. Sherman said regular funding is needed for community crime-prevention projects for them to succeed.

Mr. Ian McLellan, Principal, North York Board of Education in Toronto, spoke about crime prevention and preventive programs for youth in the public school system.

-80- T-13 SUCCESSFUL CRIME PREVENTION COMPONENTS

For notes from this workshop, please contact participants Ms. Francine Charlebois, Chief, Policy Unit, National Crime Prevention Council, (613) 957-7654; Ms. Joan Fisher, Senior Research Officer, Department of Justice (613) 941-4192; or Ms. Tracy Perry, Research Officer, Department of Justice, (613) 957-7093.

T-14 SENIORS

Reviewed by: Althea Samuels Basudde Algonquin College, Department of Journalism

Moderated by Ms. Adrienne Christie, a Policy Analyst with Solicitor General of Canada, this workshop began with a presentation by Dr. Taylor Alexander, Ph.D., of Alexa Consulting in Ottawa.

Traditionally, the criminal justice system has focused on seniors as victims. But seniors are active participants in the criminal justice system, either as contributors of talent and labour, as victims, and even as offenders, said Dr. Taylor. Dependency sets the stage for elder abuse, he told the group. It is most often committed by family members or care staff. There is a power imbalance which can lead to physical, financial, psychological, medical, systemic (harmful policies), sexual, neglect and civic and human rights abuses.

The abuse can be classified as criminal or non-criminal. A key issue in criminal abuse is isolation. The senior is isolated, or dependent on the abuser, and cannot get to the help he or she needs. Abuse can range from moderate to severe. For example, physical abuse can be anything from pinching to beating.

There are also gender dimensions to elder abuse. Older women are at greater risk and are more likely to get inadequate help than older men. This includes domestic abuse. The National Project on Elder Abuse Prevention conducted a 30-month study to produce a national action plan on elder abuse. They proposed four strategies for dealing with elder abuse: education, empowerment, advocacy and research.

Ms. Colleen Wetmore, a former Senior Policy Analyst for the Solicitor General of Canada, says the elderly are victims of fraud and burglaries, but she said their numbers as victims are small and questions whether the focus should be there. She said policies and programs geared for seniors are based upon negative concepts.

Ms. Wetmore said we have to overcome our tendency to view seniors as victims. They are educated and bright and have a lot to offer. Because they are retired, they have the time to offer their services.

"If we in the criminal justice world continue to limit our view of them to victims' issues, we risk insulting them and we certainly lose the knowledge and experience they have to offer."

-81- Seniors also commit crimes, and the most frequent reasons are boredom and a lack of attention. Shoplifting is their most common crime.

Society tends to link a person to their job. When you stop working, it is similar to losing your identity, she said.

Ms. Wetmore said the criminal justice system needs to think of seniors under the theme, 'creating hope'. If the system involves them more, crime will be reduced and an army of knowledgeable and skilled volunteer workers will be created.

Dr. Larry Motiuk, Director General, Research, Correctional Service of Canada, looked at aging offenders and corrections. He said the bulk of prisoners are in the 'baby boom' age. Older offenders are aging and were jailed when young, as first-time or repeat offenders. He said older offenders are serving time for violent crimes, some came in at an early age. Comparing statistics from 1993 and 1997, there was a growth of nearly 500 older offenders in four years.

The issues faced by aging offenders include health care, fear, adjustment and programming. Most of the programming in the prisons is geared for young, aggressive, poorly-educated people who lack slcills and are not highly motivated. But Dr. Motiuk said the criminal justice system is continuing to endeavour to develop programs to suit the needs of the older offender.

Dr. Marie Beaulieu, a Professor at the University of Québec, looked at abuse of older adults in institutional settings. She said older adults want to be partners in deciding their care and the care of their peers.

Women over 85 who have lost autonomy due to poor health are at greatest risk of abuse, said Dr. Beaulieu. In institutions, few crimes are reported. Some abuse is committed by personnel with no training who don't realize they are abusing. Dr. Beaulieu said we have to raise awareness and lcnowledge of the aging process and break social isolation. "We must work with them rather than for them," she concluded.

T-15 CRIME PREVENTION IN CANADA: HOW TO MAKE IT WORK

Reviewed by: Louisa Coates Communications Branch, Correctional Service of Canada

The goal of this workshop was to look at the background and history of the informal regional networks across Canada that deal with crime prevention, to review the recommendations and initiatives in the field to date, and to focus on community-driven activities with the goal to affect social policy, legislation and reform.

Moderator Ms. Patti Pearcey, Executive Director of the B. C. Coalition for Safer Communities in Vancouver, said the Liberal government promised $30 million for crime prevention over the next five years. Her resource partners at this workshop — Mr. Graham Reddoch, Executive Director of the John Howard Society of Manitoba and Mr. Howard Sapers, member of the Legislative Assembly

-82- in Edmonton — helped direct the 10 or so participants' comments during the lively, informal discussion.

Ms. Pearcey opened with discussion on how to best use the $30 million that has been earmarked for crime prevention. A main topic throughout the discussion was the need for all levels of government as well as the conununity to be involved, but that this is difficult to coordinate. How should the Liberal govenunent proceed to use this money? How can federal money be tied to the local level?

Several participants said the federal "Partners in Crime" agency does not understand many of the local level initiatives, and so doesn't fund them. What is needed is a regional and national network of crime prevention organizations that will decide on the allocation of federal funds and share crime prevention information.

One federal employee from PEI told the group she wants to know how federal corrections can become involved at the local level. "We are trying to form links with community agencies", she said. Local people need to decide where the money should go: should it be a battered women's centre, a detox centre? If you look at what causes crime — poverty, stress, a lack of property — it makes sense that these are areas that need to be addressed first.

A Saskatchewan social worker agreed. He said Aboriginals are over-represented in federal penitentiaries and force him to look at providing essentials to clients, such as food and shelter, before delivering a crime prevention program.

Another western participant said crime prevention should be included as a prime responsibility of the federal government. The govenunent should put in place programs such as school visits that tell students about parole workers' jobs, drug abuse, sexual abuse and other social realities. We need to get politicians elected who understand the local community and are committed to working on these problems, said another.

Research has been done showing facts on crime prevention and these should be presented to the community, said Moderator Pearcey. Mr. Reddoch agreed, saying crime prevention malces economic sense.

A woman from a federal penitentiary in the Atlantic Region said finding volunteers to come into the prison is difficult. And working with soon-to-be released offenders is important.

Volunteers are useful, but we need an infrastructure, said another. How do we build one? We set up a regional infrastructure to better exchange information, and we train mayors and municipalities to better understand their local population, such as the gangs, youth and other groups targeted as trouble makers.

Crime prevention cannot be the responsibility ofjust the federal government, it is not simply a justice issue, said several participants. It is a practical issue that needs to address concerns such as housing, anger management, health and education.

-83- All agreed that the government's approach to date has been top down. There is a need to bring non-government groups together and to devise a structural method for communities' input. Communities need to identify key issues and an evaluation framework needs to be established that will enable crime prevention workers — in some kind of regional network — to judge the priority of needs across the country.

The question was asked, if you don't want the funds to be given to the provincial and territorial governments nor to 'Partners in Crime', where do you want them to go? Do we want to see pilot project money? No, not long-term, was the group's response. We need an assessment of need, said one. The Horner Report is worth reviewing, said another.

An assessment of needs is vital, and with it we can come up with a price tag for the work to be done, to give the $30 million meaning. There has been no decision by the National Crime Prevention Council on where this money is going. All agreed a list and assessment of needs must be presented to government so this money can be properly allocated. And a final participant suggested we consult with programs at the Dufferin Mall in metropolitan Toronto, that have succeeded and seen a decrease in the teen pregnancy rate, an increase in employment, and more.

For fiirther information on this workshop, please contact Ms. Patti Pearcey, Executive Director, B.C. Coalition for Safer Communities, Vancouver, (604) 669-2986.

-84- Report on Congress '97 Special Workshops and Closing Plenaries FRIDAY SEPTEMBER 19, 1997

YOUTH CONFERENCE: "CHALLENGING FEAR, CREATING HOPE"

Reviewed by: Nadine Bourcier Carleton University, Department of Criminology & Criminal Justice

On Friday, September 1 e, the Crime Prevention Council of Ottawa, the Ottawa Board of Education and the Ottawa Roman Catholic Separate Board of Education, together with the support of the Canadian Criminal Justice Association, held a student conference on 'Law and Justice' at Ottawa City Hall. The theme ofthis conference was "Challenging Fear, Promoting Healing, Creating Hope" and brought together interrnediate and high school students and their teachers with CCJA members to discuss and promote criminal justice issues.

During the morning sessions, the 30 schools and 220 students heard keynote speakers and participated in small group discussions on criminal justice issues of concern and interest to them and their school and community.

City Hall's meeting room was filled to capacity with students, teachers, principals, participating members of the CCJA, and journalists and cameramen.

Lorraine Berzins, Church Council on Justice and Corrections, shared her personal experience as the victim of a hostage taldng 27 years ago when she was 26. At the time, she was a social worker in a men's penitentiary and was taken at knife-point by an inmate who was intent on escaping custody and travelling to Toronto.

Ms. Berzins' description of the events which unfolded during the numerous hours before the inrnate finally surrendered focused on the fear experienced by both herself and the offender as a result of their individual and very different perceptions of the situation.

Ms. Berzins explained how she was able to overcome her fear and remind herself that the person who had imposed this situation on her was a human being with feelings she shared herself. She described the fear and confusion which her abductor experienced throughout the ordeal, and how her concern for his emotions and feelings influenced the tone of her pleas to the police during the negotiations which took place.

Ms. Berzins also described the frustration and disappointment she experienced upon realizing that the police blamed her for what they felt was an excessively and unnecessarily long period of negotiation, despite its positive outcome.

It was with great pride that Lorraine Berzins explained to her audience that a member of the FBI's Hostage-Talcing Unit, five years after the incident, acknowledged the support she was able to give her abductor during the hostage-taking and agreed that this likely influenced the positive end result.

-85- Ms. Berzins ended her speech by encouraging her audience to do the same: overcome fear by sharing our feelings with others, find out what motivates behaviour, and decide what changes we can make in our daily lives to improve the community.

Dave MacKenzie, a federal offender, introduced himself as a "lifer" who, at 27 years of age, received a life sentence after being found guilty of second degree murder. After serving the custodial part of his sentence, he was released and has since continued to serve his sentence in the community.

Mr. MacKenzie gave a history of his childhood and the abuse he suffered at the hands of his father, the eventual victim of his crime. He described a childhood filled with feelings of low self- esteem and substance abuse, and his disbelief after having killed his father and finding himself in prison.

Mr. MacKenzie explained that he looks at parole as an opportunity to contribute to society in a positive way by conveying to others how reacting out of fear can result in a negative outcome. "Crime is controllable" he said, and encouraged the young audience to look at him as an example that "anything is possible".

Moe Parsons, another "lifer" is currently serving the community part of a life sentence he received at age 36. He too described the difficulties he experienced during his childhood, his decision to quit school at an early age and the escalation of his crimes, which began when he was 12 years old.

Unlike Mr. MacKenzie, Mr. Parsons' speech focused on his negative experiences and perceptions of the prison system which, in his words, "does nothing to help anything". He spoke about the constant fear of being assaulted or transferred, the anger when he thought that he would never get out ofjail, and the difficulties of life on parole.

On a lighter note, Mr. Parsons explained how, despite some of his negative perceptions, he finally came to understand that he had made some negative choices in his life, not the least of which was quitting school. He expressed his desire to encourage children "not to get into trouble with the law" and not to associate with criminals or other negative peers.

In keeping with the theme, the panel of speakers for this second half of the morning focused on the promotion of activities which help others overcome their fear.

Justice James Chadwick, Regional Senior Justice, Ontario Court, discussed alternative measures of dispute resolution which are currently used in the Ottawa region. He gave a historical description of how our justice system evolved and the recent developments in this system which have resulted in dramatic change and the evolution of alternative measures.

Justice Chadwick outlined the procedures involved in conflict resolution which aims to find a resolution by consensus instead of 'winning' over one's 'opponent'. According to him, the end result is a higher level of satisfaction for each party, since the interests of both parties have been taken into account.

-86- Justice Chadwick admitted the Criminal Code is not flexible enough to allow wide use of conflict resolution but explained that diversion programs are being used for minor matters. In such instances, an opportunity is provided for both the offender and the victim to find a solution to the problem without going through the court system.

Justice Chadwick ended his speech by encouraging students to promote, support and become involved in dispute resolution initiatives. When one resorts to the courts, a hardline position is often adopted which results in bitterness, he said. Dispute resolution's non-adversarial approach, on the other hand, promotes friendly negotiation between parties and results in a more positive outcome.

Claude Turgeon of the Ottawa Carleton Regional Police Services explained that he created a sports program for children living in underprivileged areas of Ottawa because he wanted to build trust between children and the police.

Louise Logue of the Ottawa Provincial Police, described the types of interventions she uses when dealing with young offenders. She listed some of the alternatives to processing youth through the criminal justice system, including referrals to the Robert Smart Centre, Community Centres, the Youth Bureau, Youth Centre and getting children involved in volunteer work.

Ms. Logue said procession through the criminal justice system is resorted to only when other solutions have been tried.

-87- SUNDAY SEPTEMBER 21, 1997

OPENING PLENARY PART I "CHALLENGING FEAR, CREATING HOPE"

Guest Speaker: Susan Aglukark Honorary Chairperson for Congress '97

Reviewed by: Lori McLeod Carleton University, School of Journalism

"Fires burn in silence Hearts in anger bleed The wind of change is turning For the ones who truly need To see the walls come tumbling down" 0 Sien;

Susan Aglukark

Award-winning Inuk pop star Susan Aglukark captivated her audience, not with a song, but a speech drawing on her experience as a survivor of sexual abuse.

Growing up in Arviat, a remote Inuk community in the Northwest Territories, Ms. Aglukark said she was one of many women and children who were victims of violence. She said she's concerned about the movement to settle cases like hers through alternative measures like circle sentencing. In the circle, community members, the victim, offender and their families discuss the offence. If the offender is found guilty, the group agrees on an appropriate sentence, often with the help of justice professionals.

"In corrununity issues like vandalism and other property offences, this approach clearly makes sense," said Ms. Aglukark. "But we need to think much more deeply about.., crimes like wife and sexual assault, that involve violence against others."

Ms. Aglukark said she was worried that many victims were forced to participate in the circles, and didn't want to speak up out of fear. She said their involvement is often misconstrued as forgiveness, and afterwards many are forced to live in close proximity to offenders who continue the abuse.

-88- Ms. Aglukark said it's ironic that traditional perceptions of why circles should work in Native conununities may in fact be what causes them to fail. "Restorative justice assumes participants share the same values," she said. "We must examine this carefully, because our communities are not homogenous."

In such close-knit communities, Ms. Aglukark also said there is pressure on circle participants not to convict friends or cause families to suffer by sending their members to jail.

Ms. Aglukark took her own case to court, but says this doesn't make her a proponent of the "law and order agenda." She said she just wants to make sure that justice is not being achieved for some people at the expense of others.

Jennifer Hopkins, 18, of Immaculata High School in Ottawa, was one of 15 students invited to participate in the Congress. "Before this we talked about sentencing circles, but only in the context of our ovvn communities," said Ms. Hopkins. "This talk made me understand that Northern communities run differently, and we have to take that into account."

After lyrics from her hit song, 0 Siem, were read aloud and Inuk Elder Sophie McRae lit a ceremonial oil lamp, Ms. Aglukark stood at the podium with tears in her eyes. "I didn't expect to get emotional," she said. "You just get caught up in the music industry, the glamour...and hearing my lyrics in this context, in front of such high calibre, people makes me realize again why I wrote them in the first place."

OPENING PLENARY PART II PUTTING A FACE ON THE FEAR OF CRIME

Speakers: Lorraine Berzins and Rick Prashaw Church Council on Justice and Corrections

* This session not covered by reporters.

INTER-FAITH RALLY ON RESTORATIVE JUSTICE CANADIAN MUSEUM OF CIVILIZATION

Reviewed by: Sonali Bhojwani Carleton University, Department of Criminology & Criminal Justice

On September 21 the Inter-Faith Committee on Chaplaincy in the Correctional Service of Canada held a restorative justice rally in order to promote alternative methods for 'Satisfying Justice'.

-89- The rally, which included a combination of faith music and various speakers, was attended by numerous religious groups ranging from faiths as varied as Jewish, Aboriginal and Sikh.

Master of ceremonies Reverend Dr. Pierre Allard spoke of the ways in which crime affects us all and said it brings with it both fear and despair. This can either paralyse us or can be channelled, with the help of our faith, to deal with the negative psychological effects of victimization, and bring hope back into our lives. He said that each of the speakers would share a story — of a sacred nature or the experiences that have changed their lives forever - and have a moral to teach.

Linda Zaluska, a well-respected Native Elder, spends her time visiting prisoners in the Ottawa Carleton Detention Centre and the Prison for Women in Kingston. Ms. Zaluska began the rally with a traditional Native ceremony and told a story of how people lose out on life not because of what they have to live without, rather because of what they lack within. She said that before you demand change from others you should change yourself and 'create a better you'.

Jabil Abdulle, Coordinator of the Ottawa Coalition for Conflict Resolution, advocates the use of non-adversarial dispute resolution. A committed Muslim, he has tried developing an alternate means of resolution in his work with low income ethnic families. He spoke of his experience in such communities and the lessons he has learned. He described initial problems and the eventual success of the program. He said communities can have an impact if they band together and resolve conflicts. His conversations with victims of crime and criminal justice officials has shown a dissatisfaction with the outcome of the justice process. He believes in offenders meeting with victims and that, "the best solution lies in the corrununity".

Mr. Abdulle's speech was followed by prayers by three groups. Gabrielle Ajimati from St. George's Anglican Church conducted a Haitian prayer, Bhai Subodh Singh, a priest of Ottawa Sikh Gurdwara, sang the Lord's Abode, and Rabbi Michael Wollff conducted a Jewish prayer.

The sombre mood then became lighter with songs performed by Serge Gagnon, an ex- offender from Sherbrooke, Quebec, who humorously named his rock group 'Escape'.

The last speaker was Wilma Derksen whose life was changed forever after the murder of her daughter Candace. Although the murderer was never found, Mrs. Derksen found peace through forgiving. She spoke of her initial pain and anger, and of meeting 10 inmates who told her about their experiences. She witnessed each of the inmate's show fear and anguish and, through this experience, came to understand that these were people just like herself, who would have to live with an event that changed the life of their victims and their families forever. It was with this knowledge that she could move on, never to forget, but to try to forgive. Mrs. Derksen was the last speaker and her speech seemed to offer a realistic path to healing.

-90- MONDAY SEPTEMBER 22, 1997

PLENARY "FACING THE FACTS"

Guest speaker: Rick Beattie Canadian Centre for Justice Statistics, Ottawa

A copy of this presentation may be obtained by contacting Mr. Rick Beattie at (613) 951-8941, or by email at [email protected].

SENIORS' NIGHT "CHALLENGING FEAR, CREATING HOPE"

Reviewed by: Abbie Gainforth Algonquin College, Department of Journalism

At a special seminar for seniors, held September 22', five guest speakers outlined precautions seniors can take to protect themselves from becoming victims of crime.

Ontario Provincial Police Staff Sergeant Barry Elliott from North Bay, said that telemarketing fraud is one of the cruelest crimes he's dealt with in his 22 years on the force. An example of this kind of fraud is someone calling to say you've won a lot of money and to send money in order to receive those winnings.

S/Sgt. Elliott is involved in a project called Phonebusters, a police task force to combat this problem. He said that seniors are not the only victims of telemarketing fraud, but most of those in their database who lose over $5,000 are over 60. S/Sgt. Elliott said that criminals are looldng for "that lonely senior, a widower...who has a lot of disposable cash and they're going to take them for their whole life's savings."

He said the key thing to remember is that "if you've won something, it doesn't cost you anything to get it." For more information about Phonebusters, call 1-888-495-8501.

Constable Mike McMurchy from the Ottawa-Carleton police, said that seniors who live alone should also be careful when answering the telephone, to avoid giving the impression that they are alone. Cst. McMurchy said that instead of the standard `Hello?', answer with, 'Just a minute, I'll get it!' and then a moment later, 'Hello?' "This way, if a would-be crook is going to break into your

-91- house, he'll think 'Oh, there are two there instead of one'. When he sees you walk out your front door, he'll think 'Where is the other one?, he hasn't left yet'," he said. Cst. McMurchy also stressed using 'we' and not 'I' on the answering machine.

Dave McKenzie is an ex-offender and program co-ordinator for the Genesis Lifer's group which arranges for some ex-offenders serving life sentences to work in the community. He said that a buddy service should be created for seniors which would escort them to and from their residence to make them feel safer while doing daily errands. Mr. McKenzie said those providing the service would have to undergo a security check.

Moe Parsons, another ex-offender from Genesis Lifer's group, said seniors should always be accompanied by someone, friends or family - when they go out.

Derek Starbuck, a retired police officer, offered his personal experience as a victim of crime. He was driving in Ottawa last September when he was rear-ended by a motorist. Both vehicles stopped. The motorist became enraged, got out of his car, and attacked him.

Cst. McMurchy said that the best advice in a situation like Mr. Starbuck's is to remain inside the vehicle until help arrives.

The seminar was followed by questions from the audience. About 50 seniors attended the event which was hosted by T.V. and radio personality Bill Luxton. Entertainment was provided by Dominic D'Arcy, an Ottawa-Carleton police officer and talented singer and musician. The seminar was recorded by Rogers 22 community television station.

-92- TUESDAY SEPTEMBER 23, 1997

PLENARY "CREATING HOPE"

Keynote Address: Reverend Pierre Allard

Reviewed by: Lori McLeod Carleton University, School ofJournalism

Most people have never seen the inside of a Canadian prison. At one time, Pierre Allard was no different. In 1972, Rev. Allard's first day as Chaplain at Archambault maximum security prison was also his first day in a jail. When it was time to go home, he said all he wanted to do was quit.

But Rev. Allard kept going. Twenty five years later, he's the Director General of the Chaplaincy Branch of Correctional Service Canada. He devotes much of his time promoting restorative justice, or the treatment of prisoners with "caring, compassion and love."

He said he didn't always feel this way. In 1976, Rev. Allard was nearly choked to death by an inmate. Five years later, one of his brothers was brutally murdered in a bar in Quebec.

"There is a fear that paralyses and a fear that mobilizes," he said. "After my brother's death, I made the decision that I didn't want to grieve like a person who had no hope." Rev. Allard said his refusal to give in to fear allowed him to help men like the ones who had victimized him.

"We're most afraid of these people because they mirror the worst demons we could ever find in ourselves," he said. "But this is no reason for us to have to live in prisons of fear far worse than anything made of cement and bars."

Rev. Allard said he remembers asking for volunteers from his church to work with ex- offenders. He said a number of women started sending cookies for their meetings, but no one showed up to volunteer. "Next time, why don't you bring the cookies in person?" he asked.

That Saturday, a nervous huddle of bakers approached the drop-in centre. "When they came in, all the men started to applaud. "The clapping wasn't really for their cooldes, it was for their caring," said Rev. Allard. "When the ladies saw the cookie monsters and they weren't monsters after all, we got our volunteers."

During his speech, Rev. Allard lit a plain white candle. He said a woman from East Germany brought it to him after the collapse of the Berlin Wall. "This may look like nothing to you, but it's

-93- everything to me," said Rev. Allard. "They raised these c andles and walked together with a vision of better things."

"We all know what happened next. The walls crumbled."

CLOSING PLENARY RESTORATIVE JUSTICE: AN AVENUE FOR HOPE

Reviewed by: Krista Rooney Carleton University, Department of Criminology & Criminal Justice

Congress '97 had a closing plenary and a combination of guest lecturers and small interactive workshops. The small discussions led by individual groups were based on several of the topics brought up at the plenary. The overall theme of the finale was the investigation into the Restorative Justice Approach and the promising initiatives that define the future of criminal justice.

Guest lecturer Daniel Van Ness, Senior Fellow, Prison Fellowship, Reston, Virginia, presented his paper, "Principles - Foundations - Underpinnings Critical to Restorative Justice", which concentrated on the principles needed for a positive response to restorative justice. The three main beliefs Mr. Van Ness encouraged were principles, values and vision.

The first principle was the need for a new foundation. Mr. Van Ness said a solid foundation is emerging from a new understanding of crime and stressed that "justice" requires us all to work to heal the offenders, the victims and the community. The dominant feature of this principle was the need for everyone to get involved.

He said that for any system to work we need to concentrate on our values when dealing with encounters between parties, reparation and the reintegration of the offender back into the community.

A powerful presentation led by Ruth Morris, Educational Director, Ritten House in Toronto, left the delegates with much to think about. While changing the pattern from revenge to healing is a good idea, it isn't enough, she said. The real criminal class is the corporate world, not the weak and poor, she suggested, and we should focus on the wealthy and powerful if we want to achieve real justice.

Ms. Morris doesn't feel restorative justice offers enough to the system. Restorative justice aims to resolve the past, but she felt this is neither possible nor a good idea. "We have an opportunity to use this challenge to create something better than the past", she said.

Since $20 billion is spent annually on dangerous workplace compensation and 10,000 Canadians contract numerous occupational diseases each year, the corporate and wealthy need to take responsibility for their criminal actions. If we are intent on blaming the victims, the poor and the hungry, we will never find a viable solution.

-94- The third and final presenter, Ms. Lorraine Berzins, Church Council on Justice and Corrections, encouraged listeners to contemplate ways to create positive tools and services that are in the best interest of the victims so they will not be fiirther marginalized.

Ms. Berzins said she sees justice as an active and peaceful co-ordination between communities, victims and offenders. For justice to be complete, not only must the offender take full responsibility for his/her actions, but the victim must also be given a sense of power through healing and recovery. Only then will justice have come full circle.

-95-