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REPORT OF THE CANADIAN DELEGATION TO THE FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS

HELD IN GENEVA, SWITZERLAND 1-12 SEPTEMBER 1975

(in three volumes)

THE HONOURABLE WARREN ALLMAND SOLICITOR GENERAL OF CANADA HEAD OF THE DELEGATION

HV b010 VOLUME I U54C 5th/1975 V.1

H V C77 - 4 OM 11 52Ft. RE=I 5 fq Z FEB 171981

REPORT OF THE CANADIAN DELEGATION TO THE FIFTH UNITED NATIONS CONGRESS ON THE P-REVENTION OF CRIME AND THE TREATMENT OF OFFENDERS(5 i""5 ' G'°°)

HELD IN GENEVA, SWITZERLAND 1-12 SEPTEMBER 1975

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The recommendations contained in this Report reflect the consensus of the Canadian Delegation to the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. They do not necessarily represent the views of the Solicitor General of Canada, nor do they represent any policy commitment on the part of the Government of Canada.

14 41 0 % L ABSTRACT

CHAPTER I The Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders was to have been held in Toronto, from 1-12 September 1975, with Canada as the official host. On 19 July 1975, Canada sought a postponement but the United Nations Committee on Conferences decided to hold the Congress in Geneva, Switzerland, on the dates already scheduled. In preparation for the Congress a National Advisory Committee was convened in January 1973, composed of Federal, Provincial and Non-governmental representatives who took the first steps in the planning of the Canadian Delegation. A Canadian Participation staff was assembled and general criteria for the composition and activity of the Canadian Dele- gation were developed.

CHAPTER II A Delegation of fifty-four members was appointed in December 1974, and was representative of all the provinces and territories (twenty-four), non-governmental organizations, including the Canadian Association of Chiefs of Police, the Canadian Bar Association and the Canadian Criminology and Corrections Association (fourteen), Parliamentarians (six) and Federal Public Servants (ten). The Honourable Warren Allmand, Solicitor General of Canada, was Head of the Delegation, and the Provincial Secretary for Justice of Ontario and the Minister of Justice for Quebec were Deputy Heads. The Congress took place in Geneva on September 1-12, 1975. The Solicitor General of Canada headed a reduced Dele- gation, which numbered fourteen. Mr. Gilles Marceau, Parliamentary Assistant to the Minister of Justice, was Deputy Head of the Delegation. Three members of the Delega- tion were nominated by provinces (British Columbia, Manitoba and Quebec). Three other members of the Delegation were nominated by non-governmental organizations. The remainder were Federal Public Servants.

CHAPTER III Canadian observers attended Regional Preparatory Meet- ings held in Tokyo, Copenhagen, Brasilia, Cairo and Lusaka, as well as all meetings of the UN Committee on Crime Preven- tion and Control. Canadian staff participated in three workshops conducted by the United Nations Secretariat, in its development of its own working papers for the Congress. Five Canadian experts were commissioned by the Canadian Par- ticipation Unit to prepare background papers on each of the five Congress agenda items. The original Delegation held two preparatory meetings-- the first in Ottawa, February 26-28, 1975, and the second in Toronto, June 8-11, 1975. Subsequently, ad hoc interdepartmental committees were established to review draft position statements which were approved by Cabinet. Local seminars were proposed to be held across the country, but successful seminars took place only in Winnipeg and Toronto.

CHAPTER IV In Geneva, the Delegation was organized in teams to deal with specific agenda items and met daily, meeting on alternate days with all other Canadians attending the Con- gress. The preparatory meetings and other preparatory activity resulted in the Delegation arriving well prepared and united. iii

Most of the delegates travelled to Geneva together and were housed in the Intercontinental Hotel, located near the Palais des Nations, the Congress site. Office facilities were provided at the Canadian Mission. Canada's permanent representative in Geneva received the members of the Delegation in his home on the 2nd of September, and on the 10th of September the Solicitor Gen- eral gave a reception for all Canadians present at the Con- gress, plus a number of foreign dignitaries. Of the one hundred and thirty-eight Member States of the United Nations, one hundred and one sent representatives to the Congress. Madam Inkeri Anttila, Minister of Justice for Finland, was elected President. Mr. Frank Miller of Canada was elected an Honorary Vice-President. Mrs. Helvi Sipila, Assistant Secretary-General of the UN, represented the Secretary-General and Dr. Gerhard Mueller was Executive Secretary of the Congress. Although the change of venue was referred to in the course of the proceedings of the opening ceremonies, no country issued any condemnation of Canada for our actions during the initial session. Libya and Syria commented crit- ically on the matter at the closing ceremony. The Canadian delegates had a number of infOrmal meetings with other delegations on subjects including international exchange of parolees, extradition, the prevention of torture, etc. After the opening plenary session, the Congress proceedings were conducted in five different sections, two sections running simultaneously. iv

CHAPTER V Section I dealt with Changes in Forms and Dimensions of Criminality--Transnational and National, under nine topics as follows: Crime as business at the national and transnational levels; organized crime, white- collar crime and corruption. Offences involving works of art and other cultural property. Criminality associated with alcohol and drug abuse. Interpersonal violence.

Violence of transnational and internationally comparative significance. Criminality related to motorized traffic. Criminality associated with migration and flight from naturca disaster and hostilities. Female criminality.

Forecasts of crime and crime control problems. In this Section, Canada made interventions on the subjects of white-collar crime, extradition, criminality related to motorized t.raffic and female criminality. Gener- ally speaking, Canada was able to support or concur in the conclusions reached in this Section. Of particular note was Canadian urging of improved extradition procedures, both on the bilateral and multilateral level, and that such extradition procedures should include drug offences.

CHAPTER VI Section II dealt with Criminal Legislation, Judicial Procedures and Other Forms of Social Control in the Preven- tion of Crime, under five topics as follows: The crisis in the penal system. The nature and cause of the problems faced by various countries. The role of criminal law in crime prevention. Short- and medium-term reforms of the penal code.

Reforms of criminal procedure to ease congestion in the courts.

Non-legal aspects of crime prevention. The UN official working document made numerous references to the work of the Law Reform Commission of Canada on sentencing and diversion and was, to a great extent, based largely on Canadian ideas in these areas. Two Canadians, Mr. John Hogarth and Mr. John Ekstedt, spoke in this Section as consultants. Canada also made an intervention on diversion, with special reference to the practical aspects of this approach. Difficulty arose in this Section because the delegates felt the Rapporteur's report reflected simply his personal views.

CHAPTER VII

Section III dealt with Emerging Roles of the Police and Other Law Enforcement Agencies, with Special Reference to Changing Expectations and Minimum Standards of Performance, under ten topics as follows:

Police professionalism and accountability. Police recruitment and training. Police response to changing forms of criminality. Police/community relations. Private security organisations. vi

Police involvement in the formulation of legislation. International police co-operation.

The present and future role of the police. International code of police ethics. Torture. Canadian interventions were made on the subjects of extradition and police ethics. It is felt that these are two vital areas that will require further action if Canadian initiatives at the Congress are not to be lost. Two Canadians, Mr. John Hogarth and Inspector Robert Stewart, spoke in this Section as consultants.

CHAPTER VIII Section IV dealt with The Treatment of Offenders in Cus- tody or in the Community with Special Reference to the Imple- mentation of the Standard Minimum Rules for the Treatment of Prisoners Adopted by the United Nations, under four topics as follows: Alternatives to imprisonment. Factors in correctional reform.

The Standard Minimum Rules in the climate of change.

Protection of a// detainees against torture and other inhuman treatment. Canadian interventions were made on the subject of reciprocal transfer of parole supervision, Standard Minimum Rules and the elimination of torture. Canada appears to have established herself as a leader in the area of diversion programming. A major advancement was in the identification of the number of countries interested in reciprocal exchange of foreign nationals under sentence. vi i

CHAPTER IX

Section V dealt with The Economic and Social Conse- quences of Crime--New Challenge for Research and Planning, under three headings as follows:

The identification of some of the major economic and social consequences of crime and of policies for crime control. Assessment of the costs of crime, including policies for crime control, with the implications drawn for research. Planning to minimize and redistribute the costs of crime. Canada made one intervention on this subject but, in so doing, touched upon a majority of the points raised in the United Nations Report. Canada also indicated our four areas of priority in research, namely violent crime--the dangerous offender and victims, diversion, community attitudes towards the criminal justice system and the selection and training of correctional staff. The Section developed a number of recommendations for research and planning which are listed.

CHAPTER X Approximately sixty-five Canadians attended the Congress in capacities other than as official delegates. Six members and two consultants of the original Canadian Delegation registered as individual participants. Three Canadians were representatives of international non-governmental organizations in consultative status with the United Nations. The official program of the Congress included a series of five lectures by internationally known experts, included Mr. W.T. McGrath, who addressed the Congress on the subject "Develop- ing a Stable Base for Criminal Justice Planning". Three Canadians filled roles as consultants and panelists. There were several small group meetings sponsored by viii international governmental organizations in which Canadians participated as organizers or panelists. Inspector James Currie of the Royal Canadian Mounted Police had been seconded by Canada to the United Nations Secretariat, for a period of two years, to assist in the preparation for the Congress. At the time of the Congress, Inspector Currie served as a representative of the Crime Prevention and Criminal Justice Section of the Secretariat. Nineteen Canadians assisted the UN Conference Services staff.

CHAPTER XI In general, the Delegation was satisfied that Canadian interests were advanced during the course of the Congress. The Delegation entered into no firm commitment since this was neither required nor expected of a Congress of this nature. Nevertheless, there was international agreement on a variety of subjects in which Canada was . interested. These included such areas as extradition, international exchange of parole supervision and international code of police ethics and in the prohibition of torture. There were many references to Canadian advances in criminology and, in particular, the reports of our Federal Law Reform Commission. The Congress meets only once every five years. Consequently, progress is slow, and detailed agreement on many special issues was virtually impossible to achieve. Conference conclusions are, therefore, expressed in very general terms.

CHAPTER XII At a post-Congress meeting in Ottawa on December 8, 1975, the Canadian Delegation reviewed all the topics on which Canadian positions had been prepared, and made recommendations for on-going action. Stress was laid on the ix following subjects: Elimination of Torture Extradition International Code of Police Ethics Reciprocal Enforcement of Parole Supervision United Nations Standard Minimum Rules Aboriginal Offenders Female Offender Use of Drugs Role of the Police White-Collar Crime The Delegation notes that in some areas, further action is already underway. A Declaration on torture has been made by the United Nations General Assembly, and Canada's representative on the Commission of Human Rights has been requested to follow up on Canada's initiatives on this subject at the meeting of the Commission in February of 1976. In respect of the reciprocal exchange of parole supervision, informal discussions are planned with officials of the United States, Council of Europe and other countries who re- sponded to our initiative in Geneva. TABLE OF CONTENTS

Chapter page I Introduction and Initial Planning 1 II Organization of the Delegation 7 The Original Delegation 7 The Geneva Delegation 9 III Preparation for the Congress 11 Preparatory Papers 11 Preparatory Meetings 12 Preparation of Positions 14 Local Seminars 16 IV Participation in the Congress and Congress Pro- ceedings 19 Organization of the Delegation for Work in Geneva 19 Travel, Finance and Accommodation 26 Office Arrangements 27 Social Events 27 Congress Proceedings 28 V Report of Section I: Changes in Forms and Dimensions of Criminality--Transnational and National 31 Summary of Discussions 31 Item 1 --Crime as Business: Organized Crime, White-Collar Crime, Corruption 33 Item 2 -- Offences Involving Works of Art and Other Cultural Property 34 Item 3-- Criminality Associated with Alcohol and Drug Abuse 35 Item 4-- Interpersonal Violence 37 Item 5-- Violence of Transnational and Com- parative International Significance 37 Item 6 -- Criminality Related to Motorized Traffic 39 Item 7 --Criminality Associated with Migra- tion and Flights from Natural Disasters and Hostilities 39 Item 8 --Female Criminality 40 Item 9 -- Forecasting of Crime and Crime Control Problems 41 Canadian Contribution 42 Section Co-Ordinator's Report 44 Conclusions and Recommendations 46 Intervention, Mr. G. Marceau, M.P.-- Extradition 48 xi

Chapter page Intervention, Mr. G. Marceau, M.P.-- Criminality Related to Motorized Traffic 50 Intervention, Mrs. D. Betz --Female Offender 52 Intervention, Mr. G. Marceau, M.P. -- "White-Collar" Crime 54 VI Report of Section II: Criminal Legislation, Judicial Procedures and Other Forms of Social Control in the Prevention of Crime 58 Summary of Discussions 58 Item 1 -- The Crisis in the Penal System: the Nature and Cause of the Problems Faced by Various Countries 59 Item 2 -- The Role of Criminal Law in Crime Prevention 60 Item 3 --Short and Medium-Term Reforms of the Penal Code 61 Item 4 --Reforms of Criminal Procedure to Ease Congestion in the Courts 61 Item 5 --Non-Legal Aspects of Crime Pre- vention 63 Canadian Contribution 64 Section Co-Ordinator's Comments 65 Conclusions and Recommendations 66 Intervention, The Honourable W. Allmand -- Diversion 66 Intervention, Mr. G. Marceau, M.P.-- Alternatives to Imprisonment and Factors in Correctional Problems 69 VII Report of Section III: The Emerging Roles of the Police and Other Law Enforcement Agencies, with Special Reference to Changing Expecta- tions and Minimum Standards of Performance 72 Summary of Discussions 72 Item 1 --Police Professionalism and Accountability 73 Item 2 --Police Recruitment and Training 74 Item 3 --Police Responses to Changing Forms of Criminality 75 Item 4 --Police/Community Relations 76 Item 5 --Private Security Organizations 77 Item 6 --Police Involvement in the Formu- lation of Legislation 78 Item 7 --International Police Co-operation 79 Item 8 -- The Present and Future Role of the Police 79 Item 9 --International Code of Police Ethics 80 xii

Chapter page Canadian Contribution 81 Section Co-Ordinator's Report 82 Conclusions and Recommendations 90 Intervention, Assistant Commissioner W.G. Pritchett -- Extradition 91 Intervention, Assistant Commissioner W.G. Pritchett -- Police Code of Ethics 92 VIII Report of Section IV: The Treatment of Offenders in Custody or in the Community, with Special Reference to the Implementation of the Standard Minimum Rules for the Treat- ment of Prisoners Adopted by the United Nations 95 Summary of Discussions 95 Item 1 --Alternatives to Imprisonment 96 Item 2 --Factors in Correctional Reform 99 Item 3 --The Standard Minimum Rules for the Treatment of Prisoners in the Climate of Change 101 Item 4 --Protection of (2// Detainees Against Torture and Other Inhuman Treatment 104 Canadian Contribution 105 Section Co-Ordinator's Report 107 Conclusions and Recommendations 110 Intervention, Mr. W. Outerbridge --The Reciprocal Transfer of Parole Supervision 111 Intervention, The Honourable J.R. Boyce-- Standard Minimum Rules 115 Intervention, Mr. G. Marceau, M.P.-- Elimination of Torture 116 IX Report of Section V: Economic and Social Con- sequences of Crime--New Challenges for Research and Planning 121 Summary of Discussions 121 Item 1 -- Some Major Economic and Social Consequences of Crime and of Policies for Crime Control 123 Item 2 --Assessing the Costs of Crime 125 Item 3 --Planning to Minimize and Redis- tribute the Costs of Crime 128 Canadian Contribution 132 Section Co-Ordinator's Report 133 Conclusions and Recommendations 146 Intervention, Judge I. Dubienski-- Criminal Statistics and Research on an International Level 150 xiii

Chapter page X Further Canadian Contributions and Participation in Ancillary Meetings 154 XI Conclusions and Evaluation 159 XII Recommendations for Action 164 Elimination of Torture 164 Extradition 166 International Code of Police Ethics 167 International Method of Communication 167 Reciprocal Enforcement of Parole Supervision 168 United Nations' Standard Minimum Rules 169 . Aboriginal Peoples 170 Continuing Role of the United Nations' Secre- tariat 171 Crimes of Violence 172 Criminal Statistics and Research on an Inter- national Level 173 Criminality Related to Motorized Traffic 173 Female Offender 173 International Co-operation in Research and Planning Through the Auspices of the United Nations 174 Judicial Procedures 174 Medical and Non-Medical Use of Drugs 175 Migrants and Immigrants 176 Minimizing Penetration in the Criminal Justice System 176 Police/Citizen Involvement 177 Police Training 178 Priorities in International Law Enforcement 178 Priorities in Policing 179 Private Policing 179 Rights and Responsibilities of Inmates and Parolees 180 Role of Criminal Legislation, Judicial Proce- dures and Social Controls in the Prevention of Crime 181 Role of the Police 182 Social Control, Social Awareness 182 "White-Collar" Crime 183 Young Offenders 183

Appendices 185

1 LIST OF APPENDICES

VOLUME I

A Federal, Provincial and Non-Governmental Liaison Officers

Members of Original Delegation

Members of Geneva Delegation D Canadians Registered as Individual Participants

Canadians Seconded to U.N. Conference Services Staff in Geneva

VOLUME II

Preparatory Papers

VOLUME III

G Special Addresses by Canadians H U.N. Press Release

Canadian Press Clippings

Report of Manitoba Seminars

Report of Toronto Seminar INTRODUCTION AND INITIAL PLANNING

On August 26, 1970 at the closing ceremony of the Fourth United Nations Congress on the Prevention of Crime and the Treatment of Offenders held in Kyoto, Japan, Canada extended a formal invitation to the United Nations to hold the Fifth Congress in Toronto in 1975. This act was the official implementation of the Canadian Cabinet's decision of 13 March 1970 to host the Congress. From the outset, Canada wished as Host Country to provide not only all the required facilities and services needed to ensure a successful Congress but also to provide for the fullest possible Canadian participation in the Con- gress. To this end and to emphasize the national character of Canada's participation in the United Nations Congress the Solicitor General in January 1973 convened a National Advi- sory Committee composed of Provincial Ministers and Offi- cials and representatives from the Canadian Bar Association, the Canadian Association of Chiefs of Police and the Cana- dian Criminology and Corrections Association as well as senior officials from Federal Ministries and Departments. From that committee and its successor the Canadian Organiz- ing Committee came an impetus for Canada to put forward a strong official delegation to make some significant impact on international policy in crime prevention and criminal justice and to help Canada benefit from the Congress through exploration of new ideas and learning of experience in other countries. The Canadian Organizing Committee met twice, on June 7 and 8,.1973, and again on January 31 and February 1, 1974. From these meetings emerged the ideas of the tasks for what was to become the Canadian Participation area of the Canadian Co-ordinating Unit for the Congress. These ideas 2 included the following: (1) Assistance in the establishment of a strong Canadian Delegation that would be representative of federal, provincial and territorial governments and non- governmental organizations. (2) Participation by the Delegation itself in the development of the position statements and in the drafting of resolutions that would be presented at the time of the Congress.

(3) Involvement of the Canadian people in the Congress through the avenue of meetings and seminars held throughout Canada, in connection with the Congress Agenda Items, sponsored by governmental and non- governmental organizations.

(4) The development of a Canadian audio-visual display which would be representative of the Criminal Justice System of Canada. (5) The development of descriptive literature which could be made available to Congress participants, including the publication of a booklet describing the Criminal Justice System of Canada. (6) Visits to various agencies and institutions arranged, not only in the Congress area, but in all parts of the country.

( 7 ) Visits from a number of international experts in the field who would enter into a dialogue with local community groups on the subject matter. (8) The development of research papers for the use of the Canadian Delegation and to stimulate thought in the local seminars. On November 1, 1974, Mr. Donald B. Irwin joined the Unit as Director of Canadian Participation. He was assisted in his task by Miss Lise Dessaint, Miss Mary Kay Eddy, Mr. 3

Oswald LeBlanc and secretaries Miss Reine Vezeau and Miss Ginette LaRoche. Under the general direction of the Canadian Co- ordinator, Mr. Frank Miller, this group was responsible for developing and carrying out the detail planning of the Cana- dian participation in the Congress. Of course, with the change of venue of the Congress, plans for the displays and the visits to agencies and institutions were abandoned. The program for visits of international experts developed with the Canadian Criminology and Corrections Associ- ation and Canadian International Development Agency was can- celled. The program of local seminars had been completed and is dealt with later in this report. The purpose of the booklet describing the Canadian Criminal Justice System was to give Congress delegates a comprehensive view of the various segments within Canada's Criminal Justice System as well as information on the corrections and crime prevention programs in operation. The first chapter of the booklet described the Ministry of Justice and was followed in chapter two by a description of the Supreme Court. The Ministry of the Solicitor General was also described in the third chapter. Descriptive material was gathered from thirteen national associations which formed the fourth chapter of the book. The information gathered from all provinces and territories was separated under the five following headings: (1) Introduction (2) The Judiciary (3) Law Enforcement (4) Correctional Programs 4

(5) Private Sector It was intended to introduce each provincial and territorial chapter by a geographic map of the province or territory. The booklet was in its final stage of editing when the decision was made to seek a postponement of the Congress. The manuscript will be passed to the Information Division of the Ministry of the Solicitor General for possible publication as a general reference work.

Provincial and Territorial liaison representatives • were appointed immediately following the meeting of the National Advisory Committee in January 1973. The Canadian Co- ordinator and the Director of Canadian Participation consulted these officials by correspondence, telephone and visits to the provinces as planning progressed. Plans for the establishment of the Canadian Delegation (as well as the hosting plans) were presented to the continuing Committee of Federal-Provincial Deputy Ministers in Corrections, at its meetings in March 1974 and in December 1974. A final meeting of the provincial liaison representatives was held in Ottawa on January 27, 1975. Present were representatives from nine provinces and representatives from the Canadian Criminology and Corrections Association and the Canadian Bar Association. The Federal Government was also represented by the Ministries of the Solicitor General, Ex- ternal Affairs, Justice and the Federal-Provincial Relations Office (Privy Council). After reviewing the decisions that had been made to date in relation to the Congress activities, specific requests were made to all participants relating to three aspects of the program, mainly, contribution to the booklet on the Criminal Justice System of Canada, the visit of international experts and the development of local seminars. Concrete steps were proposed as to the final course of action in all of these areas. From the commencement of planning, there had been close consultation with the Department of External Affairs and the office of the Privy Council. These offices were represented on the Central Working Group, the small Executive Committee which took the first steps in the Congress planning. As the time approached to establish the Canadian Delegation, more intensive consultation took place. Included in a special consultation group concerning the establishment of the Dele- gation, were representatives of:

(1) External Affairs (UN Economic and Social Affairs) (2) External Affairs (Federal-Provincial Co- ordination) (3) Privy Council (Social Policy) (4) Federal-Provincial Relations Office (Policy and Program Review) (5) Department of Justice (Programs and Law Information Development)

• Step by step, other departments were called upon to assist in the general project planning. Finally, in the autumn of 1974, several ministers were asked to appoint or confirm liaison representatives to the Co-ordinating Unit. These representatives also played a part in the development of Canadian positions at the Congress as will be described later. Appendix "A" is a list of all Federal, Provincial, Territorial and Non-governmental liaison representatives. A detailed proposal for the general criteria for the composition and activity of the Canadian Delegation was placed before the Senior Policy Advisory Committee of the Ministry of the Solicitor General, by the Canadian Co- ordinator, in March 1974. The Committee endorsed the 6 proposal which was later approved by the Solicitor General and submitted to Cabinet jointly with the Secretary of State for External Affairs and the Minister of Justice. I I ORGANIZATION OF THE DELEGATION

THE ORIGINAL DELEGATION In July 1974, Cabinet approved the establishment of a Canadian Delegation to represent all areas of the crime prevention and criminal justice system including interested federal government departments, special interest groups, non- governmental organizations and full provincial participation with the total delegation to be in the order of fifty members. The Solicitor General of Canada was appointed Head of the Canadian Delegation and was authorized to request the provinces of Ontario and Quebec to appoint appropriate ministers as deputy heads of the Canadian Delegation. The Secretary of State for External Affairs, in consultation with the Minister of Justice and the Solicitor Gen- eral was authorized to appoint the members of the delegation seeking nominations from the provinces and non-governmental organizations.

At the same time Cabinet approved the Canadian objec - tives as follows: (1) To provide all the required facilities, services and arrangements needed to ensure a highly successful Congress; (2) To present to the Congress participants as complete a picture as possible of Canada's Crime Prevention and Criminal Justice System, and to benefit from the Congress through exploration of new ideas and learning of experience in other countries; (3) To make some significant impact on international policy in crime prevention and criminal justice; 8

(4) To present Canada to the Congress participants and their families as a land of beauty and hospitality;

(5) To seize the occasion of the Congress to inform Canadian Citizens concerning problems in Crime Prevention and Criminal Justice and the solutions that Federal and Provincial Govern- ments and Non-governmental Organizations are attempting to provide. Under the general direction of the Canadian Co-ordinator for the Congress Mr. Don Irwin, Director of Canadian Partici- pation, was charged with the responsibility of co-ordinating plans for the Delegation and was named by the Solicitor Gen- eral to be secretary of the Delegation. In November 1974, the Solicitor General wrote to the Provincial Premiers, the Commissioners of the Territories and the Presidents of the three Associations, requesting nominees. At that time, the thinking was that approximately ten members of the Delegation should be appointed from Federal Departments, twenty-four members, either designated or nominated by provincial and territorial governments, and the re- maining fifteen members would come from the private sector. All the provinces were asked to designate one delegate and provide the Co-ordinating Unit with three nominees, one drawn from the judiciary, the second from the law enforcement area and the third from the corrections area. In light of their special role as co-hosts for the Congress and in line with Cabinet direction, Ontario and Quebec were each requested in addition to designate a person as a Deputy Head of the Delegation. The Commissioners of the two territories were asked to designate one person as a representative on the Delegation. The Canadian Bar Association was requested to nominate five persons from whom two delegates would be selected and a 9 similar request was made of the Canadian Association of Chiefs of Police. The Canadian Criminology and Corrections Association was asked to nominate twenty-five persons, from which ten or eleven delegates would be selected. By requesting the provinces and private sector to provide us with nominees, it was hoped to facilitate the task of selection by allowing some flexibility to acknowledge special interest groups, geographic representation and other such factors that play an important part in the development of a truly Canadian Delegation. A total of forty-eight names were placed in nomination by the private sector. This, along with the names submitted by the provinces, constituted an outstanding group of Canadian administrators, practitioners and theoreticians. Parliamentary representation was ensured by requesting nominations from the Leaders of the Opposition parties and the Leader of Government in the House of Commons. A list of the Delegation, approved by the Secretary of State for External Affairs, is attached as Appendix "B".

THE 'GENEVA' DELEGATION

On July 19, 1975 the Secretary of State for External Affairs sought the co-operation of the Secretary-General of the U.N. in obtaining a postponement of the Congress.

On July 30, 1975, the United Nations' Committee on Con- ferences decided not to accede to Canada's request for a postponement of the Congress, but rather decided to hold the Congress in Geneva, Switzerland on the dates already scheduled. When advised of this decision, the Federal Cabinet agreed that Canada should be represented at such a meeting and directed that the Canadian Delegation be in the order of twelve persons drawing wherever possible from the original fifty-four member Canadian Delegation. Cabinet 1 0 named the Solicitor General of Canada, the Honourable Warren Allmand as Head and M. Gilles Marceau, Parliamentary Secre- tary to the Minister of Justice, Deputy Head of the Delega- tion. Under the authority of the Solicitor General, telegrams were sent to the Premiers of every Province asking them to nominate one person to the Delegation, recognizing that only three persons from all of the provincial nominees would be appointed. Three members of the Geneva Delegation were selected from those persons who had been originally nominated by the Non-governmental Organizations. The remainder of the Delegation was composed of Federal Public Servants. The group finally appointed by the Secretary of State for Exter- nal Affairs in consultation with the Solicitor General con- sisted of fourteen members. This group was proposed to Cab- inet on August 27, 1975 and was approved as the Canadian Delegation with the additional instruction that a media liaison person be attached and attend the Delegation in Geneva. In the period of time that elapsed between the request for a postponement and the United Nations decision to proceed with the Congress, the Honourable Warren Allmand had undertaken some commitments in Canada which necessitated his leaving Geneva after the initial three days but he was able to return on September 10th for the closing plenary sessions. Mr. Marceau as Deputy Head of the Delegation assumed the leadership role in the Minister's absence. A list of the Delegation approved by Cabinet is attached as Appendix "C". III PREPARATION FOR THE CONGRESS

PREPARATORY PAPERS (see Appendix F) The United Nations' Committee on Crime Prevention and Control at its third session in June 1972 approved a tenta- tive agenda for the Congress. The Secretariat subsequently prepared discussion papers on the items of the agenda. The agenda was discussed then at regional preparatory meetings held in Tokyo, Copenhagen, Brasilia, Budapest, Cairo and Lusaka. The agenda was re-examined by the Committee on Crime Prevention and Control at its second and third sessions and given its final approval at the third session in Geneva in September 1974. Canadian observers were present at all meetings of the Committee on Crime Prevention and at all the regional preparatory meetings with the exception of the European meeting in Budapest. Canadians also participated in three workshops conducted by the United Nations Secretariat in its development of its own working papers for the Congress. The U.N. Secre- tariat made available to us the reports of the several United Nations' preparatory meetings. In order to better prepare for the substantive Canadian contribution, it was proposed, in addition, that five research papers be developed by knowledgeable Canadians in the particular agenda areas. Accordingly, papers were commissioned as follows:

ITEM I Changes in forms and dimensions of criminality-- transnational and national Dr. Ezzat A. Fattah Simon Fraser University

ITEM II Improvements in criminal legislation, law enforcement, judicial administration and correctional systems, with a view to the prevention of crime and the treatment of the offender in the community Dr. Hans Mohr Law Reform Commission 12

ITEM III The emerging roles of the police and other law enfôrcement agencies, with special reference to changing expectations and minimum standards of performance Mr. Ambrose Murphy Director Crime Prevention and Law Enforcement Police and Security Planning and Analysis Branch Ministry of the Solicitor General

ITEM IV The treatment of offenders in custody, with special reference to the implementation of the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations Mr. A.M. Kirkpatrick Executive Director John Howard Society of Canada

ITEM V Economic and social consequences of crime: new challenges for research and planning Dr. André Normandeau Director Centre of Criminology University of Montreal Later, Mr. Kirkpatrick and Dr. Mohr were appointed members of the initial Delegation. Dr. Fattah, Mr. Murphy and Dr. Normandeau were appointed as Consultants.

PREPARATORY MEETINGS In the Solicitor General's letter to the Premiers, Com- missioners and Presidents of the private agencies, it was indicated that the Co-ordinating Unit proposed to have at least two preparatory meetings of the delegation prior to the Congress. The first of these meetings occurred in Ottawa, from February 25th to 26th and a second meeting, in Toronto, from June 8th to llth. Five staff officers were seconded from appropriate federal agencies and attached to each agenda group through which the delegation agreed to do its work. These five persons were as follows: I 13

! Mr. Michael Petrunik Ministry of the Solicitor General Research and Systems Development Branch Dr. Keith Jobson Law Reform Commission Mr. Jacques Bernard Ministry of the Solicitor General Police and Security Planning and Analysis Branch Mr. Oswald LeBlanc Canadian Penitentiary Service

Mr. Harold Needham Ministry of the Solicitor General Policy Planning and Program Evaluation Branch The task for these persons was to acquaint themselves with the subject matter in each group and to be prepared to assist the group in the writing of material and, in general, to facilitate the operation of the various agenda groups. Thus prepared, the Co-ordinating Unit met the Delegates at an initial preparatory meeting held in Ottawa on February 26 and 27, 1975. In the morning session, a number of administrative matters were dealt with by the Co-ordinating Unit staff. In addition, Mr. Hadwen from External Affairs provided an overview of the role of Canadian Delegations at International Meetings. During this administrative session, the Delegates accepted the principle of working in various agenda groups as well as agreeing to have an executive committee composed of the Head of the Delegation, the two Deputy Heads, the Deputy Solicitor General and the representative of the Department of External Affairs with support services being provided by Frank Miller as Canadian Co-ordinator and Don Irwin as Secretary to the Delegation.

The work of the initial preparatory meeting was to review the papers prepared to stimulate discussion and from our view of these papers identify the areas in which Canada would need to have a position at the Conference. It was 14 anticipated that these tasks would be done in the agenda groups followed by a plenary session in which the various groups would report back to the total delegation and thus identify areas of duplication as well as areas in which additional information needed to be sought. This task was accomplished with varying degrees of success by the Agenda groups. Between the initial preparatory meeting and the second meeting of the Delegation in June a similar procedure was followed with the various departments and agencies of the federal government. Again the various departments were asked for information pertaining to the items that they felt should be discussed at the time of the Congress. Coincident with these activities, was an active effort on the part of the Co-ordinating Unit to seek input from provincial and non-governmental organizations. This aspect will be dealt with more fully under the subject heading 'Local Seminars'. The second preparatory meeting was held in Toronto from June 8 to 11, 1975. At this meeting, the Delegates were pre sented with a briefing book in which a number of issues had been identified and a little background provided on these issues. The delegates were asked to consider the policy implications for Canada of these various issues and make recom mendations as to what the Canadian position should be at the time of the Congress in relation to these items. This task took up the duration of the meeting and provided a basis from which the position statements which were submitted to Cabinet for approval on August 27, 1975 were drawn.

PREPARATION OF POSITIONS

Between the second meeting of the Delegation in mid-July which was the target date for submission of the proposed positions to Cabinet, ad hoc interdepartmental committees were 15 established to review the draft position statements. These committees were established to discuss the following topics: (1) elimination of torture; (2) extradition; (3) reciprocal enforcement of parole supervision; (4) aboriginal peoples; (5) continuing activity by the UN Secretariat; (6) criminal statistics and research on an international level; (7) criminality related to motorized traffic; (8) Medical and non-medical use of drugs; (9) migrants and immigrants; (10) minimizing penetration in the Criminal Jus- tice System; (11) rights and responsibilities of inmates and parolees; (12) young offenders; (13) abortion; (14) rape and other sexual offences. Throughout this period, the Canadian Participation Dir- ector and his staff were functioning as •the Co-ordinators of these various activities. It was in this way that the thirty-one Canadian position statements for the Congress were developed. The thirty-one statements were classified as to one of three topics: (1) topics in which Canada wished to take initiative and either,sponsor or co-sponsor resolutions dealing with these various subject matters; (2) topics in which Canada wished to be prepared to discuss fully and openly and learn from other countries how they were managing similar problems; 16

( 3 ) special topics, three in number, namely, abortion, capital punishment and rape and other sexual offences. It was expected that these topics would be an issue in Canada at the time of the Congress and hence, the Canadian Delegation should have some instructions on how they should reply. These instructions were developed but in developing the statements it was proposed that it would not raise these issues unless specifically requested by some other delegation. As indicated, Canada gave approval to these position statements on August 27, 1975.

LOCAL SEMINARS One recommendation that was made by both the National Advisory Committee and the Canadian Co-ordinating Committee was that an effort should be made to seek input from citizens interested in the Criminal Justice System. Given the rapid rise of volunteerism, this idea gained the considerable support but was much more difficult in terms of implementation. Essentially, the concept was one whereby the Canadian public would be asked to participate in local seminars to review the Congress Agenda Items and to make recommendations for the consideration of the Canadian Delegation. In this way, it was hoped that we would have some contribution from Canadian citizens in the development of the Canadian position on the agenda items which would, of course, further the Canadian Objective number three. Further, it was hoped that this opportunity would be made available to engage with the citizens of Canada in order to help them come to a better understanding of crime prevention and criminal justice problems. In order to facilitate the development of the seminars, contact was established with the provincial liaison persons 17 and each member was asked to identify groups within their province and/or territory wha might be willing to undertake such a task. Similar requests were made of the Canadian Bar Association, the Canadian Police Association and the Cana- dian Criminology and Corrections Associations. The Co- ordinating Unit agreed to make available reference material from the United Nations, as well as the background papers prepared for the use of the Delegation by the Consultants. Messrs. Miller and Irwin visited various centres in order to meet with groups and explain the concept. Such meetings were held with officials and representatives of the private sector in Vancouver, Edmonton, Regina, Winnipeg, Toronto, Quebec and Halifax. The Canadian Participation Director visited the Federal regional consultants in the Maritimes, British Columbia and Quebec regions, meeting with their regional groups, in order to foster the idea. Considerable interest was shown in the Congress, but significant action was limited to two communities. The outstanding success occurred in Winnipeg and here, credit must be given to Mr. John Troniak of the Manitoba Department of Health and Social Development, and to Profes- sor Stuart Johnson. When it was learned that the Co- ordinating Unit did not have funds to pay honorariums and transportation costs of speakers for this purpose, the decision was taken to work through the group in the city of Winnipeg, and to obtain a grant of some $3,000.00 from the Federal Department of Secretary of State. This was accomplished with little difficulty, and thus the Winnipeg group had funds with which to bring keynote speakers to the city, run advertising campaigns and to engage with the local citizens. A series of four seminars was held on the agenda items, with each being attended by somewhere up to a hundred people. Reports of their discussions were given to the Canadian Del- egation, at the time of the second preparatory meeting. As 18 the eventual Canadian Delegation to the Geneva Congress contained three persons from the Winnipeg area, two of these three persons participated in a debriefing session with these groups, that was open to the public on conclusion of the Con- gress. Reports of the Winnipeg meetings are attached as Appendix "J" to this report. The other group that did provide some input was the Ont- ario Criminology and Corrections Association, in Toronto. A one-day seminar was held, with approximately fifty persons in attendance. The participants were required to select a group of their choice and participate in the discussion. The report was made available to the members of the Canadian Dele- gation in time for the June meeting and, to the best of our knowledge, no debriefing report has been made. The report of this seminar is attached as Appendix "K". IV PARTICIPATION IN THE CONGRESS AND CONGRESS PROCEEDINGS

ORGANIZATION OF THE DELEGATION FOR WORK IN GENEVA All of the Delegates and Officers of the Delegation attended a meeting of the Delegation held at the Canadian Mission in Geneva at 10:30 a.m. on August 31, 1975, the day before the official opening of the Conference. At that meeting Messrs. Miller and Laniel, who had preceded the Delegates to Geneva, provided the Delegates with a brief outline of the administrative arrangements for the Congress and other information to facilitate the Delegates' orientation to Geneva as a city and to the Palais des Nations, where the Congress was held. Mr. Irwin, Secretary to the Delegation, informed the Delegates of the activities carried on by the Co-ordinating Unit following the conclusion of the second preparatory meeting of the Delegates in Toronto in June of 1975. Indi- vidual briefing books containing the statements on thirty- one different items as approved by Cabinet, were distributed to each member of the Delegation. In addition, Mr. Irwin advised the Delegates of the procedure for consultation with Ottawa should it become necessary. In light of the change of venue, Mr. Hadwen, representing External Affairs, provided the Delegates with an overview of the international situation and what Canada might expect during the sessions. Ambassador W.G. Barton, Canada's Permanent Representa- tive to the U.N. in Geneva, spoke to the Delegation concerning the operation of the United Nations in Geneva, and the 20 activity of our Mission. At this meeting, a proposal for regular meetings of the Delegation and all Canadian participants present in Geneva as well as the division of workload within the Delegation was put forward and accepted. A press conference was arranged for September 2nd, which the Solicitor General as Head of the Delegation would host. It was agreed that all official statements of the Delegation would be made by the Head, or the Deputy Head in his absence. Further, it was agreed that if individual members of the Del- egation were approached by the media that they should feel free to comment, but indicate that it was their personal comment. The table of organization LOT the Delegation and the . specific responsibilities of the various delegates and senior Federal officials who attended follow. It was agreed that there should be an Executive Commit- tee composed of the following persons:

Head of the Delegation The Honourable Warren Allmand Solicitor General of Canada

Deputy Head The Honourable Gilles Marceau Parliamentary Secretary to the Minister of Justice Mr. John Hadwen Director General Bureau of Consular Affairs Department of External Affairs Mr. Frank Miller Canadian Co-ordinator for the Fifth United Nations Congress Mr. Roger Tassé Deputy Solicitor General of Canada Mr. Donald Irwin Secretary 21

The remainder of the Delegates were organized on a team basis to deal with the specific program sections at the Con- gress. The names of the Senior Public Servants present as individual participants have been included.

SECTION I Changes in Forms and Dimensions of Criminality --Transnational and National Co-ordinator Mr. John G. Hadwen Director General Bureau of Consular Affairs Department of External Affairs The Honourable J.R. Boyce Minister of Corrective and Rehabilitative Services Winnipeg, Manitoba Mr. William R. Outerbridge Chairman National Parole Board Ministry of the Solicitor General Mr. Robert Diguer Deputy Commissioner Security Canadian Penitentiary Service Mr. Jack MacDonald Executive Assistant to the Solicitor General of Canada Mr. Peter McRae Third Secretary Canada Permanent Mission Geneva Mr. Paschal O'Toole Director Communications Division Ministry of the Solicitor General

SECTION II Criminal Legislation, Judicial Procedures and Other Forms of Social Control on the Prevention of Crime 22

Co-ordinator Dr. Maurice Gauthier Assistant Deputy Minister Ministry of Justice Quebec Mrs. Dorothy Betz Court Worker Native Clan Organization Judge Ian Dubienski President Canadian Criminology and Corrections Association Mr. Roger Tassé Deputy Solicitor General of Canada

Mr. Jean-Luc Côté Director Consultation Division Ministry of the Solicitor General Mr. Robert P. Francis Senior Counsel Criminal Law Policy Department of Justice Mr. B.C. Hofley Assistant Deputy Minister Research and Systems Development Ministry of the Solicitor General Mr. Isser Smith Senior Officer Local Government Development Branch Department of Indian and Northern Affairs

SECTION III The Emerging Roles of the Police and Other Law Enforcement Agencies, with Special Reference to Changing Expectations and Minimum Standards of Performance Co-ordinator Mr. Gordon W. Pritchett Assistant Commissioner R.C.M.P. Mr. John Ekstedt Executive Director Justice Development Commission Department of the Attorney General Province of British Columbia 23

Chief G.O. Robinson President-Elect Canadian Association of Chiefs of Police Halifax, Nova Scotia Mr. Jacques Bernard Inspector R.C.M.P. attached to Police and Security Planning and Analysis Branch Ministry of the Solicitor General Mr. Ambrose Murphy Director Crime Prevention and Law Enforcement Police and Security Planning and Analysis Branch Ministry of the Solicitor General

SECTION IV The Treatment of Offenders in Custody or in the Community, with Special Reference to the Implementation of the Standard Minimum Rules for the Treatment of Prisoners Adopted by the United Nations Co-ordinator The Honourable J.R. Boyce Minister of Corrective and Rehabilitative Services Winnipeg, Manitoba Dr. Maurice Gauthier Assistant Deputy Minister Ministry of Justice Province of Quebec Mr. John G. Hadwen Director General Bureau of Consular Affairs Department of External Affairs Mr. W.R. Outerbridge Chairman National Parole Board Ministry of the Solicitor General Chief G.R. Robinson President-Elect Canadian Association of Chiefs of Police Halifax, Nova Scotia 24

Mr. Jean-Luc Côté Director Consultation Division Ministry of the Solicitor General Mr. R. Diguer Commissioner Security Canadian Penitentiary Service Mr. Ambrose Murphy Director Crime Prevention and Law Enforcement Police and Security Planning and Analysis Branch Ministry of the Solicitor General Mr. Isser Smith Senior Officer Local Government Development Branch Department of Indian and Northern Affairs

SECTION V Economic and Social Consequences of Crime --New Challenges for Research and Planning Co-ordinator Judge Ian Dubienski 'President Canadian Criminology and Corrections Association Mrs. Dorothy Betz Court Worker Native Clan Organization Mr. John Ekstedt Executive Director Justice Development Commission Department of the Attorney General Province of British Columbia Mr. Gordon W. Pritchett Assistant Commissioner R.C.M.P. Mr. Jacques Bernard Inspector R.C.M.P. attached to Police and Security Planning and Analysis Branch Ministry of the Solicitor General 25

Mr. R.P. Francis Senior Counsel Criminal Law Policy Department of Justice Mr. B.C. Hofley Assistant Deputy Minister Research and Systems Development Ministry of the Solicitor General The Co-ordinator for each of the sections assumed the responsibility for the preparation of a report on each section noting the matters of particular or potential interest to Canada. The reports of the Co-ordinators are included in their entirety in the report of each section. The two preparatory meetings of the Delegation resulted in the members of the Delegation arriving well prepared for this Congress, although the profile that the Delegation wished to adopt was altered due to the change of venue. Only one member of the Delegation, specifically Mr. Frank Miller, had been a member of a previous Canadian Delegation to a United Nations Congress on Crime; hence, there was some anxiety about just what would take place at such a meeting and whether or not Canada would be criticized for having requested a postponement of the Congress. The Delegation re- lied on Mr. John Hadwen's considerable experience in Inter- national Conferences for advice on such matters. The fact that the members of the Delegation knew each other reasonably well from the preparatory meetings proved invaluable in that the various sections were able to function as a team quickly, assess the general atmosphere of the total section and make appropriate judgements as to a course of action. The other factor which played an extremely important part in unifying the Delegation was the decision to have daily meetings of the Delegation including, on alternate days, all other Canadians present in Geneva. These meetings allowed for a report back from each of the sections through 26 a brief assessment given by the Section Co-ordinator and provided an opportunity for input from all present. In this way Canada was represented by one voice at the Congress.

TRAVEL, FINANCE AND ACCOMMODATION

The travel arrangements, accommodation and financing of the Delegation were prepared in advance of the trip itself. Delegates were provided with an open return 14-21 day excur- sion ticket unless they made a specific request for return flight arrangements. With the exception of Mr. Miller, who preceded the Dele- gation to Geneva, and Mr. Marceau who was already in Europe, the Delegation travelled together by Air Canada to Zurich where a change was made to a Swiss Air flight destined to reach Geneva at approximately twelve noon Geneva time on Saturday, August 30 th . The trip was made by economy class air fare. The decision to sit as a group enhanced the unity of the Delegation and flying economy resulted in a considerable saving in travel costs. The majority of the Delegation were provided with a travel advance which was to cover the cost of hotel accommodation, meal allowance and to provide for the cost of incidentals, such as laundry, telephone and gratuities. These funds were to be accounted for on the Delegates' return to Ottawa. The entire Delegation was housed at the Intercontinen- tal Hotel located near to the Palais des Nations. A shuttle bus service was provided to assist the Delegates in return- ing to and from the Conference Centre as well as attending the Delegation meetings which were held at the Canadian Mis- sion offices. 27

OFFICE ARRANGEMENTS The Canadian Delegation were provided with office facilities at the Canadian Mission. Mrs. Margaret Craig and Mrs. Thérèse Lalande provided secretarial services for the Dele- gation. Office space was provided for the Secretary of the Delegation as well as the radacteur. The Delegation met on alternate days in the boardroom of the Mission. The Mission was located some distance from the Palais des Nations. While the facilities were superior in many ways at the Mission, e.g. access to Telex and photocopy equipment were superior to those at the Palais, the distance between the two places caused some minor inconveniences for the Delegates.

SOCIAL EVENTS In order to enhance the unity of those Canadians attending the Congress, a hospitality suite was established for one hour at the conclusion of each day's sessions. The availability of this suite allowed Canadians to interact as well as providing a place for Canadians to entertain foreign dignitaries. Through this arrangement by which Delegates were permitted to bring foreign dignitaries, there were opportunities for exposure to a greater number of Canadian people. This program was then very advantageous in many ways. On the second of September, Ambassador and Mrs. W. Barton, Canada's Permanent Representative in Geneva received the members of the Canadian Delegation in his home. On Sept- ember 10th, the Solicitor General had a reception for all Canadians present at the Congress plus a number of foreign dignitaries. On the following evening, the Solicitor Gen- eral hosted a dinner for the members of the Canadian Delega- tion. 28

CONGRESS PROCEEDINGS The summary of the Congress proceedings which follows is meant only to highlight the work done in the various sections. The United Nations' reports are, of course, available in their entirety. Each section summary is divided into four parts. The first is a review of the total work of the section. This is followed by a report of the Canadian contribution, the Sec- tion Co-ordinators' comments and the final section contains the conclusions and recommendation. Of the 138 member states of the United Nations, 101 sent representatives to the Fifth United Nations Congress.. At the opening session, held on Monday, September 1, 1975, Madame Inkeri Anttila, Minister of Justice for Finland, was elected the President. At the opening session, Canada was honoured by Mr. Frank Miller's election as an Honorary Vice- President of the Congress. Mr. Miller joined such persons as Mr. William Clifford, Australia, Dr. Thorsten Sellen and Dr. Peter P. Lejins of the United States of America and Sir Leon Radzinowicz of the United Kingdom. Following the election of the various officers, Madame Helvi Sipila, the Assistant Secretary-General for the Social Development and Humanitarian Affairs Division of the United Nations and Mr. Gerhard O.W. Mueller, Executive Secretary for the Congress addressed the assembly. In addition, the rapporteur general had designated the officers of the various sections which, according to the rules of procedure, were appointed by the Secretary-General prior to the Congress. The opening session was particularly important to Canada since we, as a country, had an opportunity to learn whether or not we would be criticized by other countries for requesting a postponement of this Congress. Although the change of venue was referred to in the course of the proceedings, no country issued any condemnation of Canada for our actions 29

during the initial session. This fact was a relief to the members of the Delegation as we then knew that we could proceed to make a contribution to the substantive matters of the Congress without fear of unrelated political issues being raised in the sessions. At the close of the Congress, Sir Arthur Peterson of the United Kingdom gave an excellent summary of the accom- plishments of the Congress. In the final session, Canada was chastised by two countries, namely Libya and Syria, for failing to live up to our obligations by requesting a postponement of the Congress for 'political' reasons. On no occasion did a Canadian Delegate speak of the reasons for the postponement, other than to acknowledge per- sonally our regret to foreign dignitaries that the Congress was not being held in Canada. A number of countries privately indicated their understanding of the Canadran position in this matter. For most, it was more a personal dis- appointment that they were unable, as a consequence of the change of venue, to visit North America. The members of the Delegation had a number of informal meetings with other delegations on such subjects as the possibility of an international exchange of parolees, extradition, the prevention of torture, diversion and the role of United Nations' Secretariat. A brief description of the results of all the positions prepared for the use of the Cana- dian Delegation is contained. in Chapter XI. 30

FIGURE 1

Discussion Topics Anticipated by Canada at the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Showing Actual Discussion in the Five Sectional Meetings and Canadian Interventions

Agenda Items I II III IV V A TOPICS (1) Torture 0 O-X (2) Extradition O-X 0 O-X (3) Police Ethics O-X (4) Communications 0 0 0 O-X (5) Parole Supervision O-X (6) Standard Minimum Rules O-X

B TOPICS (1) Aboriginal People 0 o 0 O-X (2) United Nations Secretariat 0 O 0 0 (3) Violence 0 O 0 (4) Statistics 0 O-X (5) Traffic O-X (6) Female Offender O-X (7) Research 0 0 O-X

(8) Judicial Procedures 0 -X- X (9) Drugs 0 0 (10) Migrants 0 0 (11) Minimizing Penetration Criminal Justice System O-X O-X 0 -X (12) Police-Citizen Involvement 0 (13) Police Training 0 (14) Law Priorities 0 (15) Police Priorities 0 (16) Private Policing 0 (17) Rights and Responsibilities 0 (18) Legislation 0 (19) Role of Police 0 (20) Social Control 0 0 (21) White-Collar Crime O-X (22) Young Offenders 0 0

0 Discussed X Canadian Intervention Made V REPORT OF SECTION I CHANGES IN FORMS AND DIMENSIONS OF CRIMINALITY

-- TRANSNATIONAL AND NATIONAL

SUMMARY OF DISCUSSIONS The section considered it appropriate to examine the problems successively dealt with in the United Nations working paper A/CONF./56.3: (1) crime as business at the national and transnational levels; organized crime, white-collar crime and corruption; (2) offences involving works of art and other cultural property; (3) criminality associated with alcohol and drug abuse; (4) interpersonal violence; (5) violence of transnational and internationally comparative significance; (6) criminality related to motorized traffic; (7) criminality associated with migration and flight from natural disaster and hostilities; (8) female criminality; and (9) forecasts of crime and crime control problems. In accordance with Rule 14 of the Rules of Procedure, the Secretary-General designated in advance of the Congress a Chairman, Vice-Chairman, and Rapporteur for each of the five sections. These officers were confirmed by the Con- gress at the initial plenary meeting. Included are the panelists, consultants and other officers of the section.

Chairman Holger Romander (Sweden) 32

Vice- Chairman Subramanya Balakrishnan (India) Rapporteur Heleno Fragoso (Brazil)

Panel Adedokun Adeyemi (Nigeria) Bernardo Beiderman (Argentina) Rajendra Saran Agarwal (India) Vladimir N. Kudriavtsev (ussR) Marc Ancel (France)

Consultants Richard Sparks (USA) Christopher Poklewski-Koziell (Poland) Robin Burnham (United Kingdom) Julio Pena Nunez (Chile) Wolf Midderdorff (Federal Republic of Germany) Jacob Sundberg (Sweden) Freda Adler (USA)

Secretary - General's Representative George D. Howard Secretary Lemin Sesay Social Affairs Officer Kurt Neudek 33

ITEM 1 -- Crime as Business: Organized Crime, White-Collar Crime, Corruption This section considered a wide range of inter-related forms of crime which posed new and increasingly serious and complex problems for individual countries and for relationships between countries. The third world countries, in particular, stressed the international aspect of crime since the national welfare and economic development of their country is greatly influenced by such crimes as bribery, price fixing and other fiscal offences. The section endeavoured to distinguish between organized and white-collar crimes. They were unsuccessful. Rather, they identified a number of similarities between these two forms of crime in that both types involved corruption of law enforcement and political authorities. Agree- ment was reached that such crimes require a high degree of planning and considerable expertise and are thus much more difficult to detect. On this item the socialist countries intervened frequently to the effect that this was only a problem for capitalist countries and that in their countries they have no such problems. Participating countries appeared to agree that consequences of international and economic crimes might be at least as serious as those national crimes. These discussions focussed on such crimes as price fixing, bribery and profiteering. Some countries argued that with the trend towards decriminalization many forms of such crimes should be removed from the scope of criminal law. On the other hand, many other countries argued that the imposition of criminal law and the possibility of incarceration had a definite de- terent effect on the businessman who might be contemplating such action. A number of proposals were suggested, and agreed to by the section, that could lead to more effective control over the abuse of economic power by national and transnational 34 corporations. These included:

(1) the establishment of a national security and exchange commission or similar body at an international level;

(ii the development of national and transnational legislation which would include abuses of economic power in commercial activity; (iii) greater participation of shareholders in the affairs of the corporation;

(iv) a provision of more information about economic criminality on a transnational basis . so as to alert the public to this developing form of crime; (v) a recognition of the lack of information on this form of crime and hence a call for research in this area.

ITEM 2 -- Offences Involving Works of Art and Other Cultural Property The participants in this discussion considered the many threats to cultural property made in countries throughout the world and recognized the need to co-operate on an international level to deal with this relatively new phenomenon. Threats to cultural property include organized theft by knowledgeable persons, theft or destruction by tourists and willful damage for predatory, political or religious reasons. Reference was made by most countries intervening on this item of the need to protect the cultural heritage for not only the country where the item is situated, but so that all persons might enjoy the particular works of art and cultural property of a country. To this end, the section concluded that: 35

(i) there was a need for a better exchange of information concerning the protection of art and other cultural properties; any exchange of information should include the particulars or national legislation designed to protect and/or facilitate the re- covery of any such property; (iii) consideration should be given to a code of ethics for dealers in art objects; and (iv) greater efforts should be made to obtain wider ratification of the 1970 convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural properties.

ITEM 3 -- Criminality Associated with Alcohol and Drug Abuse Those countries that intervened on this item agreed that alcohol is a drug and that alcoholism is a major aspect of drug abuse. In accepting this proposition, speakers suggested that criminality connected with alcoholism is different from that connected with drug abuse. For example, since alcohol is, for the most part, legitimately available to all persons, criminality occurs usually as a result of excessive consump- tion whereas criminality associated with narcotic abuse is more often associated with the attempts to obtain the drug than with acts committed under the influence of the narcotic. Many countries made reference to the international control system for narcotic drugs. At the present time, this system is predominantly based on the Single Convention of Narcotic Drugs 1961 and the 1972 protocol amending that convention, and secondly the 1971 Convention on Psychotropic Substances. The consensus seemed to be that these two 36 conventions were functional and that they had achieved considerable results in controlling the drug problem through its obligatory control provisions. Further, it was agreed that these treaties provide sufficient flexibility in the area of sanctions to allow countries to proceed to punish offenders through a variety of means. Participants agreed that there were five areas in which improvements could be made. These include:

i) the addition of further controls to deal with the illicit trafficking of drugs such as improved extradition procedures on both bilateral and multilateral levels (a Cana- dian initiative); ii) since drug abuse forms part of the public health problem, preference should be given to the treatment of the problem and the reintegration of the abuser (At the same time it is recognized . that there is little evidence on the success or variety of forms of treatment); (iii) preference should be given to preventative measures in the area of drug abuse; (iv) due to the social, economic and political differences between countries, distinctions must be made in the approach to alcohol and drug abuse problems; and (v) to co-operate with the United Nations' fund for drug abuse control in order to facilitate the provision of technical and financial assistance to help control drug abuse on an international level. 37

ITEM 4 -- Interpersonal Violence Many countries attending this section expressed concern at the rapid increase of stranger-to-stranger violence, including such offences as homicide, assault, rape and robbery. A number of participants, however, argued that their countries had actually experienced a reduction in violent crime due to their ability to deal with such social problems as un- employment, racial discrimination and the provision of equal opportunities to achieve status in the community. The association between alcohol abuse and violence was noted by many speakers. Similarly, concern was expressed at the amount of violence depicted through the mass media. A lack of adequate scientific information on this subject was recognized. A consensus was reached among the participants on the following items: (i) research in the area of , violent behaviour should include an analysis of the social, economic and political problems facing the community; (ii) the relationship, if any, between rapid social change and violent crime; (iii) examination of the factors contributing to violent behaviour amongst young people; and (iv) the problem of violent behaviour should receive high priority because of the damage and anxiety it causes to both individuals involved and the community at large.

ITEM 5 -- Violence of Transnational and Comparative International Significance Very early in the discussion on this item the term "terrorism" appeared and considerable time was spent in discussing different ideas of its meaning. Three types of acts of "terrorism" or "terrorist" were identified: 38

(i) acts by an individual in an international situation, i.e. highjacking an international flight whether for personal gain or because of psychopathology; (ii) acts similar to the first but committed by a group; (iii) acts similar in nature to the first two but committed to further not a personal goal of the participant(s) but to some cause which the person(s) feel committed. There was a consensus that existing measures should be studied with a view to strengthening the power of the criminal justice system against the initial two types of terrorism. The participants, however, were not able to reach a conclusion in relation to the third form of terrorism. Some countries, in particular the Arab Delegations, argued that the General Assembly has passed resolutions reaffirming the rights of people to wage struggles of national liberation. Other countries argued that such revolutionary violence was tantamount to war and hence was not a matter for criminal justice agencies. There was a total lack of agreement on the distinction between a political act and a criminal one so that terrorism and revolutionary acts aimed at achieving one's liberation were not able to be clearly differentiated. Still other participants suggested that the ultimate answer to terrorism would require an examination and correction of the causes of discontent which led to the acts. There was no consensus in relation to the third form of terrorism. It was clear, however, that national-international criminal terrorism for personal or small group gains was considered to be an appropriate object for the attention of the criminal justice system. 39

ITEM 6 -- Criminality Related to Motorized Traffic All of the participants in this section agreed that the rapid increase in traffic accidents and the consequence of these events for not only the persons involved, but also the court system, was a cause of increased concern to persons involved in the criminal justice system. In their discussions, the delegates differentiated between the casual offender on the one hand and the persistent offender who had been convicted of a number of serious driving violations on the other. Some delegates referred to studies that have shown a relationship between general criminal activity and traffic violations. The discussions led to a number of recommendations being made in two categories: (i) in relation to the criminal justice system; and (ii) outside of the criminal justice system. In the latter, such things as driver education programs, speed limits, driver examinations and inspection of vehicles were assigned to some means of dealing with motorized traffic problems. For the former, such concepts as decriminalization and the role of the police were examined.

ITEM 7 -- Criminality Associated with Migration and Flights from Natural Disasters and Hostilities Three situations of social and criminological concern were identified by the delegates who spoke on this item. The three areas include: (i) natural disasters which caused the upgrading or displacement of a segment of the population;

(ii wars, political prosecution and other such 40

events which compel individuals to seek asylum in another country; and (iii) the influx into a country of a large number of migrant workers who come in search of better economic opportunities. The participants agreed that in such instances, the problems were often political and social and consequently not of a direct concern to the criminal justice system. Accordingly, there was agreement that the best way to eradi- cate criminality associated with migrants and refugees was to develop social, educational and health services rather than strengthening the means of law enforcement. Such problems as illegal entries, passport and visa violations, falsification of documents, and exploitation of labourers were examined. The major portion of the discussion centered on the greater incidents of criminality amongst migratory workers and a number of proposals were suggested that would increase the role of the United Nations to help combat these problems.

ITEM 8 -- Female Criminality The majority of the delegates who spoke on this item from non-socialist countries were prepared to admit that the rate of female criminality had increased much faster than the male crime rate during the last decade. A number of reasons for this apparent increase were suggested by the participants and the consensus appeared to be that this was an area that required a great deal of further exploration as to the causes of this phenomenon and the necessity to decide what should be done about it. 41

ITEM 9 -- Forecasting of Crime and Crime Control Problems In their discussion of this item, those countries that intervened dealt with the possibility of using modern forecasting techniques that predict the direction which criminality might take in the future. It was recognized that trends in crime and its control cannot be separated from the forecasting of economic and social trends in general. There was agreement on many of the issues concerning the forecasting and prediction of future crime trends. The questions asked include: (i) what are the best methods and techniques of forecasting in relation to crime and criminal justice; (ii) for what time framework should a researcher attempt to predict; (iii) what kinds of information are likely to be needed for making effective forecasts in the area of law and criminal justice; and iv) recognition was given to the fact that due to cultural differences a single model of forecasting would probably not be universally valid. The necessity to exchange information between countries was acknowledged. The role of the United Nations in setting up international collaborative machinery through such offices as the Crime Prevention and Criminal Justice Section, the United Nations Social Defence Research Institute, and the various regional crime prevention institutes was emphasized. 42

CANADIAN CONTRIBUTION The Canadian Delegation intervened on three of the nine topics dealt with in this section. The Canadian Delegation was aware that the reports of the Federal Law Reform Commis- sion had attached considerable attention in the world community. The initial intervention was made by Mr. Gilles Marceau who spoke on white-collar crime. Canada shared with other delegations concern for this form of crime. The Canadian position, which called for increased surveillance and enforcement of our laws on the subject, greater international co-operation, and,research to determine the deterrent effect of various forms of social control were similar to the comments made by other delegates. Mr. Gilles Marceau also spoke under Agenda Item 3, urging extradition as a means of dealing with transnational crime such as drug trafficking be employed to a far greater extent than it is now used. Mr. Marceau's comments, which are included in the report of the section, clearly state that drug offences should be included as extraditable offences. The Canadian position in relation to illicit trafficking of psychotropic substances placed the emphasis on treatment measures for the drug abuser and addict and, where possible, the development of preventative measures were in accord with what members of other delegations expressed on this subject. Mr. Marceau made an intervention on the subject of criminality related to motorized traffic. Essentially, the Cana- dian statement emphasized the continuing importance of the role of the police in dealing with regulation of traffic offences and crimes related thereto. The Canadian position in relation to the subject of 43 criminality associated with migration and flights from national disasters and hostility dealt more with the problems experienced by both the migrant and the immigrant and their involvement with the criminal justice system. We would concur that it should be made to help the migrant develop the necessary social, education and, if necessary, health resources to resolve this difficulty, rather than resorting to the sanctions of the criminal justice system. The Canadian position did not emphasize the role of the migratory workers to the extent that it was dealt with by other countries during the Congress. Mrs. Dorothy Betz intervened on the subject of female criminality. In her comments, Mrs. Betz asked the question whether or not the apparent increase in the rate of female criminality was related to the changing role of the woman in our society. Although Mrs. Betz's comments were of considerable interest to delegates from a number of countries, the subject matter on the floor tended to centre on delegates stating whether or not female criminality was, in fact, on the increase within their country. In relation to the last agenda item dealing with the forecasting of crime and crime control problems, we had anticipated that the interventions made by countries would focus on the need to move toward common definitions of what constitutes a crime and that there was a need for international co-operation and developing a common set of criminal statistics. The actual discussion at the Congress proved to be much more general, concentrating on the methods and techniques for forecasting, and did not deal specifically with the material with which the delegates had prepared. Conse- quently, no intervention was made. 4 4

SECTION CO-ORDINATOR'S REPORT

The subject matter of Section I was probably broader in scope than that of any of the Congress' five sections. The fact that it dealt with concerns of a general nature meant, of necessity, that the views expressed covered a wide range and it would be difficult to extract from the proceedings any one position that could be considered to have been the subject of a clear consensus. This divergence of views is reflected in the report which should be referred to for a more detailed account of the proceedings of the section. The fact that the section was also to consider the transnational aspects of crime added another dimension to the already broad frame of reference in which the group oper- ated. It was thought that this latter aspect could provide an opportunity for those delegations who were so inclined to politicize the discussion. This did not occur to any sus- ceptible to such politicization, was much milder than anticipated, and only a few of the Arab delegations made oblique references to the Middle East situation. Because the frame of reference for many of the items was ill-defined, statements on one item often dealt with unrelated subjects and the,Chairman frequently had difficulty in keeping speakers to the relevant issues, at least as those were defined by the Secretariat's background paper. The Canadian Delegation intervened on 3 of the 9 topics dealt with by this section. Two of the statements were de- livered by Mr. Gilles Marceau, M.P., Deputy Head of the Dele- gation. These related to the following: (i) criminality associated with alcohol and drug abuse (the Canadian statement focussed on extradition as a means of dealing with transnational crimes such as drug trafficking); (ii) criminality related to motorized traffic. 45

The Canadian statement on criminality related to motorized traffic emphasized the continuing importance, in the Canadian view, of the role of the police in dealing with regulation of traffic offences and crimes related thereto. This view was not contradicted in the recommendations in the report of Section I, although most of these dealt with decriminalization of minor offences, standardization of procedures in different jurisdictions and public education. The Canadian intervention on extradition was made under the agenda item on criminality associated with alcohol and drug abuse. The Canadian representative suggested that extradition was one means by which to inhibit drug traffic in its transnational context. To this end he expressed Can- ada's willingness to initiate new bilateral discussions on extradition treaties or renegotiate old ones, as well as our interest in examining the possibility of a multilateral convention on the subject. Similar views were propounded by the delegations of France, Jamaica and the United States among others, and was reflected in the recommendations in the report of the section on this subject. The intervention on female criminality (by Mrs. Betz) was well received and was the subject of many favourable comments from other delegations. Among these were the delegations of the U.S.A., Australia and several European countries, all of whom expressed keen interest in the subject and appreciation for the statement. The statement also aroused considerable interest in the press corps and other media representatives. As it turned out, many of the Cana- dian views on the subject, as expressed in the statement, were reflected in the final report. The subject proved somewhat controversial when it was discussed by the Section in the final report. A number of Socialist states suggested unsuccessfully that the Section delete those section paragraphs of the report which referred to the increasing problem of female criminality. Those 46 states took the familiar Socialist position that this was not a problem in their countries. It was obvious that this subject is one which will receive increased attention in future, particularly as it re- lates to the changing role of women in contemporary society. The Canadian Delegation did not intervene on any of the other topics on the agenda of Section I. Although the question of terrorism aroused considerable interest and was the subject of numerous statements, the delegation saw little purpose in a Canadian intervention in view of Mr. Allmand's press conference just previously and the discussion in other U.N. bodies (ourtel CRIMDEL GVA YTGR1815 Sept. 3/75). The debate revealed a wide conceptual divergence with respect to the definition of the term, with the Arab States and Cuba maintaining that it must be clearly distinguished from activity pursued in the interests of national liberation. Statements against violence of this type for whatever cause were made by the U.S.A., Japan and The Netherlands. It is worth noting the references made in this connection by Australia and several NGO's to an International Court of Criminal Justice, a subject which has been recently reviewed by the legal officers of several Canadian government departments.

CONCLUSIONS AND RECOMMENDATIONS Generally speaking, the Canadian Delegation was able to support and/or concur with the conclusions reached in this particular section. Of particular note was the Canadian intervention urging improved extradition procedures both on the bilateral and multilateral level and that such extradition procedures should include drug offences. Further, the Canadian proposal for consideration of an international extradition convention by the United Nations Secretariat was noted and 47 included in the report for that section. The Canadian Government should continue reviewing its existing extradition treaties to pursue the initiatives taken by the delegation at this Congress and to consider the possibility of extradition treaties on a multilateral basis. The apparent increase of female criminality will continue to attract attention both nationally and internationally in the years to come. The current task force established by the Ministry of the Solicitor General will no doubt make Canada a leader in its consideration of the unique problems posed by having more females become involved with the criminal justice system. The question of terrorism will undoubtedly arise in our relations with various bodies at the United Nations. The inability to distinguish between a political act of terrorism and a criminal act of terrorism appears to be at the root of the problem. On the one hand, the General Assembly has reaffirmed several times the rights of peoples to wage struggles of national liberation and consequently it is argued that blanket condemnation of all violent acts would impede this goal. On the other hand, the General Assembly has passed resolutions about increasing acts of violence that endanger or take human lives or jeopardize fundamental freedoms. It goes without saying that the implication of these discussions are far-reaching and Canada will need to consider this màtter in-depth, for no doubt it will have to be dealt with many times before the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. 48

INTERVENTION MADE ON SEPTEMBER 2, 1975 BY MR. G. MARCEAU, M.P. IN SECTION I OF THE FIFTH UNITED NATIONS CONGRESS ON THE PRE- VENTION OF CRIME AND THE TREATMENT OF OFFENDERS SUBJECT: EXTRADITION

Mr. Chairman, As in making plans for a trip, one learns something about the country he has chosen to visit; our respective governments have already made a number of important decisions in planning for this Conference. Now it remains up to us to work together in order that the best possible deci- s ions emerge from this Congress and to ensure that each country does its best to implement our conclusions as quickly as possible. The drug problem exists around the world in varying degrees. We Canadians must admit that we are not exempt from the problems that emerge from the abuse of drugs. Instead of describing the various methods which we use in Canada to solve our drug problems, I would like to make a number of proposals similar to those made by the French delegate, whose comments I endorse. I hope that my point of view will be shared by all countries. It appears to me that it is essential to look for, and if possible to find, a more efficient method of working with those offenders who are involved in drugs or who are drug addicts in order that they will not be able to evade the present legal sanctions, for it is in all our interest to find a way of dealing with them in our Criminal Justice System. Extradition is one way of reducing the drug problem, since it would reduce the number of persons who seek immun- ity for their offence by fleeing to another country. On the subject of extradition, Canada would like to 49 propose that, with the consent of the other distinguished members here today, the following recommendations would be included in the final report adopted by this section. Some of Canada's extradition treaties date back to the nineteenth century. At present we have signed extradition treaties with more than forty countries. To some degree, some of the treaties are no longer valid due to the constant changes in our laws, and the development of new forms com- bined with the increasing sophistication of the crimes. Canada has recently reviewed all of her treaties with a view to up-dating existing treaties or to conclude new treaties with other countries. Canada, in order to limit the places where criminals can find refuge and in keeping with our general priorities, is willing to initiate discussions on a bilateral basis with any country interested in entering into an extradition agreement with Canada. Canada, like all countries in the world, maintains international relationships in an atmosphere that has become more and more complex. This is the reason why the development of a greater number and more efficient treaties is essential to us. We know that this is a large task and one which we cannot hope to accomplish at one time. In our negotiations, we wish to introduce two new proposals. First, we wish to include in our extradition procedures crimes related to the trafficking of drugs as well as economic and fiscal offences. Secondly, we must not forget the importance of discussing with our colleagues means of.obtaining evidence from foreign countries. If such a proposal were adopted, it would permit us to pursue enquiries in co-operation with police forces from other countries where those criminals have taken refuge. We are aware, and believe that it is important to recognize the sovereign right of all countries that might conclude 50

treaties with Canada. There are many things that can be accomplished on a bilateral basis. However, allow me to express the hope that this Congress will encourage such efforts and that the Sec- retariat of the United Nations will agree to examine the possibility of a multinational convention on the subject in which all of the countries of the world could join. The adoption of such a project is, in our opinion, of high priority. I sincerely hope that other delegations will agree with me and that one of the conclusions of this Con- gress will be to express the urgency of this matter. Canada's voice is that of a young country and it does not want to teach anyone a lesson. Rather, we are looking for the co-operation of all countries in a manner where the human being, wherever he lives in the 'world, feels better protected and happier. Thank you, Mr. Chairman.

INTERVENTION MADE ON SEPTEMBER 3, 1975 BY MR. G. MARCEAU, M.P. IN SECTION I OF THE FIFTH UNITED NATIONS CONGRESS ON THE PRE- VENTION OF CRIME AND THE TREATMENT OF OFFENDERS SUBJECT: CRIMINALITY RELATED TO MOTORIZED TRAFFIC

Mr. Chairman, Members of Section I: I would like to address myself to criminality related to motorized traffic. The increase in vehicular traffic accompanied by rising numbers of serious traffic accidents in many areas, has resulted in the diversion of a high proportion of police resources to traffic control from the essential aspects of crime prevention and control. In Canada, the control of traffic is a shared responsibility between federal, provincial and frequently local or 51 municipal police forces. The Canadian Criminal Code has provision for such offences as Dangerous Driving, Impaired Driv- ing, Criminal Negligence Causing Death/Bodily Injury, Man- slaughter, and Driving While Prohibited. Provisions for such things as regulation of vehicies and equipment is the responsibility of the province and/or the local municipality. To the extent.that lives of people are involved, the control of traffic is regarded as a high priority police item. In many areas, police forces are co-ordinating through local citizens the enforcement of parking regulations (meter legislation) and the direction of traffic. In some areas police departments have been actively promoting the development of school patrols to facilitate the safe return of children to and from school. Jurisdictional differences between the Provinces is now the subject for a Federal-Provincial Committee which is endeavouring to do such things as standardize traffic signs and develop uniform legislation. In Canada, we feel that if police are removed from the control of motor vehicle offences, they would be removed from the investigation of offences which involve the protection of lives of citizens, a high priority task for the police. The police regard traffic control as a means of communication with the public. By being visible on the road, a number of offences are prevented. In addition, a number of other offences against the Criminal Code come to light when vehicles are stopped for a variety of reasons. In this way, even more offences are prevented. Accordingly, we believe that the police forces in Canada are presently and should remain an integral agency within the highway transportation system in order to ensure the expeditious movement of both people and goods. In many jurisdictions in Canada, ancillary personnel 52 are assisting the police in the enforcement of meter legislation and in the direction of traffic. The investigation of motor vehicle accidents is a function for both police and other parties such as insurance in- vestigators. Police should remain involved in the investigation of accidents since through analysis of events that lead to the accident, corrective measures may be taken. Police officers in many communities are actively involved in education programmes in order to demonstrate to the public the need for care and concern in the operation of motor vehicles. In short, police feel that they should stand behind any matter where the protection of lives is involved. Thank you, Mr. Chairman.

INTERVENTION MADE ON SEPTEMBER 4, 1975 BY MRS. DOROTHY BETZ IN SECTION I OF THE FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS SUBJECT: FEMALE OFFENDER

Mr. Chairman: I am pleased to have the opportunity to address a few remarks relating to the female offender. In my capacity as a court worker, I have daily contact with those persons, both male and female, who come in contact with our criminal justice system. Perhaps I might add some insight, or at least provide some food for thought, with respect to women who find themselves involved with the criminal law as offenders. In Canada, in recent years, there has been a substantial increase in the rate of female criminality compared with the corresponding increase in the rate of male criminality. We must ask--is this trend related to the changing role of women in our society? 53

-- a role which often has taken her out of the home to seek employment -- a role which has exposed her to the burdens and frustrations arising from the financial support of her family -- a role which provides increased opportunity to engage in criminal behaviour. At the same time, we must ask--are women in today's world more likely to be charged with the commission of a criminal offence? Has her new role decreased the gallant protection previously given by the police, the prosecutor and the judge? The female in conflict with the law has many needs, and presents many problems to those in the criminal justice system. A very high percentage of women incarcerated in our jails and prisons are for drug-related offences. Many of their offences are allegedly committed under the influence of a man to whom the woman is emotionally attached. On occasion, her conduct may be related to premenstrual tension. Since few women are incarcerated in Canada, severe problems arise because we do not have the facilities to incarcerate them near their own community. At the present time, there is only one institution in Canada for women sentenced to a term of more than two years. The concern of the Government of Canada with these and other problems is reflected by the fact it has named a national committee to report and make recommendations res- pecting women in relation to our criminal justice system. If improvement is to be made in that system, emphasis must be placed in the following areas: (1) the design and implementation of diversion programs, including the development of alternative community resources, such as probation hostels and community clinics; .54

(2) the concept of co-educational programs should be given careful consideration and study;

(3) involvement and participation is required by women (including inmates and ex-inmates) in developing and implementing programs sensi- tive to the needs of those experiencing diffi culties in getting along in our society; and (4) the incarcerated female must be kept as close as possible to her home environment. My experience has been in my day-to-day work dealing with offenders of the criminal justice system. As a mother of six myself, I realize the important role the mother plays in keeping the family unit together. My delegation expects that some of the suggestions I have made and those which have been made by others will be included in the report of this section. My Chairman, I have given but a brief outline. I, and other members of my delegation, would welcome the opportunity to discuss, in more detail, the problems of the female offenders with representatives of other countries who have a common interest in this area. Thank you.

INTERVENTION MADE ON SEPTEMBER 5, 1975 BY MR. G. MARCEAU, M.P. IN SECTION I OF THE FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS SUBJECT: "WHITE-COLLAR" CRIME

Mr. Chairman: This is not the first time I have had the honour of addressing the members of the Second Committee. In an earlier speech I discussed Canada's efforts to find alternatives to the criminal justice system for as many individuals as 55 possible, ensuring in this way either that they do not enter penitentiary institutions or that they do not remain in such institutions for long periods of time. Canada shares your concern with regard to the rising incidence of violence and organized crime. I believe that the increasing frequency and enormous cost of crime among so-called white-collar workers make it necessary to pay particular attention to this form of crime. Fraud is no creation of modern times; it is as old as society itself. The complexity of the rules and procedures of governments and business has widened the field of white- collar criminal operations. In the early days of Canada's history the great majority of offences took place in the context of an agricultural economy and a rural way of life. Living was simple and based on the principle of good neighbourliness. Rapid and ever-growing urbanization, with the factories, banks, transportation complications and assorted problems it brings in its wake, the impersonality of modern life and the mobility of a large percentage of today's population--all these phen- omena provide opportunities for many new kinds of crimes. To combat this trend we must be prepared to exercise constant and ever-increasing control over society, to define exactly what kind of relationships are permitted and to provide the public with increased protection against the many procedures employed to defraud, steal, misrepresent, and derive advantage from professional relationships. It is these crimes which produce what has become known as the white- collar criminal. No country, no section of society is protected against the perpetration of business-related offences. This situation is due to a number of factors, including: (a) the development of means of transportation and communication on a world scale, which naturally has encouraged white-collar 56

criminals to expand their field of operations to a point such that no one country can conduct a thorough investigation of their activities, because of questions of jurisdiction and sovereignty; (b) the existence of jurisdictional limits, inadequate extradition treaties, opposing legislation in the matter of evidence, and complex divisions of responsibilities with respect to the application of laws, all making the task of these criminals relatively easier; and (c) the fact that international law recognizes the right of a sovereign state to exercise exclusive authority and supervision over everything occurring within its territorial boundaries. In consequence, there is no legislative, executive or judicial control authority with the power to act quickly in the area of international penal law when an emergency arises. Canada has a number of recommendations to make on this subject and would like to see them included in the report of this committee.

(1) The different forms in which crime appears among white-collar people and the occurrence of these forms in societies at different levels of economic and social development should be compared. (2) Research should be undertaken to determine the effectiveness of various measures of social control in dissuading white-collar criminals from crime. These measures could include: 57

(i) community information programs on the seriousness and cost of white- collar crime, and studies to eval- uate these programs; (ii) criminal legislation providing varying degrees and kinds of penalties; and (iii) civil legislation. Efforts should be made to prevent white- collar crime by such as: (i) tightening the legislation regu- lating the conduct of businessmen and employees of corporations; (ii) increasing surveillance of the activities of businessmen and employees of corporations, as needed; and (iii) providing for stricter application of these laws. To this end, we recommend the training of a body of adequately-qualified personnel to ensure the effective application of these laws. Work is needed on mechanisms for international co-operation in matters relating to judicial investigations, to the application of penalties and to extradition treaties for crimes having economic repercussions beyond international boundaries. VI REPORT OF SECTION II CRIMINAL LEGISLATION, JUDICIAL PROCEDURES AND OTHER FORMS OF SOCIAL CONTROL IN THE PREVENTION OF CRIME

SUMMARY OF DISCUSSIONS The section decided to discuss the problems in the following order: (1) the crisis in the penal system--the nature and cause of the problems faced by various countries; (2) the role of criminal law in crime prevention; (3) short and medium-term reforms of the penal code; (4) reforms of criminal procedure to ease congestion in the courts; and (5) non-legal aspects of crime prevention. In accordance with Rule 14 of the Rules of Procedure, the Secretary-General designated in advance of the Congress a Chairman, Vice-Chairman and Rapporteur for each .of the five sections. These officers were confirmed by the Con- gress at the initial plenary meeting.

Chairman Abdoulaye Diop (Senegal)

Vice- Chairman Keppel Enderby (Australia)

Rapporteur Sévérin-Carlos Versele (Belgium) 59

Panel Guido Gonella (Italy) Nils Christie (Norway) Jorge Montero Castro (Costa Rica) Tolani Asuni (Nigeria) Erich Buchholz (Federal Republic of Germany)

Consultants Abdalla Shiddo (Sudan) Orlando Contreras Pulido (Venezuela) Constantijn Kelk (Netherlands) John Hogarth (Canada) Christian Nils Robert (Switzerland)

Secretary-General's Representative Antonio J. Uy

Secretary Arkadij Nekrassov

Social Affairs Officer Johanna Van der Varrt

• ITEM 1 -- The Crisis in the Penal System: the Nature and Cause of the Problems Faced by Various Countries The section recognized that a crisis did exist, but there was some debate as to its importance. One thing was clear, however; in spite of law and prison reforms and the resources devoted to research into crime prevention and the treatment of criminals, statistical evidence from many 60 countries showed an increase in both the incidence and the gravity of delinquency. The section finally came to the conclusion that radical changes in crime prevention policy were, in the long run, essential and that plans for a more rational and more demo- cratic policy should be considered. Hastily conceived reforms designed to deal only with temporary situations should be avoided. Changes in the system of criminal law should be made in order to adapt it to present social needs, to the wishes of the population in general, and to the requirements of scientific assessment of needs and resources in the field of crime prevention and control.

ITEM 2 -- The Role of Criminal Law in Crime Prevention In this item, delegates stressed that most criminal justice systems were equipped to handle "ordinary" crime and even violent pathological behaviour. It was noted, however, that in most countries the legislative body and the law enforcement agencies were still without the resources and legal provisions needed to fight international crime, organized crime, corruption, white-collar crime and corporate offences. It might be said that, in general, the public, the various legal professions and the politicians were becoming increasingly aware of the legal system's inability to prevent and control crime and to protect society effectively. Recent studies have clearly shown that the administration of justice had certain unforeseen and unsuspected negative effects. The character of a penal code was determined by the sanctions it imposed. These could become a source of suffering for offenders either in the form of penalties designed to reform them and to stop them from harming others, or as a part of a general or specific crime prevention policy. It must be admitted that although the penal code might make social injustices more acute, it did not create 61 them, nor did it necessarily make them more acute. Recent research into the operation and the effects of the penal system had nonetheless brought out certain other drawbacks which had previously passed unnoticed or had been underestimated; these affected not just the individual criminal but society as a whole. Thus, the section concluded that long-term reforms of the administration of criminal law were necessary.

ITEM 3 -- Short and Medium-Term Reforms of the Penal Code On this question, the section was of the opinion that if the list of criminal offences was to satisfy present social requirements, it was necessary to get rid of the "dead wood" first by removing certain crimes and penalties from criminal law, and secondly, by introducing new criminal offences. In removing certain crimes and penalties from criminal law, the authorities would not be condoning the acts concerned, but would simply be trying to ease the load on an over-burdened judicial apparatus by ridding it of minor offences that did relatively little harm to society. Acts no longer subject to penalty would fall under the jurisdiction of agencies in closer contact with the general public, whose more flexible procedures would permit a more appropriate response to specific circumstances.

ITEM 4 -- Reforms of Criminal Procedure to Ease Congestion in the Courts On this subject, the section insisted that authorities should not automatically set the long drawn-out legal process in motion to deal with an offence. They should be able to hand the case over to non-legal services. Socialist countries and those where common law was practised could provide many examples of this procedure and could inform a:wider 62 audience of the results their non-legal solutions had had. These solutions were characterized by the fact that they were implemented directly by organizations which, though often un- official bodies, were deeply rooted in popular tradition. Admittedly, this approach could be taken only in the case of minor offences, which lent themselves to action on a social level rather than resorting to criminal proceedings which sometimes had negative results. However, such decisions could be made only with the consent of the person who committed the act, since he must be granted all the rights of a defendant and, in particular, re- course to a trial if he so wished. It was noted that removal of an offence from criminal law would be called for especially when, as was the case in several common law countries, it was standard practice to compensate the victim. The industrialized nations could also give consideration to using procedures for compensating victims as a means of replacing the more punitive aspects of their judicial system. The section also acknowledged that in so far as the vast majority of suspected and accused persons was concerned, temporary detention should be imposed only in really exceptional circumstances. The law should establish strict conditions and limits for pre-trial detention, and should ensure that any extension of the detention period and the reasons given for the issuing of a warrant of arrest were subject to judicial approval. Since he was presumed innocent until proven guilty, any person temporarily detained should ideally be treated as leniently as possible, especially with regard to contacts with his family and his lawyer. Finally, the section recommended that magistrates avoid making any decisioa of a discriminatory nature that might result in certain accused persons--aliens, non-conformists, poor people--being detained before trial more easily and for 63

longer periods than other people.

ITEM 5 -- Non-1ega1 Aspects of Crime Prevention The section noted that certain Scandinavian countries were tending to change from a centralized judicial system to a decentralized system, from the administration of justice by professionals to non-professional participation, and from criminal to civil law. Those who advocated such changes nevertheless recognized that society, particularly in industrialized countries, would always need certain centralized criminal justice services like police, courts and prisons, since laws must be applied consistently and abuseef power at the local level avoided. In departing from standard practice, there was also a risk of endangering the citizen's constitutional rights. It was noted that those concened with law reform should make sure that changes in established procedure did not diminish the rights guaranteed to citizens by national constitutions and stated in the Universal Decla- ration of Human Rights. Any change that produced such a result would betray the very purpose of reform. To sum up, the section concluded that there was a de- sirable trend toward decentralizing criminal law and assign- ing certain tasks to other community organizations in the fight against crime. In delegating or extending the functions of criminal law to other legal bodies, to public and private organizations and to society in general, it was im- perative to ensure on the one hand that controls remained as tight as possible, and on the other that discrimination and public disgrace were avoided as much as possible. In fact, citizen participation in criminal law, like any other social activity, presupposed at least some understanding of the standards on which it was based, and at least some attempt to adhere to them. Citizen participation in the actual application of the law, in legal decision-making and in the 64 administration of the prison system--on a jury or parole board, for example--was of little use unless the principles and procedures of the judicial system were accepted by the society that the non-professional participants were supposed to represent.

CANADIAN CONTRIBUTION Canadians made a very large contribution to the work of Section II, and in particular to the discussion of Items Three and Four on the agenda concerning reform of the penal code and procedures to ease congestion in the courts. In the first place, the working document made numerous references to the work of the Law Reform Commission of Canada on sentencing and diversion. It should be noted that in the context of the two items mentioned above, the working document was based largely on Canadian ideas. Secondly, we were very fortunate indeed to have Profes- sor John Hogarth, who is internationally known for his study of the sentencing process, as a guest panelist in Section II. In his paper, Professor Hogarth was able to impart some extremely original ideas and referred extensively to the Cana- dian situation. Thirdly, Mr. John Ekstedt, a member of the Canadian Delegation, was invited to give a paper on diversiOn. His paper, which naturally reflected the ideas in the report of the Law Reform Commission of Canada on the subject, created widespread interest. Finally, Mr. Gilles Marceau, another member of the Cana- dian Delegation, gave a paper on diversion with special reference to the practical aspects of this approach and in particular to what is actually happening in the courts and in the area of corrections. To sum up, we may say that the Canadian Delegation made a substantial contribution to Section II, giving papers of a 65 scientific and a practical value.

SECTION CO-ORDINATOR'S COMMENTS The rapporteur's report gave rise to some stormy debate. We should first of all point out that the rapporteur, in this instance Mr. Versele from Belgium, had his report turned down by the section, and as a result the participants, unlike those in the other sections, did not discuss the report paragraph by paragraph. Only the conclusions and recommendations made in paragraphs seventy-four, seventy-five and seventy-six were discussed and then approved and adopted by the section. We should make it clear that according to article eleven of the Rules of Procedure, the report remains the responsibility of the rapporteur, but the conclusions and recommendations, on the other hand, must be submitted to the section for approval and adoption. The report was not accepted because it seemed, to many delegates, to place too much emphasis on the advantages of social justice and magnified all the deficiencies of criminal law as it is presently administered. It was for this reason that the report was turned down, in spite of agreement on the conclusions and recommendations which, while insisting on an increasingly important role for social justice, do suggest that we move forward in stages. In short, the report does not recommend that every element of criminal law be eliminated. We must preserve the positive aspects while rejecting those which seem negative. We must gradually move toward a more social system of justice which gives proper consideration to the aspirations and wishes of the public, and encourages the latter to play a more active role in the administration of justice. 66

CONCLUSIONS AND RECOMMENDATIONS

Between now and the next congress in a few years' time, we should make every effort to implement the conclusions and recommendations approved by all countries, which are stated in chapter six of the rapporteur's report. It is important that, in keeping with the trends evident in those conclusions and recommendations, we should introduce a system whereby criminal law in Canada is constantly re- assessed in the light of changing social needs. We shall 1 have to see to it that outmoded laws and institutions are replaced. Using the Law Reform Commission's Report on diversion as a model, we should also seek community support more frequently in setting up programs for crime prevention and the treatment of offenders. Though this may be a rather lofty ideal, it has, fortunately for Canada, already found acceptance through the work of John Hogarth and the Law Re- form Commission, to mention only two, and through the highly promising results obtained in actual programs. We therefore feel that Canada can go a long way in the next few years toward meeting the objectives of the Fifth Congress in the field of criminal law and being able to tell the world, at the 1980 conference in Sydney, Australia, about the progress Canada has made in this crucially important area.

INTERVENTION MADE ON SEPTEMBER 2, 1975 BY THE HONOURABLE W. ALLMAND IN SECTION II OF THE FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS SUBJECT: DIVERSION

Mr. Chairman, Members of Section II: I would like to take this opportunity to share with you some observations on imprisonment and diversion from prison. If I understand correctly, we have gathered together from all parts of the world to learn from each other in our efforts to 67 improve our criminal justice systems. In the working paper prepared for this agenda item, reference is made to the work of the Law Reform Commission of Canada, in the area of diversion. I would be most interested in hearing your reaction to the various types of diversionary programs, and the criteria for altering the procedures in our system of administering criminal justice. As several delegates have already mentioned, the purpose of our criminal justice systems is to protect the public against crime--to reduce and, if possible, prevent crime. This is pursued primarily by preventive measures and second- arily for those who have committed crimes by corrective measures. In the past, in Canada, we thought that imprisonment was an appropriate means of correction. Today, that is not so. We believe that not only did we fail to rehabilitate in prison but very often prison inmates became better and more hostile criminals by the time they were released at the end of their sentence. After all, the purpose of criminal justice rehabilitation should attempt to prepare the individual to live res- ponsibly in a free society. Since the traditional prison is not a free society, you cannot expect to prepare a person in such an atmosphere for a productive, responsible life outside prison. As a result, we believe that if we are truly interested in correcting and rehabilitating an offender, as well as protecting society, we must try to accomplish this outside prison. The prison will still be necessary for very violent offenders but it should be the exception in criminal justice rather than the rule. We might start a rehabilitation program in a traditional prison but we certainly can't complete it there. The quicker we can move into a more open community, the better it will be. In Canada, we have been moving more and more to programs which divert from prison, both at the beginning and at 68 the end of sentence. Our recent statistics indicate that approximately 60 percent of those convicted of criminal offences have not been given prison sentences--they have been given sentences of probation, suspended sentences, fines, or absolute or conditional discharges. At the present time, we are considering extending this to include sentences to reimburse or restore the victim or to do community service. We have also adopted the policy of intermittent sentences by which a convicted person may serve a prison sentence on weekends or holidays. At the end of a sentence which does involve prison, we are attempting to expand diversion through a more effective use of parole, the use of temporary absence passes to visit families, to go to work, to school, or to other worthwhile events in the community. (Last year 60,000 passes--99% success.) We have also a program of gradual release, whereby an inmate is moved gradually from a maximum (walled or fenced) institution to a medium and then to a minimum security institution which is neither walled nor fenced. Diversion in criminal justice is nothing new. For many years, juveniles, to a certain extent, have been diverted. We like to believe that those whose criminal behaviour arises from mental disability, alcohol or drug addiction, rather than inherent vice, should be diverted. What is new about diversion, is a result of two factors: first, acceptance of the fact that traditional means of correction aggravate rather than reduce criminal tendencies; and second, that the criminal justice system is hopelessly overloaded with clients with whom it is not competent to deal. The use of Œ.indnal justice facilities for minor trans- gressions reduces sharply its capacity to deal with those that constitute a clear and present danger to society. But diversion cannot only be "from" something; it must 69 be "to" something. If less serious offenders are better dealt with by services other than corrections, these services must be brought into being, supported and given a chance to prove their effectiveness, otherwise the public will never accept the concept of diversion. Mr. Chairman, I hope these observations will be of use to some delegates and I would like them to know that we in Canada would be interested in learning more about their experience in diversion. Thank you.

INTERVENTION MADE ON SEPTEMBER 4, 1975 BY MR. G. MARCEAU, M.P. IN SECTION II OF THE FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS SUBJECT: ALTERNATIVES TO IMPRISONMENT AND FACTORS IN CORRECTIONAL PROBLEMS

Mr. Chairman: In Canada we believe that there has been an over- reliance on the criminal law as a means of dealing with a multitude of social problems. The result has been an excessive pressure on all sectors in the criminal justice system, lessening its capacity to deal effectively with serious crimes. At the same time, individual citizens and communities have progressively been removed from participation in the resolution of a wide range of social problems which directly affect them. Because of this over-use of the criminal law process there is a need in Canada to provide the components of the criminal justice system with a more diversified range of intervention measures and resources to assist them in the exercise of their present functions. There is also a need to encourage more community management of social problems. The reliance on the traditional adversary process should be 70 limited to serious offences and conflicts. Restraint in the use of criminal law could be employed in several ways, including: (a) formal criminal justice diversion; (b) selective decriminalization; (c) alternatives to the criminal court either in- side or outside of the "formal" system, e.g., the setting up of an administrative tribunal or conciliation and problem settlement program with the co-operation of the police or prosecution level; (d) community alternatives--such as increased use of fines, absolute and conditional discharges probation, reconciliation and restitution to the victim, community-based correctional measures and community service orders. Many benefits relating to effectiveness, economy and humanitarianism can, to varying degrees, be achieved through such methods. Incidents in which there is a relationship between the victim and the offender, e.g., traffic offences, family disputes, misuse of alcohol or drugs, incidents involving mental illness or physical disability might be handled more appro- priately by an administrative tribunal or by referral to the community's social, medical or educational system, to some form of mediation or conciliation program, or absorbed totally by the community. Should a decision be made to use the criminal process, prison commitments for most offenders should be avoided or at least abbreviated. This should not result in a significant loss of public protection. It is believed that imprisonment could be restricted to: 71

(a) threats of, or incidents involving direct harm to the lives or personal security of others; (b) for purposes of denunciation; (c) for non-compliance with community-based sanctions. These suggested approaches have important role implications for community social agencies, education, and other community-based services, as well as for the government. Better use of existing services and perhaps development of new services, including expanded use of volunteers, would be required. Mr. Chairman, our Federal Law Reform Commission has done a great deal of work. A number of their proposals are contained in the Document prepared for Agenda Item II of this Congress. I would be most interested in hearing your reaction to the various types of diversionary programs and the criteria for altering the procedures in our system of administering criminal justice. Thank you, Mr. Chairman. VII REPORT OF SECTION III THE EMERGING ROLES OF THE POLICE AND OTHER LAW ENFORCEMENT AGENCIES, WITH SPECIAL REFERENCE TO CHANGING EXPECTATIONS AND MINIMUM STANDARDS OF PERFORMANCE

SUMMARY OF DISCUSSIONS The members of Section III agreed to discuss the problems in the following order: (1) police professionalism and accountability; (2) police recruitment and training; (3) police response to changing forms of criminality; (4) police/community relations; (5) private security organizations; (6) police involvement in the formulation of legislation; (7) international police co-operation; (8) the present and future role of the police; (9) international code of police ethics; (10) torture. In accordance with Rule 14 of the Rules of Procedure, the Secretary-General had previously designated the following persons as the officers for Section III:

euriman Sergio Garcia Ramirez (Mexico)

Vice- Chairman Essa Shuaib Al Ali (Kuwait)

Rapporteur John Philip Stead (United Kingdom) 73

Pane/ G.A. Da llow (New Zealand) Aemar Seno Adji (Indonesia) Egon Schlanitz (INTERPOL) Kaxumi Ito (Japan) Gezo Katona (Hungary)

Consultants Walter Stansfield (United Kingdom) Hafiz S.D. Jamy (Pakistan) Robert Stewart (Canada) John Hogarth (Canada) Arne Baun (Denmark) John Horan (USA) Tibamanya Mushanga (Kenya)

Secretary-General's Representative Maxime Tardu

Secretary Adrian Brown

Social Affairs Officer James Currie (Canada)

ITEM 1 -- Police Professionalism and Accountability The inclusion of this subject on the agenda marked the first occasion in which a United Nations Congress had 74 examined the roles of police and other law enforcement agencies. There was a consensus on the need to recognize police professionalism with all that the word implies in connection with experience, responsibility, ethics and service. Many delegates suggested that the police officer of today was not only a recipient of orders, but a person who needed to understand the rationale of what was being asked of him. There was agreement on the need for more selective recruitment and the necessity of demanding higher standards of training and education for recruits. Since every police officer was a member of the community and, as such, was affected by com- munal values, police should seek to have more social responsibilities in their day-to-day task. Some of the ways in which this aspect of the job would manifest itself would include the effective use of community resources, resistance to political influence, development of crime prevention programs, responsible accountability to appropriate authorities and to develop a role in the development of adequate laws and the code of ethics for their own operations.

ITEM 2 -- Police Recruitment and Training In general, the countries that intervened on this subject called for a careful selection, screening and training of police personnel bearing in mind the social and financial conditions within the individual country. There was agreement that members of the police should represent the interests of the community and that candidates for police service should meet cultural and educational standards that would permit them to perform their duties in an effective manner. Comprehensive instruction in such subjects as law, human and constitutional rights as well as the behavioural sciences should be mandatory if the police are to be expected to gain the confidence of the citizens they serve. Further, the need for the training to be thorough and to continue 75 throughout their career was given wide support. Many delegates spoke of the various types of specialized training that were taking place in various parts of the world. Par- ticular attention was paid to the problems posed by threats of violence arising from family disputes. There was a suggestion that the United Nations should establish an international police academy that would co-ordinate, develop and support professional police training and standards. It was observed that INTERPOL was already undertaking this task in certain specialized areas. A number of delegates expressed the importance of the "users" involvement in the curriculum planning in order to ensure that training provided would meet financial needs. A few delegates urged the recruitment of police recruits who were oriented towards a provision of services to the community rather than to a legalistic enforcement of the laws and in this way, police forces would become an integral part of the community itself.

ITEM 3 -- Police Responses to Changing Forms of Criminality The police are the principal organ of the criminal justice intake system. The police are continually faced with the necessity to maintain some balance between the community's demand that they control old and new forms of criminality, and combine that with today's general concern for individual rights. As a consequence, it is necessary that police personnel be endowed with objectivity, social awareness and good judgement. Further, it was suggested that people in the criminal justice system should be the main vehicles of progress other than simply authorizing additional rules and regulations for the day-to-day management of police forces. A number of delegates spoke of the need to develop objective methods and measures of the efficacy of crime 76

preventive programs. All too often the effectiveness of the police force is measured by clearance rates rather than by the wide variety of other services which most police forces provide. In the discussions drug trafficking, "white-collar" crimes, frauds, laundering and other fiscal offences, hos- tage taking, and skyjacking of aircraft were mentioned as but a few of the areas where specialist police units need to be established to undertake investigations. A number of countries have begun to use computers as an aid in crime detection. Advances in the area of forensic science, lab- oratory techniques, alarm systems and other electronic devices were mentioned as evidence that police are availing themselves of technological advances. In these discussions, it was abundantly clear that different countries at different stages of development had widely differing problems of criminality.

ITEM 4 -- Potice/Community Relations All of the countries who addressed themselves to this topic agreed that a police force could not perform its duties successfully without the support of the people whom it served. Necessity for the police force to continually interpret to the community its function was stressed. This is particularly so because the concept of decriminalization of certain offences were freeing police to concentrate on more serious forms of crime. A judicious use of police discretion could offset the ill effects of laws which were either obsolete or, for a variety of reasons, difficult to enforce. The use of police discretion should be kept within certain limits and one way that was suggested of doing this was to ensure that police policies were in harmony with the component parts of the criminal justice system. This, in turn, should be monitored by means of a continuous dialogue with the local community. In this way, it was hoped that 77 the police would achieve the support of the public, which is absolutely essential if they are to do their work. In order to accomplish these ends, many police agencies have developed team or neighbourhood policing. The principal goal here was for the police officer to become a part of, and not apart from the community that he was to serve. The role of citizen police boards and community crime prevention panels were mentioned as two methods through which police officers, on a local basis, could establish links with the community and thus facilitate lines of communication with local citizens. The role of the media was criticized by some in that they felt too much emphasis was placed on the repressive aspect of police work and tended to portray dramatic and violent .aspects of police functions rather than on the service orientated duties performed by most police agencies. It was suggested that it was necessary for citizens to refuse to tolerate crime and to recognize that they would have to make personal contributions to crime prevention before crime rates could be reduced. A particular concern was expressed for the young person who openly displays a disdain for authority and in general portrays a declining respect for law and order. Again, it was mentioned that crime and violence were community problems and that members of the community should be involved in any efforts to resolve these problems. In conclusion, there was agreement that the police should be worthy of the co-operation they sought and should, by their conduct, demonstrate their dedication to the safety and best interests of the citizens they serve.

ITEM 5 -- Private Security Organisations The countties which spoke on this subject indicated that a reputable private security firm played a useful part 78 in the prevention of crime and in some respects compensated for the limitations of the manpower and other resources of the police. The rapid growth of such organizations reflected the extent of crime. There was agreement that the major functions of a private security company were to prevent, to detect, and to report to the police criminal acts concerning private property as well as protecting that property against fire and frequently controlling access to the property. Since their functions differed radically from those of the police, it was felt that private security personnel did not, therefore, require the same lengthy training required for police officers. There was recognition of a need for adequate control of private security organizations and a recognition of the need for a co-ordination between private security firms and the services provided by the police. In a few instances, the view was expressed that the security industry serves only minority groups and that because of this its existence could not be justified as it was the State's duty to guarantee the security of all citizens.

ITEM 6 -- Police Invoivement in the Formulation of Legislation Although law making and law reform was the business of the entire community and not of one professional group, it was generally conceded that the police were in a unique position to contribute to the development of legislation. The continuing presence of the police gave them a unique opportunity to monitor the impact of legislation on crime and to the community. Police forces then have the potential to act, both as a thermometer and a barometer of social change. As a consequence, many delegates suggested that police should have a greater involvement in policy making for the whole criminal justice system. Some delegates spoke of the alien- ation and frustration experienced by police in some countries in relating to the judicial and correctional components of 79 the criminal justice system. There was a consensus that if the police were taken into a partnership in the legislative process, the amount of frustration would be reduced and the expectation would be that a more balanced criminal justice policy would be developed. Further, a number of delegates expressed the idea that police should not only be consulted in the drafting of legislation, but that they should endeavour to initiate legislation where they felt it to be needed.

ITEM 7 -- International Police Co - operation It was obvious from the comments of the delegates who intervened on this subject that if the police forces of all nations were to deal effectively with new forms of crime brought about through the rapid development of communication and transportation facilities, different means had to be found to improve and expand police co-operation on an international scale. Further, all speakers on this topic agreed that this co-operation would be best if channelled through the international criminal police organization known as INTERPOL. At the present time, INTERPOL co-ordinates the activites of 120 countries and encouragement was given for member states of the United Nations to become members of INTERPOL. If all member nations were to become members, this would facilitate on an international basis police co- operation in that it would at least provide for an exchange of criminal intelligence. Multinational discussions on the issue of extradition should be held in order to make gains on such crimes as the international illegal traffic in nar- cotics and fiscal and economic crimes.

ITEM 8 -- The Present and Future Role of the Police A large number of countries spoke on this subject. While there was no consensus of opinion on the role of the 80 police, there were many indications of the directions in which police forces were developing. Of these, perhaps the most significant was a world-wide desire for police and public to be integrated. To this end, it was necessary for police to be responsive to social change. Recognition was given to the fact that with the increased technological advances there was a tendency within many police forces to create specialist branches. A number of participants saw considerable danger in moving in this direction. The conclusions reached seemed to be that it is not more but better trained and better equipped police which is required for appropriate response to community needs of the future.

ITEM 9 -- International Code of Police Ethics By resolution 3218 of the 29th General Assembly of the United Nations, this Congress was requested "to give urgent attention to the question of the development of an international code of ethics for the police and related law enforcement agencies." A draft code of police ethics had been developed and was presented to the delegates for their consideration. This code of ethics inspired much discussion and it was generally agreed by speakers on this subject that the development of an international code of ethics under the auspices of the United Nations was indeed a positive step. One country introduced another draft code which might stress on the specific prohibition of torture, which, as the chairman noted, was a major topic to be discussed in Section IV. After considerable discussion, there appeared to be a consensus of opinion that there should be further expert consideration of the matter. Accordingly, the chairman proposed the following motion: 81

that the General Assembly of the United Nations be requested to establish a committee of experts to study the question of an international code of police ethics and within one year prepare a new document to be considered by the competent organs of the United Nations. The General Assembly may wish to consider the feasibility of regional groups drafting preliminary documents for the use of the committee of experts. Such groups should consist of representatives who would reflect the cultural and legal system of each region.

In spite of the very insistent objections from Cuba and Czechoslovakia, this proposal was adopted.

CANADIAN CONTRIBUTION In preparation for the Congress, Cabinet approval had been given to allow Canada to support the development of an international code of police ethics as drafted by the working group of experts. Were the Congress held in Toronto, Canada would no doubt have been prepared to sponsor or co- sponsor a resolution to this effect. Assistant Commissioner Pritchett intervened in the meeting to urge those countries present to adopt this international code of police ethics and in doing so indicated Canada's endorsement of the proposal. The Canadian Delegation was prepared to enter into full discussions with other delegations on such matters as police citizen involvement, police training, priorities in international law enforcement, priorities in policing, private policing and the role of the police. A review of the preparatory materials would indicate that Canada is in general agreement of the need to develop programs that foster the willingness of the citizens to share with police a responsibility for law and order, of the necessity to continue to strive to improve selection and training methods and procedure; of the necessity to co-operate on an international level with other police forces to prevent and to bring about the apprehension of such persons who are involved in drug 82

trafficking, commercial and other fiscal and economic offences, as well as international terrorists; and of the necessity to develop evaluation devices; and further, of the need to co-operate with private security companies. As a consequence, the only other intervention made by / the Canadian Delegates in this section was by Assistant is Commissioner Pritchett, who spoke on the matter of extradition under the heading of International Police Co-operation.

SECTION CO-ORDINATOR'S REPORT

KEY ISSUES

(A) Police Professionalism and Accountability Interventions: 8 countries

Recommendations: General recommendations dealt with the need for immediate police professionalism. Suggestions for developing professionalism included: (1) higher standards of training and education; (2) more selective recruitment; (3) involvement in the development of legislation; (4) police should seek to have more social responsibilities; (5) demonstration of effective use of resources; (6) resistance to political influence; (7) in-service personnel development; (8) effective administration; (9) crime prevention programs; (10) responsible accountability to appropriate authorities; (11) development of adequate laws; (12) development of a police code of ethics. 83

One specific recommendation called for the creation of an international police academy which will co-ordinate, develop and support professional police training and standards. (PERu)

(B) Police Recruitment and Training Interventions: 5 countries and one panelist

Recommendations: In general, all interventions on this subject called for careful selection, screening and training of police personnel with particular reference to the social-financial conditions within the country. Specific suggestions included: (1) waiving of some requirements for the recruitment of minorities; (2) employment of women to handle desk jobs in order to free men from the field; (3) training in crisis intervention; (4) use of community education resources in train ing; (5) development of people-oriented police forces rather than law-oriented; (6) training in crime prevention; (7) development of education courses in basic human rights; (8) expansion of courses for police at the international level while recognizing that regional differences limit subjects. A specific suggestion called for the development of a national institute for law enforcement and criminal justice which could take responsibility for international training and assist those less advanced countries in developing programs. 84

Recommendations: In general, all interventions recognized the need for police to respond to changing forms of criminality through the use of enlightened training methods, advanced technical resources and involvement in the develdpment of adequate legislation. Specific suggestions included: (1) centralized police academies; (2) crime prevention programs; (3) public involvement in crime prevention; (4) advanced education in the social aspects of policing; (5) public education in changing forms of criminality; (6) development of specialist groups for frauds, drugs and economic crimes. One specific suggestion called for the development of an international academy on criminology which would promote police co-operation in responding to international crime.

( NIGERIA )

(D) Police Community Relations Interventions: 11 countries

Recommendations: In general, all interventions dealt with the subject of police community relations in terms of an objective for solving problems both for the police and the public. Specific suggestions included: (1) development of crime control systems which would involve all community organizations; 85

(2) development of police forces which are responsive to the community; (3) education programs for young people on the role of the police; (4) development of police forces that respond to the social, economic and political conditions of the community; (5) development of policing methods which deal with the criminal rather than crime. The bulk of comments on this topic were made by socialist countries which described the development of their system as the basis for good police-community relation.

(E) Private Security Organizations Interventions: 6 countries

Recommendations: In general, comments on this subject recognized the in- evitability of private security organizations and the fact they overlap in many areas with the role of the police. Specific suggestions included: (1) need for adequate control; (2) need for proper training for private police personnel; (3) need for co-ordination between private security organizations and police services; (4) lack of guarantee in respect to the work of private security organizations.

(F) Police Involvement in the Formulation of Legislation Interventions: 6 countries, one panel member

Recommendations: It was generally agreed by all countries which made 86 interventions on this topic that since the police were involved in the application of the legislation at the most basic level, they have developed a unique understanding of the nature and applicability of legislation and should be involved in its formulation. Specific suggestions included: (1) police should comment on all drafts of law before its finalization; (2) police should sit on royal commissions seeking solutions to problems; (3) police should be involved in drafting legislation which deals with youths and social problems; (4) police should not only be consulted in the drafting of legislation but should also initiate such needed legislation as is required.

(G) International Police Co-operation Interventions: 9 countries Canada's intervention on 'extradition' is in Section E of this chapter. Recommendations: All speakers on this topic were agreed that the international police co-operation displayed by police forces through INTERPOL (I.C.P.O.) is extremely valuable and must be continued and expanded wherever possible. All speakers expressed satisfaction with the assistance received from INTER- POL. Specific suggestions included: (1) the encouragement of member states of the United Nations to become members of INTERPOL; (2) participation in INTERPOL is the greatest link for international police co-operation; 87

(3) development of bilateral agreements for the exchange of criminal intelligence; , II (4) the extradition of criminals is absolutely essential in combatting organized crime. The specific recommendations made by Canada called for multinational extradition treaties for dealing with international criminals in the area of drug trafficking,- fiscal and economic crimes.

(H) Present and Future Role of the Police Interventions: 17 countries Recommendations: All speakers on this topic were unanimous in supporting the need for the police to continue and increase their efforts in adapting to changing criminal patterns. Specific suggestions included: (1) it is essential to find methods of keeping the policeman on the beat occupied and interested, as a primary police contact with the community; (2) the prevention of juvenile delinquency is an essential ingredient in the role of the police; (3) it is necessary to integrate the police and the public in a manner that will extend the 1 borders of social and economic justice; (4) the establishment of a just society is a pre- requisite to crime control.

(I) International Code of Police Ethics Interventions: 20 speakers On this subject, Canada made an intervention. Recommendations: 88

Notwithstanding two very insistent objections from Cuba and Czechoslovakia, it was generally agreed by the speakers on this topic that the development of an international code of police ethics through the United Nations is a positive step. Caution was recommended by all speakers in the formulation of such a code because of the wide regional dispari- ties between member nations. Specific suggestions included: (1) that a code provide standards for all occa- sions; (2) that a world code of police ethics is important and should be studied at great length; (3) a statement saying torture is not acceptable is irrelevant unless accompanied by sanctions; (4) that the draft code of police ethics and the draft code submitted by the Netherlands be integrated and amalgamated as part of an international code of police ethics; (5) that a study committee of the United Nations be formed to develop an international code of police ethics; (6) the Chairman suggested that the Secretariat submit points made in the discussions to the Steering Committee for the Congress, with a view to establishing a Committee to draw up a new draft code. Note: agreed by members present. After considerable discussions by the member states present, it was agreed that all draft documents for a code of police ethics submitted to the Congress be included in any considerations by a United Nations Committee developing an international code of police ethics. A consensus was reached on the following proposal by the Chairman: 89

that the General Assembly of the United Nations be requested to establish a committee of experts duly constituted and composed, so that the Committee within one year can study the subject of an International Code of Police Ethics and prepare a draft document by the competent Committee of the United Nations.

The specific suggestion made by Canada is in Section F of this chapter.

(J) Torture Interventions: 5 speakers Recommendations: This topic was not one of the key issues for Section III and was therefore given a limited amount of time because of its further discussions in Section IV. The paper presented by the Working Group of member nations which had been established at the first plenary session of the Congress formed the basis for initial discussions on this topic and is attached as Appendix 'C'. Specific suggestions included the following: (1) that negligent acts resulting in torture should be included in any statement on the subject; (2) further development of international co- operation in matters of criminal justice is an excellent way of controlling torture; (3) sanctions should be established for those making false accusations of torture; (4) sanctions should be imposed on those member nations not observing the United Nations position on torture. Submitted to the Co-ordinator of Section III by J. Bernard and A. Murphy, September 5, 1975. 90

CONCLUSIONS AND RECOMMENDATIONS In this section there are two vital areas that will require further action if the initiatives taken by the Cana- dian Delegation at the Fifth United Nations Congress are not to be lost. The first of these is the area of extradition. In light of the rapid growth and transformation of multinational business corporations and the relative ease with which communications and transportation services facilitate international offences, it is recommended that Canada, where necessary, up-date its present extradition treaty and that we, as a country, actively seek to broaden a number of extraditable offences with those countries with whom we presently have agreements, and that we seek to conclude agreements with other countries. If, as a result of our initiatives, steps are taken to discuss an international extradition convention, Canada should participate and actually support such a development. Extradition is, of course, extremely important in two areas: first, the gathering of evidence; and secondly, the combatting of international crime such as drug trafficking, fiscal and other economic offences. In the light of Canadian statements at the Congress, we would urge that the matter of an international code of police ethics be actively pursued. It may be necessary for representatives at the United Nations to pursue this task so as to ensure that the committee of experts is, in fact, established and that they do have sufficient resources to do their work. 91

INTERVENTION MADE ON SEPTEMBER 3, 1975 BY ASSISTANT COMMISSIONER W.G. PRITCHETT IN SECTION III OF THE FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS SUBJECT: EXTRADITION

Mr. Chairman: I consider it to be a great privilege to be here and to have the opportunity to address this group of distinguished experts. As you all know, in preparation for a meeting such as this, our respective governments have already taken a number of important decisions. It remains now for us to work together hand in hand, in order that the best possible decisions emerge from this Conference, and that each country implement them as quickly as possible. For this item, in the area of extradition, Canada be- lieves that we have something to bring to the attention of other delegations and, if the distinguished members meeting here today are in agreement, I hope that the propositions that I would now like to make will be included in the conclusions adopted by this meeting. Some of the extradition treaties that Canada has date from the nineteenth century. At this time, we have signed treaties with more than forty countries. To some extent, recognizing the changes in our laws, some of the treaties are now outdated. Canada, therefore, would like a review of these treaties in order to bring them up to date with those countries with whom we have treaties, and to enter into bilateral agreements with other interested countries. Canada, like all countries in the world, has a very complex system of international treaties. This is why we believe it necessary to develop a most efficient system, to return those persons who have broken the law and who seek refuge in another country. The task is large and we recognize that it cannot be done at once. Nevertheless, we wish 92 to introduce two new aspects in these negotiations. For the first part, it is necessary to broaden the extradition treaties to include the crimes of drug trafficking and for infractions of financial and economic nature. For the second part, it is necessary to recognize the importance of discussing with those countries so inclined, ways and means of obtaining evidence. This, if acceptable, would enable us to investigate and to co-operate with police forces of other countries where there are criminals of this type. We are conscious of the necessity of protecting the sovereignty of all countries that wish to conclude treaties with Canada. For a bilateral plan, the first steps have been accomplished. Permit me now to indicate our desire that this Congress encourage these efforts, and that if the Secre- tariat thinks it necessary, a study be initiated as to the possibility of a multinational convention in which all the countries of the world would participate. The adoption of such a project is, Mr. Chairman, of high priority. I hope that other delegations will agree with us and include in the conclusions of this Congress the urgency of pursuing such a project. Thank you, Mr. Chairman.

Thank you, Mr. Chairman: Although the integrity of police officers and police forces around the world is not often called in question, 93 there are those times when, rightly or wrongly, the credi- bility of the police is questioned, and it is found that there is little concrete support on which to base the ethical posture of police. As is often said, justice must not only be done, but it must also be seen to be done. A parallel can be drawn between this and the ethics by which police operate. Police officers, and police forces everywhere, do operate with a code of ethics. But these codes of ethics are rarely given public exposure. The similarity between police codes of ethics around the world is very apparent, and from this basis, an international code of police ethics that could be seen to be in operation. We further support the use of the proposed draft for a code of police ethics prepared by a group of law enforcement experts as a basis for a workable international code of police ethics--which Canada endorses--and for record purposes, I wish to read the ethics which are outlined in the document A/CONF/56/5.

A Police officer is both a citizen and a law enforcement officer who, on behalf of his fellow citizens, prevents crime, preserves the public peace, protects persons and property and detects and apprehends offenders. It is the tradition of the Police profession to be helpful, beyond the call of duty, to all persons. (1) A Police officer is a servant of the law. (2) Honesty in thought and deed should characterize a Police officer's official and private life. (3) A Police officer must be impartial and fair to all people, whatever their social position, race or creed. (4) A Police officer must be incorruptible. (5) A Police officer should have a compassionate respect for the dignity of the individual and behave to all with courtesy, self-control, human understanding and tolerance. (6) A Police officer must never use more force than necessary to accomplish a legitimate purpose, nor 94

may he ever subject anyone to any form of cruel, inhuman or degrading treatment. (7) A Police officer should strive continually to increase his professional skills and in so doing, the officer should seek to gain ever greater insight into society and human behaviour. (8) A Police officer must obey the orders of the legally constituted authorities and the regulations of the Police organization of which the officer is a member, unless he is legally entitled to disregard them. (9) Matters of a confidential nature coming to the attention of a Police officer should be kept secret unless the performance of duty requires otherwise. (10) A Police officer's conduct as a citizen should be exemplary. VIII REPORT OF SECTION IV THE TREATMENT OF OFFENDERS IN CUSTODY OR IN THE COMMUNITY, WITH SPECIAL REFERENCE TO THE IMPLEMENTATION OF THE STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS ADOPTED BY THE UNITED NATIONS

SUMMARY OF DISCUSSIONS The members of Section IV agreed to address themselves to the issues set out in the Provisional Agenda and organization of work in the following order: (1) alternatives to imprisonment; (2) factors in correctional reform; (3) the Standard Minimum Rules in the climate of change; (4) protection of all detainees against torture and other inhuman treatment. In accordance with Rule 14 of the Rules of Procedure, the Secretary-General had previously designated the following persons as the officers for Section IV.

Chairman Atsushi Nagashima (Japan)

Vice-Chairman Dusan Cotic (Yugoslavia)

Rapporteur V.N. Pillai (Sri Lanka)

Panel Paul Cornil (Belgium) 96

Alfons Wahl (Federal Republic of Germany) Dudley Allen (Jamaica) Suhariah Soetarman (Indonesia) Juan Carlos Garcia Basalo (Argentina)

Consultants Giuseppe di Gennaro (Italy) Albert Metzger (Sierra Leone) Torsten Erikkson (Sweden) M. Cherif Bassiouni (USA) Herman G. Moeller (USA)

Secretary - General's Representative Peider Konz

Secretary Adrian Brown

Social Affairs Officer Clas Amilon

ITEM 1 -- Alternatives to Imprisonment The delegates and participants who made an intervention on this subject generally referred to alternatives to imprisonment as diversion. Two major themes emerged from the discussion of the humanization of the Criminal Justice and Cor- rectional Systems. The first may be described as decriminalization through which some crimes are removed from those offences requiring the sanction of the Crimihal Justice Sys- tem. The second theme may be referred to as depenalization through which a wide range of alternatives such as fines, 97 restitution programs, probation, parole, community service orders and so on could be used to replace prolonged periods of imprisonment. Many speakers referred to discussions that were occurring within their country on the role and function of the correctional institution. The speakers from some countries referred to these discussions as a crisis in public confidence regarding the effectiveness of imprisonment. On the one hand, some argued that the experience of incarceration was so damaging that it seriously impaired the ability of the offender to ever return to the community as a law- abiding citizen. On the other hand, other participants expressed concern at the over-emphasis being given the negative aspects of imprisonment and commented that some institutions did, in fact, play a major role in the resocializ- ation of some of their detainees. These same persons frequently made reference to the deterrent function of imprisonment and the protection that the institution afforded the public during the period of time the offender was in custody. A number of speakers spoke of efforts occurring within their countries to humanize institutions through a wide variety of programs that were enhanced through the participation of the community. It was felt that such programs facilitated the transfer of the offender to the community. Frequent reference was made to the medical model upon which many of our institutions and institutional programs are based. Those present were reminded that the medical model continued to have validity within the Criminal Justice Sys- tem for persons who suffered mental and/or physical ill- nesses. There was a consensus that prolonged periods of incarceration should be restricted only to those persons who are a danger to the community and from whom the community should be protected. A difficulty of identifying these persons was 98 noted. Other speakers suggested that the responsibility for an individual's resocialitation was not only the responsi-. bility of the individual himself, but that there were two other important parts. The first of these included the necessity for society to accept the offender upon his return, and secondly, the need for the correctional community to employ adequate rehabilitation methods and personnel . The need for half-way facilities and for a broad range of supportive after-care services was stressed by some speakers. When addressing thetsélves to cOMMUnity côrrectional programs, reference was made to a number of common difficulties. Among these were: (i) the difficulty of developing conimunity acceptance of its respOnsibility within the treatment process; (ii) the identification of a suitable environment in which tb operàte such programs; (iii) the necessity of identifyihg which offenders wotild be ilitable for such programs; (iv) the mobilization of a network of existing supportive services to faCilitate the offenders' te-entry, In the development of community treatment programs, a number of unique opportunities become available. The first of these was the opportunity to place the offender in a position to help other persons such as the victim in his offence. Secondly, community correctional programs gave the community an opportunity to participate in the decision-Making process through the operation of advisory bodies to the court system as well as to responsible bodies such as parole boards. Thirdly, the operation of such bodies facilitated the development of volunteer programs throughout the Criminal Justice System. The effective use of volunteers was mentioned by many speakers as a very effective method of working with the 99 offender in the community.

ITEM 2 -- Factors in Correctiona1 Reform As already noted, many countries appeared to be involved in a process of reassessing the purpose, as well as the effectiveness, of their correctional systems. The ultimate objectives of corrections, namely, the protection of the community, the resozialization of the offender and the reduction of crime, remain. It was recognized that the principle problem was to balance the needs of the offender on one hand with the need to protect society on the other. A number of factors in relation to correctional reform were mentioned by a number of countries. Among the factors that were mentioned were: (i) the protection of the human rights of a person who becomes involved in the Criminal Justice System; (ii) the role for community participation, both in the formulation of policy and in the actual program area; (iii) the need to co-ordinate planning within the Criminal Justice System; (iv) the need to maintain relationships between the correctional system and the community health and welfare services; (v) the necessity to have sufficient and adequately trained staff; and (vi) the need for research in all areas of the Criminal Justice System. A number of delegates made reference to the fact that in their countries the large number of persons detained while awaiting trial prohibited the development of adequate program planning within those institutions. The general view was that only those persons should be detained in 100 custody when the community required protection from their behaviour. A number of developing countries made reference to the need for suitably trained staff. It was recognized by most countries that not only was there a need for adequately trained staff, but also a need for continuing training schemes for correctional personnel. The general view expressed by many countries was that the prisoner should continue to enjoy the same rights as other citizens, except those specifically withdrawn by law or as a result of imprisonment. Reference was made to the applicability of the United Nations Declaration of Human Rights and the necessity to clarify the rights of the offenders was apparent. The importance of the Standard Min- imum Rules, if properly implemented, was stressed as one way through which the offenders! rights could be guaranteed. A number of speakers expressed concern over the lack of unity within the Criminal Jqstice System within many countries and the need for better ce - ordination and communication between the different levels of the Criminal Justice System. The importance of reSe4rOh W.t all levels was stressed as an important factor in the development of a correctional policy. A number of countries made reference te the role of ex- offender groups and their inVolVeMent in correctional reform. It was the general view that sUCh grOlUps had a legitimate and informed voice in spite Of the faCt that many speakers expressed concern that such groups tended to demand reform at a faster pace than would be tolerated or could be afforded by the general community. A few delegates made reference to community education programs that were developing within their communities in order to increase the public understanding of their correctional policies. The delegates of some countries, where the 101 labour of prison inmates contributes substantially to the national economy, indicated that they felt this economic involvement facilitated public acceptance of the correctional system. Still other participants reported that in their country considerable effort was being made to relate correctional services more closely to the larger system of humanitarian services provided by the State. There was a consensus that the reintegration of the offender into the community was facilitated when supporting services were made available without restriction. At the same, time, a word of caution was expressed that it was the responsibility of the correction service to respond to the day-to-day minimum needs of the offender.

ITEM 3 -- The Standard Minimum Rules for the Treatment of Prisoners in the Climate of Change The Standard Minimum Rules for the treatment of prisoners was the product of the work of the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, a quarter century ago. Due to the lapse of time, there was a consensus of the necessity to look at the rules in light of the changes that have occurred within the various criminal justice systems. For the ease of reporting, the discussion can be collated under seven headings.

Implementation The delegates from a number of countries indicated that their countries endorsed the Standard Minimum Rules and were endeavouring to incorporate them in their day-to-day practices. The failure of some countries to fully implement the Rules had to be seen in light of the total socio-economic situation within a country. For example, economic constraints reduced funds available for capital expenditures; thus, institutions were often overcrowded. Similarly, the 102 lack of funds was given as the reason for failure to provide adequately trained staff to provide the services suggested in the Rules. Nevertheless, there was a general consensus that the Rules reflected a set of standards to which countries should strive to achieve.

Amendments Considerable discussion occurred as to whether or not the Rules should be substantially revised. A number of countries indicated that when the Rules were adopted in 1955 they were not members of the United Nations, and thus they were not able to collaborate in the formulation of the Rules. Other speakers indicated that if the gees were substantially revised, this would tend to reduce the influence of the Rules in bringing about the necessary changes in prison administration in some parts of the worid. This latter view would appear to have been the consensus pf the group. Reference was made to the recent survey conducted by the United Nations as to the extent to which the Standard Minimum Rules had been implemented. Although results of this survey had yet to be fully compiled; it was reported that many countries had reported with considerable candor and objectivity concerning the extent they had been able to implement the Rules.

Dissemination of the Rules A number of participants urged that the Rules be used in staff training and development. Still other countries stressed the importance of providing technical assistance to help their country fully implement the Rules. One delegate suggested that serious consideration be given to the designation of the year 1980 as the year for the protection of the civil and human rights of detainees and prisoners. The question of developing a continuing mechanism 103 for implementing the rights of prisoners was posed and the suggestion made that an addition be made to the working group of experts on the Standard Minimum Rules to include a new committee to deal with the treatment of prisoners.

New Rules for the Treatment of the Offenders in the Community

A proposal to authorize the United Nations to develop a new set of rules for the treatment of the offender in the community received approval in principle. Caution was urged by a number of delegates that the rules would provide maximum flexibility with respect to the substantive matters. A two-phased approach was suggested as the best means for the development of the new rules. The first endeavoured to state the principles and standards by which programming provided as an alternative to incarceration should aspire, and secondly, the need to focus on program content was recognized.

International Exchange of Prisoners The possibility of developing policies and practices to expedite the return to their domicile persons serving sentences in foreign countries attracted considerable attention. It was recognized that such a proposition would pose many problems but, nevertheless, there was considerable support to at least explore this idea further. The Council of Europe has done some work in this area and it was suggested that member nations might well draw upon their experience as a beginning.

Assistance in the Implementation of the Standard Minimum Rules A number of persons who intervened urged that the United Nations do more to encourage the implementation of the Stan- dard Minimum Rules throughout the world and that the United 104

Nations should be prepared to assist those countries that request United Nations assistance in this matter.

Research A request was made for the United Nations to co-ordinate a research program to examine the effectiveness of various forms of incarceration. In essence, the United Nations was to act as a facilitator in this regard in that all countries were to make the United Nations aware of what research was going on within their particular country.

ITEM 4 -- Protection of all Detainees Against Torture and Other Inhuman Treatment The United Nations General Assemb1y on November 6, 1974, through resolution number 3218 of the 29th Assembly, requested this particular section of the Fifth United Nations Congress to examine the question of torture and other forms of cruel, inhuman or degrading treatment or punishment of persons subjected to any form of detention or imprisonment and to submit a report to the 30th Assembly. The delegations from the Netherlands and Sweden had consulted with a number of countries and submitted to those present a drafted proposal which is attached to this report. This draft resolution had considerable support from the member nations. The discussions which followed this presen- tation tended to focus on requests for clarification in the use of the language. The Netherlands and Swedish proposal was based on The Universal Declaration of Human Rights. Another country proposed an amendment to the Standard Minimum Rules to eliminate torture. This proposal included a section from the Universal Declaration of Human Rights. The discussions indicated that the member nations condemned the practice of torture and other cruel, inhuman or degrading treatment or 105 punishment. It was recognized that these matters will require further attention before the report is made to the 30th General Assembly.

CANADIAN CONTRIBUTION The members of the Canadian Delegation that participated in this section were able to participate fully in the items under discussion. Under the item dealing with alternatives to imprisonment, Mr. Outerbridge spoke of Canada's willingness to enter into agreements on either a bilateral or a multilateral level, for the reciprocal transfer of parole supervision. Mr. Outerbridge indicated that Canada was willing to discuss the possibility of the transfer of inmates to their domicile. It was suggested that this would be advantageoùs for a number of reasons. These include: (i) the impact of penal sanctions in a strange land, including absence from family and rehabilitative programming, akin to that which the inmate will return on his release; (ii) the expressed wish of many landed immigrants or visitors incarcerated in Canada to return to their country of origin; (iii) the responsibility of a country to look after their own nationals, if those nationals wished to return to their domicile. Mr. Outerbridge, Mr. Hadwen and other members of the Delegation had a number of informal meetings with delegates from other countries in order to ascertain:

(i) their reaction to the Canadian proposal; (ii) whether or not they would be prepared to support the proposal; 106

(iii) whether or not they were interested in entering ihto bilateral agreements on the exchahge of parolees and, if sô, what the appropriate mechanisms for such negotiations should be. The following countries indicated their willingness to have further discussions with Canadian representatives on this matter: the United States of AmeriCa, Ansttàlia, the United Kingdom, Belgium, Turkey, The Netherlands, Denmark, and Austria. From discussions with France and Senegal there would appear to be little chance for Canada to enter into an agreement as to exchange of parolees because of the great difference in the administrative structure regarding the administration of conditional liberatioh. The impression of those Canadian delegates whô met with delegates from France and Senegal was that if the transfer of inMates became a reality, then one could discuss in More détail the transfer of people released on condition from prison. The Honourable J.R. Bôyce interVened on the topic dealing with the Standard Minimum RuleS for the Treatment of Prisoners in the Climate of Change. Mr. Boyce indicated to those present that althôligh the Standard Minimum Rules have not been incorporated into Canadà legislatiôn, many of the principles are adhered to in Canada. Mr. Boyce formally indicated that Canada endorses the Standard Minimum Rules and has referred to rules for implémentation to the Organization of Ministers and Deputy Ministers. In his coMments, Mr. Boyce made reference to the recent United Nations survey of the implementation of the Rules indicating that the weakest area of application in Canada was with regard to the standards for persons awaiting triai. Mr. Marceau spoke on the question of the protection of all detainees against torture and other inhuman treatment. Canada's proposal to amend the Standard Minimum Rules received considerable support. In retrospect, the members of 107 the Canadian Delegation should have pursued this initiative more forcefully on the informal level as the Canadian proposal would have resolved many of the language problems that arose in the proposal presented by The Netherlands and Sweden. There will be further opportunities to do this when this item comes up for discussion in the General Assembly. Two other items deserve mention. The first of these was the proposal by La ligue du droits de l'homme to designate 1980 as the year for the protection of civil and human rights of detainees and prisoners. A copy of their proposal, in the form of a letter addressed to Mr. Allmand, Solicitor General of Canada, was circulated to the members of all delegations. In concluding his comments on torture, Mr. Marceau made reference to it, indicating that Canada was unwilling to support such a proposal. The second comment deals with the Canadian position on the rights and responsibilities of inmates and parolees. Essentially, the Canadian Delegation was authorized by Cab- inet to endorse the principle that a prisoner retained all the rights of an ordinary citizen except those expressly taken away by law or as a necessary consequence of incarceration. This statement would meet with support from virtually every country attending the Congress.

SECTION CO-ORDINATOR'S REPORT The involvement of senior officials, leaders in the community and non-government and government organizations during the year preceding the Conference was executed in an outstanding manner under the direction of Mr. Frank Miller and Mr. Don Irwin, and well expedited by the Office of the Deputy Solicitor General, Mr. Roger Tassé. Specifically in Manitoba, the involvement provided a raison d'être for holding several conferences in various communities throughout Manitoba. This was organized by our 108

Mr. John Troniak. The smoothness with which the Conference was shifted from Toronto to Geneva on such short notice attests to the effectiveness of the staff doing the groundwork on behalf of the United Nations. The individuals comprising the official delegation func- tioned as a team. The efforts of Mr. John G. Hadwen were such that he should be commended in arranging the various meetings with the people necessary to have the Canadian viewpoint form an important component in the results of the Conference. The contribution of Mr. John Ekstedt, as a resource person, was such that additional credence was given to the suggestions made by his fellow delegates. The interventions by Mr. Gilles Marceau and Mr. W.R. Outerbridge formed a firm basis for the initiation of bilateral discussions with several countries. The involvement of His Honour Ian V. Dubienski in the question of "Economic and social consequences of crime" will doubtless be of benefit to Manitoba, as the subject is under review by interested groups. Mrs. Dorothy Betz, in speaking to the question of "Female Offenders" precipitated many informal comments by delegations at several functions, Mr. Gordon W. Pritchett and Chief G.O. Robinson, in the question of the emerging roles of the police and other laW enforcement agencies, will doubtless have an influence on Canadian thinking in the area of social order, as well as law enforcement. While Dr. Maurice Gauthier directed his attention to "The role of criminal legislation, judicial procedures and social controls in the prevention of crime", his contribution as an on-the-spot expert to the rest of the delegation 109 added considerably to the effectiveness of the delegation. The inclusion in the final report of Section IV that governments be urged to consider bilateral arrangements for the exchange of nationals under sanction in other countries was as a result of the instruction by the Honourable Warren Allmand that we should attempt to initiate such arrangements. The delegation, as instructed by the Head of the Delega- tion, supported the position of the Netherlands and Sweden with respect to the topic of torture and inhuman treatment. The inclusion of an item on torture in the final report reflects this concerted effort by many Western countries to encourage the emerging nations to join in striving toward the concept "natural justice". Finally, the general tone of this Section, as in the other Sections, was that social order in the world is under great stress. The workup preceding the Conference was such that it gathered together in Canada the people involved in the Crim- inal Justice System. This participation created a general atmosphere in which the public not only heard that there were problems, but that there existed longstanding recommendations as to changes in procedures and programmes. What was lacking was a commitment to this general area of social concern to put in place many changes which appear to be within the professional, technical and economic capacity of our country. It would be most regrettable if the momentum resulting from this workup was allowed to wane, especially in light of the agreement by the Honourable Pierre Trudeau, Prime Minis- ter, that, albeit the need for economic restraint, social order and justice are of high priority and new initiatives should be acted upon. In Manitoba we are using the lines of communication and 110 community interest developed to focus the attention of the public on anticipated changes in the area of Young Offenders. In this regard, two community meetings have been heid and the interest demonstrated by active participation has been such as to lead us to believe that it would be in the public interest to have some modest continuation of a coorcUnating function vested in the Office of the Deputy Solicitor General. We, in Manitoba, are continuing our efforts to keep the communities involved, but are soMewhat conceTned with the apparent difficulties facing many non-government organizations which have traditionally been comMunity-based in the fulfillment of the needs of the communities. We would take this opportunity to thank the Solicitor General for our inclusion in the Delegation and to express our profound appreciation to fellow delegates in this fruitful exercise.

CONCLUSIONS AND RECOMMENDATIONS Largely as a consequence of the work of the Federal Law Reform Commission, Canada appears , to have established herself as a world-leader in the area of diversion programming. Our statement to the Congress indicated a variety of the forms of diversionary program in which we were participating and indicated that we, as a country, were prepared to consider selective decriminalization. We requested the opportunity to have dialogue with other nations and, no doubt, we will be receiving requests of this nature. It is recommended that such requests be answered and that we, as a country. , support the development of some form of international ex- of ideas in this area. change • The major advancement was in the identification of a • significant number of countries who are willing to enter in- to further discussions with us with a view of establishing 111 some form of reciprocal exchange of persons released from custody via conditional liberation. Undoubtedly, there will be considerable activity in this regard in the immediate future. The implementation of the Standard Minimum Rules has been officially recognized by the Federal Government and it should be placed on the agenda of the next Ministers and Deputy Ministers Conference in order that we, as a country, might improve our facilities so as to adhere to all of the Rules in fact and not simply in spirit. Canada should actively pursue the proposal for an amendment to the Standard Minimum Rules as the most desir- able form of protecting all detainees against torture and other inhuman treatment. This matter will be brought before the 30th General Assembly and the Canadian Delegation to this Assembly should be instructed accordingly. In conclusion, in this major section for the Congress, it can be said that Canada made a significant contribution as well as making significant gains in a number of areas.

INTERVENTION MADE ON SEPTEMBER 4, 1975 BY MR. WILLIAM OUTERBRIDGE IN SECTION IV OF THE FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS SUBJECT: THE RECIPROCAL TRANSFER OF PAROLE SUPERVISION

Mr. Chairman: I hope you will permit me to introduce my remarks under Item "A" with some personal observations regarding not only to this specific forum but to the Fifth United Nations Con- gress as a whole. This is the first time that I have had the honour of representing my country in an international meeting of this magnitude. I have listened with rapt attention to the deliberations in which we are engaged. 112

Behind the structure of this Conference, behind the observance of protocol which characterizes its session, behind the diversity of cultures, of socio - economic circumstances, even of political ideology represented here, I have been struck by the sincere attempt by delegates to reach beyond the realities which separate us to find a common ground for international communication. The openness with which some delegates have shared their points of vi-oW be$PPP-ks not only our common concerns about the phep.omenon of increasing crime, but underlying our considerations lies our greater concern about reducing the potential for global halocaust which could well destroy us all. In microcosm, we in Canada are involved in the painful process of learning to live together more effectively des- pite differences in culture, in ethnic origin, in religion and language--differences which can SePre ei_her to driye us apart or to strengthen, to an i4OalçU1able degree our Cana- dian heritage, a heritage gathered in large part from the many nations gathered here, At this Conference a deep interest is being expressed in how the agencies of criminal jmstioe can be best mobil- ized to play their part in protecting the citizens of our various countries from crime. In addition to this, however, I am impressed by the delegates frOm many nations who wish to ensure that penal sanctions imposed for crimes are administered with due regard for principles pf justice for the incarcerated. In a world marked by such great ci4ltura1, social and political diversity, it is inevitable that incarceration in a foreign land will increase the pains of imprisonment far in excess of the punishment intended by the Courts which impose sentence. The especially brutal impact of penal sanctions in a strange land has long been recognized by humanists and penal 113 administrators. The United Nations has taken certain initiatives in this matter. The Council of Europe has developed a multilateral convention for the exchange of conditionally sentenced and conditionally released offenders whose potential has yet to be fully realized. The International Pri- soners Aid Association has issued reports placing this problem in bold relief, as has the Howard League for Penal Reform, the National Council on Crime and Delinquency in the United States and other non-government bodies. At an administrative level, the Scandinavian countries have instituted a programme for the reciprocal transfer of prisoners and parolees. The United States, several countries of Eastern Europe, France and Belgium and other groups of states which have a degree of commonality in their legal systems have such programmes in varying degrees of development. And yet, up to the present time with pitifully few exceptions, the arms of such conventions have not extended across the Atlantic and Pacific oceans to embrace the penal systems of North America. I am informed that today there are in excess of two hundred Canadian citizens serving prison terms outside Canada (and this figure does not include Canadians in prison in the United States). Further, there are close to six hundred foreign nationals, either landed immigrants or visitors, who are imprisoned in Canada, many of whom have expressed the wish to return to their country of origin. The relatively small number of these inmates compared to total prison populations should not blind us to additional degrees of unintended human suffering which is attendant upon their personal conditions of imprisonment. Although not unsympathetic to the issue of the reciprocal exchange of prisoners, we are well aware of the tremendous problems which would be created by attempts to develop such conventions at this time between countries characterized by differences in law and methods of punishment. These 114 differences are so great that we do not feel we can deal with this problem at this time. However, the Government of Canada is prepared, today, to enter into treaties with governments of other countries for the reciprocal exchange of those conditionally released from prison by way of parole.

Recommended Position (1) The Government of Canada is prepared to enter into treaties with the governments of other countries fôr the reciprocal enforcement of parole. (a) Under these treaties, the National Parole Board would be authorized to supervise and enforce parole conditions on Canadian citizens: (i) who agree to return to Canada and to abide by parole conditions imposed; and (ii) who, while under the jurisdiction of other governments, may be released in circumstances analogous to those in which persons might be released on parole in Canada. (b) Canada would undertake to return nationals of other contacting parties on a similar basis. (2) In addition, if there appears to be international support, Canada would urge the establishment of a committee by the United Nations Secretariat to study further the feasibility of extending arrangements for the reciprocal enforcement of parole. Progress on this subject should be reported to the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. It is our hope that by developing models of reciprocal exchange of those on parole we may develop possible 115 solutions to tackle the more thorny problem of transfer of some inmates. We would be most pleased to share our experience with the United Nations, which institution we urge to initiate multilateral discussions on this latter problem. We hope and trust that these two items noted above will be included in the report of this section. I hope that the delegates will not mind if I pay my respects to our distinguished chairman by offering my thanks in his mother tongue. "Thank you, Mr. Chairman."

INTERVENTION MADE ON SEPTEMBER 5, 1975 BY THE HONOURABLE J.R. BOYCE IN SEC- TION IV OF THE FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS SUBJECT: STANDARD MINIMUM RULES

Mr. Chairman: At the outset, I would like to say that I consider it a great privilege to be here and to have the opportunity to address this gathering on a subject so vital as the Standard Minimum Rules. These Rules were the major work of the first of these meetings and, of course, discussions have continued at each of the subsequent Congresses. The United Nations Standard Minimum Rules have not been incorporated in Canadian legislation, though many of the principles are adhered to in Canada. A recent Canadian survey of our federal and provincial correctional facilities indicates that most of the Rules have been met. Our weakest area of application is with regard to the standards for persons awaiting trial (Section C, Rules 84 to 93), where Canada has achieved seventy percent implementation. 116

The importance of the Standard Minimum Rules are well recognized as a guide even though there have been changing program concepts, cultural, social and economic changes in many countries since their adoption in 1957 , Canada regards the Rules, both in spirit und practice, as leading towards the development of effective correctional priorities for all countries. Canada is making u serious effort to comply with the standards •to the extant that regional differences and financial consideretiens permit,. Canada endorses the Standard Minimum Rules and will refer these for implementation to the orgenïzation of the Min- isters and Deputy Ministers. Canada notes also the request to daeelop minimum standards and guidelines for community-based programmes. Canada will give encouragement to the Continuing Committee of the Federal and Provincial Deputy Ministers to include this area of corrections when considering the broad question of correctional standards for Canada. Thank you, Mr. Chairman.

INTERVENTION MADE ON SEPTEMBER 9, 1975 BY MR. G. MARCEAU, M.P. IN SECTION IV OF THE FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS SUBJECT: ELIMINATION OF TORTURE

Mr. Chairman: Canada has carefully reviewed the material prepared by the Secretariat, calling for the protection of all persons subjected to any form of detention or imprisonment against torture and other cruel, inhuman or degrading punishment. We know that the Secretary-General of the United Nations has requested that member states officially submit their positions on torture under agenda items 3 and 4, on this subject 117 at this meeting. Mr. Chairman, Canada has a number of recommendations to make and I would ask that these comments be included in the report of this Committee. The General Assembly, in resolution 3059 of November 2nd, 1973, expressed grave concern that torture is still practiced in various parts of the world. Article 5 of the Universal Declaration of Human Rights affirms that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. A recent report from Amnesty International confirms that torture is still prevalent in the criminal justice systems of many countries. • At the Third Committee of the United Nations on 15 Oct- ober 1974, Canada condemned all forms of torture, including cruel, inhuman and degrading punishment. Furthermore, Canada expressed the

fervent wish that the United Nations Congress on the Prevention of Crime and the Treatment of Offenders

will be able to carry to a successful conclusion ... the question of the elaboration of an international code of police ethics and the need to extend the scope of the Standard Minimum Rules for the Treat- ment of Prisoners. A committee of experts has been appointed for the purpose of examining the practice of dissociation for both disciplinary and protective purposes and to consider alternatives to its use or such regulations as should be adopted governing its duration and the circumstances in which it may be practiced from point of view of physical, medical and supervisory conditions. Canada is currently in the process of amending procedures dealing with the protection of victims in such cases as assaults. (1) Canada does not condone any form of torture, cruel, inhuman or degrading treatment or punishment. 118

(2) Canada encourages the appointment of ombudspersons to investigate charges brought to their attention in this area. (3) As requested by the Economic and Social Council, Canada has considered the subject of torture and recommends that articles 24, 25, 26 and 27 of the Draft Principles, with the following amendments, be embodied in the Stan- dard Minimum Rules for the Treatment of Prisoners, Part II, Rules Applicable to Special Categories, as an added Section E, "Prisoners Under Arrest and Detention". I regret the length of this intervention, Mr. Chairman, but for the purpose of the record of this Section, I would like to read each of the pertinent articles, and indicate the changes proposed by my country.

(95) NO arrested or detained person shall be subjected to physical or mental compulsion, torture, violence, threats or inducements of any kind, de- ceit, trickery, misleading suggestions, protracted questioning, hypnosis, administration of drug or any other means which tends to impair or weaken his freedom of action or decision, his memory or his judgement. Any statement which he may be induced into making through any of the above prohibited methods shall not be admissible in evidence against him in any proceedings. (I) We propose to delete the words "as well as any evidence obtained as a result thereof" from Article 24, paragraph 2.

No confession or admission by an arrested or detained person made to a person in authority can be used against him in evidence unless it is made voluntarily. (II) We propose to make a substantial change, de- leting the words "can be used against him in evidence unless it is made voluntarily in the presence of his counsel and before a judge or other officer authorized by law to exercise judicial power" from 119

Article 24, paragraph 3. We believe we have included the intent but allow greater flexibility through our words "person in authority".

(96) Before the arrested or detained person is examined or interrogated, he shall be informed of his right to refuse to make any statement. (III) From Article 25, we propose to delete the words "No one may be required to incriminate himself".

(97) Wherever possible, the arrested person shall not be kept in police custody after he is brought before the competent authority. The officials responsible for his custody should be entirely independent of the authorities conducting the investigation. (IV) We propose to add the words "wherever possible" and delete the references to Section 10 in Article 26 of the Draft Principles.

(98) Pre-trial detention not being a penalty, the imposition of any restrictions or hardships not dictated by the necessities of the inquiry or the maintenance of order in place of detention shall be forbidden. The treatment accorded to the arrested or detained person, whether in police custody or in prison custody, must not be less favourable than that stipulated by the Standard Minimum Rules for the Treatment of Prisoners. Inspection by an independent authority shall be made of all places of custody to examine and report on the condition of the institution and the management and treatment of arrested and detained persons therein. (V) My country proposes to delete the words "together with all vexatious treatment" from paragraph 1 of Article 27, and alter the wording in paragraph 3, to allow for an inspection by an independent authority and not only those inspectors appointed by judicial authorities. 120

(4) Canada recommends that an additional rule, to be known as number (6) be included in the Minimum Standard Rules for the Treatment of Prisoners in Section B. Selection and training of personnel for penal and correctiona1 institution, D--Professional Training, XVII--Custodial Staff, as follows:

(6) During each stage, the Standard Minimum Rules for the Treatment of Prisoners should be studied by the candidates and their intent explained with particular reference to the sections on Discipline and Punishment and Instru- ments of Restraint. The methods to be used in dealing with inmate provocation should be practiced and the disciplinary liabilities staff face within the system and the civil courts for failure to abide by the Rules should be carefully explained. (5) Canada recommends that the United Nations create a committee of experts for the purpose of examining the practice of dissociation for both disciplinary and protective purposes and to consider alternatives to its use of such regulations as should be adopted governing its duration and the circumstances in which it may be practiced from point of view of physical, medical and supervisory condition. I would be grateful for the comments of other delegations on this Canadian proposal. It involves a different aspect of the subject from that covered by the draft recommendations circulated by the Swedish-Netherlands delegation and should be considered separately as part of the prepara- tions for the 30th Session of the General Assembly. My delegation also supports the Swedish-Netherlands recommendations as guidelines which should be used by all member states as background for the discussions on this subject at the next session of the General Assembly. Every state has, of course, its own procedures which it should study in relation to the proposed United Nations declaration. Thank you, Mr. Chairman. IX REPORT OF SECTION V ECONOMIC AND SOCIAL CONSEQUENCES OF CRIME -- CHALLENGES FOR RESEARCH AND PLANNING NEW

SUMMARY OF DISCUSSIONS The section agreed to follow the discussion of the issues raised in the working paper prepared by the United Nations Secretariat for this Section. The key issues that were identified included: (1) the identification of some of the major economic and social consequences of,crime and of policies for crime control; (2) assessment of the costs of crime, including policies for crime control, with the implications drawn for research; (3) planning to minimize and redistribute the costs of crime. There was agreement that the major concern in the next quarter century would be with the quality of life. Dele- gates recognized the fact that there was a crucial link between crime and other social problems. These difficulties need to be resolved in order to minimize the negative economic and social impact of crime. In accordance with Rule 14 of the Rules of Procedure, the Secretary-General designated in advance of the Congress a Chairman, Vice-Chairman and Rapporteur for each of the five sections. These officers were confirmed by the Con- gress at the initial plenary meeting. Included are the panelists, consultants and other officers of the section. 122

Chairman Leszek Lernell (Poland)

Vice-Chairman Eric P. Kibuka (Uganda)

Rapporteur Warren Woodham (Jamaica)

Panel Pier Allewijn (Netherlands) Patrik Tornudd (Finland) Yip Yat Hoong (Malaysia) Peter P. Lejins (USA) Dennis Szabo (Canada)

Consultants Marco Gonzalez Berendique (Chile) Phillippe Robert (France) Richard F. Sullivan (USA)

General Consultant Edward Galway (Ireland)

Secretary-General's Representative George D. Howard

Social Affairs Officer Irene Melup 123

ITEM 1 -- Some Major Economic and Social Consequences of Crime and of Policies for Crime Control The delegates who spoke on this item stated that crime costs represent somewhere between two and sixteen percent of governmental operating budgets. Regardless of the precise figure, there was agreement that the cost of crime diverted resources which were required to meet other pressing needs. While speakers acknowledged the difficulty in reaching a common definition of what constitutes a crime, for the purpose of discussion, six major types of socially harmful behaviour were identified. These include: (i) violence; (ii) theft; (iii) the provision of goods and services in illegal markets; (iv) large-scale appropriation of resources and maldistribution of income through the exploitation of wide-spread economic power; (v) the destruction of scarce national resources and the consequent damage to the environment; and (vi) corruption. Traditionally, the first three forms of behaviour have received the most attention. The need to focus resources on the last two which tend to have the most serious consequences of both an economic and social nature was recognized. The particular stress that such crimes placed upon developing countries was seen by many as being particularly damaging. Further, it was acknowledged that many of these forms of crime transcended national boundaries, making it even more difficult to estimate the actual cost of crime. Participants identified six different areas in which costs needed to be obtained in order to arrive at a meaningful estimate of the cost of crime. These crime-related 124 costs included: (i) the direct financial loss to the victim of a crime; (ii) the cost of preventive and security measures in both the public and the private sector; (iii) the cost of inSurance; (iv) the lost wage earning power of incarcerated offenders and incapacitated victims; (v) the welfare cost resulting from the need to support the families of both prisoners and victims; and (vi) the cost of administering criminal justice including courts, institutional programs and so on.

Social Consequences There was agreement that crime has a serious effect on the social fabric of a country. Every attempt should be made to minimize the consequences of crime and to ensure that the irreducible social cost is justly distributed. Such inter- related social problems as ill-health, poverty, mental illness, low education are but some of the problems that were attributed to the social cost of crime. The difficulty of identifying the cost of relieving even one of these problems from the total cost of dealing with these interrelated problems was acknowledged by all present.

Conclusion It was felt that the concept of the social cost of crime was not as well understood as it might be and this fact resulted in inadequate public policies, a lack of appreciation of common objectives and reluctance in some communities to work with the Criminal Justice System. The fact that various types of crime tend to be distributed among different social 125 economic strata was recognized and the fact that all too often both the victim and the offender came from the lower socio-economic classes.

ITEM 2 -- Assessing the Costs of Crime If more effective strategies of prevention were to be implemented, there is a need to conduct a scientific assessment of the consequences of crime and of crime control policies. Rather than deal with the causal factors as has been done so often in the past, many speakers urged that future research should focus on the consequences of crime. This direction was suggested in the belief that a better knowledge of the consequences of crime might attract more attention to those crimes which were most harmful to society. At the same time, the speakers acknowledged that such research would most likely assist in the identification of the factors responsible for causing the original behaviour. Two problems were identified in assessing the consequences of crime. The first was the problem of transferring research models from developing to developed countries, recognizing the cultural differences. The second problem was a warning that judgements should not be made on the basis of incomplete data and, therefore, great care must be taken to make certain that accurate statistical information is obtained. In the development of criminal statistics, a number of speakers urged that attention be given to a statement of the development of common guidelines for the collection of statistics. Further, the development of index rates of victimization would be of value to most countries in providing comparisons. If such proposals were adopted, they would go a long way towards facilitating international comparisons as well as bringing greater reliability to the data. As a useful guide to planning, it was agreed that it 126 would be helpful if researchers would endeavour to estimate the cost of future crimes through the use of linear and other programming techniques. Researchers have an obligation to provide policymakers with alternative proposals for action. The necessity for close collaboration and exchange of expertise between criminal justice agencies and the academic world was recognized as an aid to the formulation of objectives and techniques necessary for continuing assessment program of the consequences of crime. Regardless of the particular methodology that was adopted, there was agreement that it should have relevance to the task that was to be undertaken. Sophisticated methods should not be used if they were not relevant. Recognition was given to the advantage of employ- ing a variety of measures rather than in a single measure in terms of explaining the real consequence of crime. A number of measures were suggested by the speakers. These include: (i) the need to distinguish between various forms of the same crime, e.g. a large theft from a petty theft; (ii) the use of crime victimization surveys on a representative sample of the population; (iii) in the case of property offences the actual value of the goods stolen; (iv) examination of information flowing from countries that were successful in combating certain forms of crime in order to attempt to account for the difference. There was agreement that surveys of a small representative sample of the population could frequently be as effective, particularly for the developing country, in estimating the cost of crime. Such surveys were substantially less costly that the elaborate inclusive statistical analysis of an entire population. 127

A number of speakers made reference to the tremendous difficulty of quantifying non-economic forms of crime. In each instance, it was proposed that statistics be linked with other social statistics that deal with such things as the health and/or education of the offender. In spite of the tremendous obstacles in determining the real cost of crime, it was agreed unanimously that crime statistics are necessary in order to assist in the deployment of resources and the social planning field.

Assessing the Efficacy of Crime Control Policies and Increasing It Through Action Research An on-going evaluation of criminal justice programs was recognized as facilitating efficient programming by allowing policy-makers to make maximum efficiency of available resources. The availability of a wide range of comprehensive and comparative techniques for evaluation was acknowledged. Regardless of the system of analysis employed, it was recognized that the first step in any evaluation was to analyse in detail the operation by identifying the various elements and independent points of decision inherent in the operation. In the Criminal Justice System the lack of universally accepted goals was given as a major complicating factor. For example, in most countries, psychological and psychia- tric theories form the basis of the Criminal Justice System without anyone first asking for evidence that the theories actually worked. The point that emerged from this discussion was, what theories or scientific premises form the basis of policiês followed within the Criminal Justice Sys- tem. For example, if the theoreticians indicated that all human behaviour was motivated by aggressiveness, then the evaluative measure would become what the program did to reduce and/or to increase aggressiveness. Another evaluative device was the direct measure of a 128 factor. For example, the success or failure of a program designed to reduce recidivism could be determined by simply ascertaining whether or not the offender stopped being a criminal within a given period of time. A third proposal was suggested which is a combination of the first two. For example, after a certain program had been implemented to reduce aggressiveness, through a series of interviews it could be determined if aggressiveness was actually reduced. Regardless of the form of research, the necessity to build in an evaluative component to any program at the beginning was acknowledged and supported by all participants. The use of demonstrative projects to enable policy-makers to test out a premise in à limited situation and then allow them to expand only if they showed positive results was advocated. This kind of experimental innovation permitted the adoption of new policies and planning on an empirical basis. The need for continuing communication between the - researchers and policy-makers was recognized as a necessity in order to ensure a reciprocal relationship between two components in the Criminal Justice field.

ITEM 3 -- Planning to Minimize and Redistribute the Costs of Crime Crime could be seen by those present as an index of the extent of the economic and social development of a country, and as such criminal policy must be included as part of the overall developmental planning. Attempts' must be made to relate crime control measures with planning objectives. In countries where social and economic planning systems were well developed, there are more opportunities for planning crime control measures. The relevance of planning within the Criminal Justice System was self-evident. Further, planning was accepted as critical in the attempt to minimize and redistribute the costs of crime. A variety of planning 129 techniques were examined in order to compare the relative costs of the various forms of planning techniques. Systems analysis was one method that was discussed in detail. The merits of this system were acknowledged but concern was expressed by the developing countries that the same result could be achieved more cheaply by our other methods, such as an analysis statistics compiled by the police. Con- cern was expressed that all too often there was a temptation to resort to the cost-benefit method of decision-making when confronted by conflicting opinions which had to be analyzed and an alternative chosen. There was agreement that the principal purpose of evaluation was to aid the planning process and, as such, the evaluative process must provide alternative methods for achieving both long-term and the short-term goals.

Planning for Crime Prevention as Part of National Development Planning The importance of planning for crime prevention and control in the context of national development planning has already been mentioned. Since funds will never be unlimited, it is necessary to set priorities. The steps in this process were identified as the setting of objectives, the identification of goals, the implementation of the programs and subsequently the evaluation to determine what has been achieved and what course of action should be pursued. Less developed countries were urged to examine the program planning of developed countries. A number of developed countries which reported a high crime rate, acknowledged virtually a complete absence of long-term planning in the area of crime control. The necessity for planning was again underscored. More adequate planning for crime control would likely take one of two directions: the first was for a country to 130 increase its expenditures in the area of crime control; the second was to make more effective use of its resources through the adoption of a broader perspective in economic and social planning and thus developing a more comprehensive scheme of crime control. Under the latter proposal, six concrete suggestions were made:

Physical Measures to Prevent Crime The developed countries have had Much experience and have considerable technology, although in many cases it is not used, that should be helpful in the prevention of crime. Such simple measures as steering-locking devices in automo- biles, a wider use of cheques, and better control of the display of goods in shopping centres are but a few of the ways of physically erecting prohibitions to crime.

Controlled Urbanization It was observed that nearly all property crime was concentrated in large cities. Programs to limit the size of cities and to develop cities on a planning basis will contribute to the alleviation of the crime problem.

Educational Planning The majority of violent crime was committed by relatively young people living in cities who were unemployed at the time of the offence. The necessity to incorporate such young people into the political and social institutions of the community so as to give them a voice in planning their destiny was expressed by several delegates.

Planning Urban Settlements for Immigrants and Migrants Urban slums are the main locale for most of the day-today criminal activities. It was proposed that local citizens' groups be developed to actively involve the citizen in 131 crime control programs. Citizens. would be expected to assume responsibility for initiating changes; assuming responsibility of recreational programs for the operation, for example, in their particular area was advocated. The necessity to involve the young offender in such programs was referred to in the previous section.

Planning for a More Rational System of Social Criminal Justice Three major categories arise from an analysis of the reactions of society towards crime. These include: (i) punitive sanctions; (ii) correctional treatment methods; and (iii) the incapacitation of an offender for the protection of the community. It was agreed that these three measures are instruments of crime control and that they should be used as appropriate for different kinds of offences and offenders on the basis of research findings as to their effectiveness. For example, if a particular correctional treatment method was shown to work with a particular group of offenders, then the sanction applied by the Criminal Justice System should not place an emphasis on punishment or prolonged incarceration.

Redistribution of the Cost of Crime Redistribution of the cost of crime was viewed by speakers as involving a reformulation of a number of well- established principles. The notion of equity has entered the realm of criminal responsibility, and hence a judge's task should be one of harmonizing traditional retributive justice with the principles of redistributive justice. Such a proposal was being made substantially easier in some areas of the world through state systems for the compensation of victims of a crime. A number of persons who intervened commented upon the 132 necessity to develop an estimate of the total cost of a crime which would include more than simple victimization costs. For example, the cost of crime control includes indirect crime damages and crime control costs. This gave rise to the concept of relative loss in proportion to the victim's income and hence, in order to distribute economic cost justly, more affluent people would pay more severe fines, for examples, than less affluent people for the same offence. By so doing, there would be a relative equality of burden in the cost of crime and crime control would be redis- tributed more equitably.

CANADIAN CONTRIBUTION Canada made one intervention in this section, but in so doing, touched upon the majority of the points raised in the United Nations Report for this section. The topics covered inclùded the cost of crime, current programs for dealing with crime problems, systematic research, a recognition of the need for co-ordination of all elements of the Criminal Jus- tice System, and the importance of research to police plan- ing and program decisions. Canada also indicated to the world community our four areas of priority, namely: (i) violent crime, the dangerous offender and the victims; (ii) diversion; (iii) community attitudes towards the Criminal Justice System; and (iv) selection and training of correctional staff. Reference was made to the Canadian Criminal Justice System computer model and the role that this model played in facilitating planning through prediction and its ability to consider the impact of change within this country upon the total system. As well, Canada acknowledged her desire to develop better information systems and to share this with the world. 133

SECTION CO-ORDINATOR'S REPORT This Section met commencing the afternoon of Thursday, September 4th, 1975 and continued until Tuesday, September 9th. Discussion proceeded with the introduction of the question by preliminary statement from the Chairman and comment by the Specialist and further followed by comment and intervention by the Panel of Experts. The subject was then opened for general intervention by the Representatives of the various countries with comment from time to time from the Experts and Specialists. The primary topic was divided for purposes of discussion into three key issues as follows: (i) the identification of some of the major economic and social consequences of crime and of policies for crime control; ii) the assessment of the cost of crime, including policies for crime control, with indications drawn from research; and (iii) planning to minimize and redistribute the costs of crime. As was stated in the Congress "Provisional Agenda and Organization of Work":

The major effects of rising crime rates in terms of economic deprivation and strains on the social fabric are being felt in many countries. The issue is to identify and analyze these major effects from the standpoint of their human and material costs and in relation to the dissipation of the manpower and the financial resources needed for development and the fulfillment of national objectives for achieving a better quality of life. In the past, the prime concern has been with the general causation of crime, the developments of practices and methods of controlling crime in general. But this has usually been in isolation. There is now a new philosophy 134 developing in criminology that looks at crime in terms of the social and economic consequences. The result of this is that the new perspective develops a philosophy that the control of crime must be integrated into the broad national economic and social development. This has been based on the fact that in the last few years criminologists and some of the public have become more aware of the extended costs of crime to society. No longer should society be as much concerned about the traditional types of crime but should come to see that the larger crimes of a commercial or white-collar nature create more suffering and more victims and are exceedingly more costly to a nation's social and economic quality of life. It was generally agreed that the future would be taken with the development of an approach to the control of crime that would meet this problem and be integrated into the whole social and economic development of nations. In the past the criminal justice system had been almost exclusively the tool for the combating of crime. The new philosophy would view certain economic crimes more seriously than those of the traditional types of criminality and require action other than that of the criminal justice process alone. As a result, the decision would have to be made that would require the development of some portion of the criminal justice system to look more in depth at the costs of crime and their effects. This would necessitate the evaluation of the present approaches and the possibility of the emergence of new crimes, new crime policies, new crime prevention that would be based more on the relative harmfulness to society, with an assessment of their value and the long- term effect on the citizens and the nation as a whole. A continuation of the present approach and the criminal justice system is based on the lack of knowledge of the consequences of crime as against other harmful acts and as a 135 result the integration of the prevention of crime into the whole national social fabric has not been undertaken. These social consequences have been a concern to many criminologists resulting in suggestions for the revision of criminal legislation. This approach, in large part, has been accepted by the Canadian Law Reform Commission and is reflected in many of its recommendations published to date.

ECONOMIC CONSEQUENCES There was little disagreement with regard to the economic consequences of crime. There was, however, a difference of emphasis but it was primarily conceded that by far too great a portion of national resources were allotted in government budgets for the control rather than the prevention of crime. This was even more evident in the developing countries than in the developed countries. It is not easy to define the cost of crime at the national level. The economic consequences are fairly easily ascertainable at the individual or community level. If one is to estimate the economic consequences of crime on the indirect level, examination has to be made of the difficult questions of fair distribution of resources including income, its effect on national development and growth. Some anti-social acts are not yet established as crimes but there was agreement that if that was to be so, they should be divided generally as follows: (i) violence; (ii) theft; (iii) provision of goods and services in illegal markets (black market); (iv) large-scale appropriation of resources and maldistribution of income through the exploitation of widespread economic power; 136

(v) the dissipation or waste of scarce national resources and pollution; and (vi) corruption. As one will see, the first three types are traditional. It is, however, the least three that would be the most serious in terms of economic and social impairment on a national basis. It was suggested that this Congress should take the leadership to go beyond focusing merely on present legalistic terms of crime and should look at those crimes that have the greatest economic and social cost and recommend that these should in the future be established as crimes in all countries. This was not to give the impression that traditional crime does not inflict great cost but the socio- economic crime in the long run had many more consequences in terms of economic and social effect on nations. This then raised the question of the provision of data that would allow an assessment of its impact. When one con- siders ecological and pollution problems, definition of these crimes is difficult. But there was strong feeling that crimes against the state with great economic cost should be defined with the appropriate penalty. The section also considered the costs of crime in its present traditional concept. There was belief that the administration of criminal justice today was mainly along the traditional lines with minimal effect and was increasing in cost. It was adduced more economical and humane alternatives should be accepted, using community-based systems along with the decriminalization of certain crimes to achieve a reduction in cost. Such action might even have an effect on the recitivism rates. 137

SOCIAL CONSEQUENCES OF CRIME As earlier pointed out, the traditional approach to the consequences of crime has been related to the traditional types of crime with emphasis on the material aspect. The criminologists are now looking at the social consequences of crime and the suffering and social fear that is generated in the public at all levels. It is the fear of crime and the corruption that in some countries has resulted in social, economic and political instability and even changes of government. Even in Canada, the effect of crime can be felt mounting, through fear. There was unanimity that fear had a serious effect on the social environment of a country and that the present systems of criminal justice were not constructed or adequate to deal with the effects of crime. To do so, it had to be part of the social fabric of the country. There must be a greater inter-relationship between society and criminal justice and the consequences of crime and its effect. The inequities that are evident when one analyzes the burden of crime as falling more forcibly upon those portions of society that are the least powerful and are the victims of most social problems. It was noted that those that considered themselves a second-class group of citizens received most material aid but less social aids. The problem seemed to be that the concept of social cost of crime was not understood in many societies and those that professed understanding paid only lip service to the concept. 138

ASSESSMENT OF THE COSTS OF CRIME, INCLUDING POLICIES FOR CRIME CONTROL To quote again Congress material:

One of the main obstacles to a meaningful incorporation of crime prevention and control in the national development plans is the highly imprecise or total absence of reliable calculation of the cost of crime, and the government activities to prevent and control it, impose on the economy as well as on individuals and groups. Which of the principal approaches to and techniques for measuring the impact of crime to be considered by this Congress could best be ex- plored further and developed with a view to their effective application at the national and international levels? There was little doubt from the interventions and the submissions from the Experts that there was required a scientific assessment of the consequences of crime and the crime control policies. This was necessary because a better knowledge of the consequences of crime would focus more on those crimes that would appear to be the most harmful to society. The interventions pointed out problems. The first was the problem of adapting and transferring models from developed to developing countries. There had to be allowances for special needs and indigenous traditions. The second problem was the fact that one often had to deal with incomplete and imperfect data. There was a unanimous approval and understanding of the great costs in obtaining research data. It was therefore necessary to set up principles on which data could be used and accumulated on a sampling technique. This should be done not only on a local national level, but also on a global level. Taking into account the social consequences in these areas, it was suggested that regional criminological institutes would be the most useful to develop regional statistics to provide comparability. Other problems noted were those having to do with accounting for cultural factors and problems of hidden crime costs, but it was hoped that these factors would not cause 139

the neglect of such studies. Other studies moved focus up on the attitude of security, to assess crime costs by social indicators, the estimate of the cost of future crimes. Of particular interest to developing nations was the danger in underestimating the costs of crime from misleading figures. Other tasks to be met meant collaboration between those in the field and academicians, overcoming the doubt concerning some of the techniques and the shortage of personnel to undertake the tasks. There was general agreement that it would not be necessary in most instances to develop very sophisticated methods with their consequent high costs. Another danger was the over-estimation of criminality and the necessity of having appropriate reporting systems so that minor crimes were not included in serious crimes. It was admitted in the assessment of crime control costs that non-economic crime wasn't easy to establish. However, this was not to abandon crime statistics because they would be helpful with law enforcement and social planning. However, the overall broad picture is one that had to be expanded. It was conceded that irrespective of what program was developed that it was necessary to have on-going evaluation or assessment. This would allow for better use of resources. There are many techniques now available; however, many are expensive and their application is limited to more sophisticated techniques having specific relation to specific situations and therefore they had to be used with caution. On the other hand, there are cheaper techniques that might not provide the wide range desired. Whatever technique is used, it is necessary to have a detailed analysis of the operations and definition of the various parts of the criminal justice system. If there is good program evaluation established, then the costly problems of useless data would be avoided. Therefore, when assessing the economic consequences of crime, the procedures for the obtaining of such data 140 should involve the most reasonable possible cost and various methods were put forward, especially the use of universities. Various techniques of evaluation were discussed in detail. But, in any event, what was most needed was better communication between the researchers and the legislators so that the planning would be productive, that is, planning to minimize and redistribute the costs of crime. Quoting again from the "Provisional Agenda and Organiza- tion of Work" for the Congress:

On the basis of the discussion of the aboVe issues, implications will have to be drawn fbr the strategies to be followed in the future to minimize the Most noxious consequences of crime and to redistribute the costs of coffibating them more equitably among the various segments of society. Because of the inter-relationship between crime and the economic and social development of a country, the condition of crime can be seen as a measure of the development. There- fore, as stated,before any policy is developed to attack criminality it must be a part of the overall social planning of a country. When legislators are considering economic growth, they must look at its relationship to the prevention of crime. From statements of the socialist countries, it was obvious that there were more opportunities there for planning crime control measures. There was little question as to the acceptance of the necessity to plan the criminal justice system. How this planning was to be carried out too, was suggested, required comparative analysis. Some considered systems analysis, others analysis of the criminal justice system. Sight should not be lost of the value of an examination of other social controls such as health programs, mental health and social welfare programs. It must always be borne in mind that the main purpose was to enable the planning process to give information to their legislators. Planning to integrate social techniques and methods of obtaining information required development. It was established that in the 141 criminal justice system such planning or information is required as in any other social structure. Considerable emphasis was placed on the conclusion that a cost benefit approach would be more productive than the analytical techniques. One must be cognizant, however, of the subtle factors that might oppose the adoption of a cost benefit approach. The cost benefit approach might meet conflict with those that believe that the law must be respected and enforced regardless of the consequences, or those that fear the transition from an assessment of seriousness of crime based on social norms rather than cost, or the fear of threat to the independence of the criminal justice system by becoming involved in social and economic policies. The foregoing served to emphasize the necessity of planning for crime prevention and control as a part of any comprehensive national development plan. This has not been the case in the past and there has not been cross-reference between criminal justice planning and social economic planning. It was suggested that cost benefit studies would be the most effective and with the identification of objectives, goals, priorities, the implementation of the programs and with evaluation, success would be more likely. Research, however, should always be predicated on a scientific basis, especially when considering economic crimes. It was noted with the lack of long-term planning, particularly in developed countries, that crime control was often tied to the economic situation of the country. Measures for crime control were often delayed with the excuse that it would have to wait until it could be afforded. It was suggested that a better method of planning of crime control would be the choice of two alternatives, either increasing current expenditures or making more effective use of 142 resources. Either of these approaches could be used as part of economic and social planning. The Committee discussed certain specific areas for planning.

(i) Physical measures to prevent crime such as the wider use of cheques, protective systems etc. ii) Controlling urbanization by planning the development of cities, decentralization of industrial areas by reurbanization. (iii) Educational planning. In as much as most crime is committed by youth, there would be needed educational systems with more emphasis on vocational training and development of vocational opportunities. Also, youth should be instructed concerning the implication of crimes and how to be better citizens to understand national objectives and with particular emphasis on the involvement of youth in developing social planning and structures. (iv) Planned urban settlements for migrants. It was noted the problem of migrants coming to crowded portions of the city and the creation of ghettos and slum areas. The movement of migrants and indigenous persons to urban areas should be prepared by the education and development of social experiences that would allow these people to cope. This was all the more important because the slum areas seem to be the breeding grounds and the main concentrated areas for the development of criminality. Crime control programs would have to be developed and 143

local people involved in the preparation of these programs, including programs of self- help etc. (v) Planning for a more rational system of social- criminal justice. A consideration of the reactions of society towards crime implied the need for research of the various sanctions, correctional methods and imprisonment that were used with an assessment of the evaluation of their value. All program models would have to be researched to make sure that the protection of society was not diminished. It was agreed that all planning should develop a rational criminal justice system integrated with other social programs. Such development would require the input of all social sciences with diverse approaches and techniques, from all disciplines, so that the solution of the problem of crime would be developed in the larger context of priorities and social economic requirements.

REDISTRIBUTION OF THE COST OF CRIME The principle of assessing how the economic and social consequences of crime fell unevenly across society was well known and the section spent considerable time in examining this problem and developed several processes and examples to provide for an appropriate redistribution of the cost of crime and its consequences. It was agreed that any methods of distribution that would be developed should be primarily concerned with the removal of the most evident instances of unjust distribution. The main areas of issue were identified as being victim costs, indirect crime damages and crime control costs themselves. For example, the rich should be fined more heavily than the poor, thus equating penalty with economic status. Planning could be on an international basis, but upon adaptation the characteristics of each country would have to be 144 taken into account. There should be further meetings to find common ground that would have an international complex to enable the criminal justice planning.

RECOMMENDATIONS Nineteen recommendations were accepted by the Congress as a whole in a plenary session, all of which would be too detailed to discuss at this time; however, they were based on the foregoing discussion and generally sought to encourage the cost benefit development to ascertain and combat the social and economic consequences of crime. Generally, with regard to economic cost, all developments should take into account indigenous criminal justice research, the use of all possible personnel as a research resource, use of inter-disciplinary agencies based on the promotion, collection and analysis of appropriate data using tested techniques as much as possible. There was reiterated time and again the call to encourage simple research that would take into account dynamic criminal justice planning in the general national framework of planning. Specific recommendations were made to encourage the use of victimization surveys and crime statistics,' with emphasis on economic crimes and the development of a method of predicting changes in types of crime. The recommendations all called for improved educational programs and use of mass media, the use of clear concise language, and the use of the United Nations for the exchange of data and to provide technical assistance and training in the areas of cost benefit analysis and research.

The writer deemed it a distinct honour to have been chosen as a member of the Canadian delegation to attend the Fifth Congress on the Prevention of Crime. It was evident that although the delegation was small in numbers, it was 145 able to make,a contribution to the Congress that was reflected in the recommendations and accepted principles by the various Sections that made up the Conference. Although it was regrettable that it was found necessary to transfer the situs of the Congress from Toronto to Geneva, the early planning and administrative input certainly signi- ficantly assisted in the successful execution of the Con- gress and its business. The writer would comment that the preparatory meetings and the guidance given by the leaders of the delegation and the administrative staff attached was excellent and certainly assisted greatly in being able to take part and to contribute to the Congress. It would be hoped, however, that possibly more detail could be given in briefing with regard to the exact philosophy and process of the Congress for those who have never attended such a meeting. It took some time to become oriented and acclimatized to the method of procedure and to be comfortable working in such a formal- ized atmosphere. I found that the material supplied and the statements prepared forming the position of the Canadian Government on various matters to be considered at the Congress were excellent and enabled us to present Canada's viewpoint in many of the discussion areas. I would only express one concern, and that has to do with the fact that the delegation was so small that the requirements of taking part and contributing to the various Section meetings spread the manpower very thinly. This resulted in the fact that the delegates did not have as much time as would have been appropriate to meet informally with representatives of other countries to discuss similar problems and area interests. Generally, I would assess the Congress as having been reasonably successful. I was also impressed by the fact 146 that there was a considerable amount of unanimity on most of the main questions and problems posed in spite-of the wide divergence between the developed and developing cofintries, the western world and the socialist countries, all of which areas could have easily been impediments to the level of agreement achieved. I was further able to make the assessment that there was a sincere effort to develop programs and, notwithstanding the increase in crime and the crime problem throughout the world, approaches were manifestly rational and non- reactionary. The delegates did not appear to reflect the fearful attitude that has developed in the North American scene. The concern for crime was evident, but equally so was the optimism for the eventual solution of the problem tempered with the realization that it would not be a simple one.

CONCLUSIONS AND RECOMMENDATIONS The importance of research and evaluation techniques cannot be underestimated in facilitating planning with the Criminal Justice System. This point was made by virtually every country which addressed itself to this subject matter. In the Canadian intervention, reference was made to the increasing cost in the area of crime prevention. Our experience is similar to that experienced by virtually every country participating in the Congress. We share the importance of, as noted in the recommendations of Section IV, practical (applied) or problem-solving research. We share, with a number of other countries, concern for the victim and the role that he plays in the offence. Further, we share with many countries the desire to learn more about community attitudes towards the Criminal Justice System. This is seen as a two- way street to promote a better understanding on the part of the public of the economic and social consequences of crime 147

and to reflect public attitudes in not only our laws, but in the sanctions imposed upon those persons who offend against our laws. We have indicated to the member nations of the United Nations our willingness to co-operate with them in joint endeavours to work towards the mutual improvement of Criminal Justice Systems. This section developed a number of recommendations for managers of Criminal Justice Systems that should be taken I into consideration in research and planning. These recommendations are as follows: (1) Encourage cost-benefit thinking, if not cost- benefit research, with the understanding that economic costs are only part of the measur- able costs along the whole social cost con- tinuum. Cost-benefit thinking supplemented by simple research could give crucial information on directional changes which, for some purposes, was sufficient for policy purposes. The need for the use of some comparative analysis was crucial; (2) promote the development of the indigenous criminal justice research capability to directly serve the needs of policy-makers, planners and administrators; (3) promote the use of students as a research resource, particularly in a development context; (4) promote inter-disciplinary research agencies for criminal justice and inter-disciplinary workshops on national, regional and inter- regional levels; (5) promote the collection and analysis of data for policy-making purposes, using simple, cheap and effective techniques of "action 148

research", particularly by building in an evaluation component on pilot or demonstration projects; (6) encourage simple research techniques that were appropriate in particular national set- tings in order to avoid repeating the mis- takes of some developed countries;

(7) incorporate dynamic criminal justice planning within the general framework of planning, with emphasis on the interdependence of crime and crime control activities with all other planning sectors;

(8) encourage the use of victimization surveys and crime damage statistics as part of and sometimes in lieu of the development of comprehensive criminal justice statistics;

(9) recognize the significance of economic crimes, particularly corruption and damage to the environment, within a developmental context, and the effects of such crime on the development process; (10) develop the means to predict changes in the types of crimes as a result of criminogenic factors inherent in some stages or processes of development and as a result of actions or policies of agencies outside of the criminal justice system; (11) while recognizing the significance of the development model as an interpretation of criminogenic factors, in certain circumstances promote the use of other models as interpret- ive tools of criminogenic factors and activities; 149

(12) promote research and planning for a more equitable distribution of the costs and consequences of crime among different sectors of societies and on a transnational basis; (13) promote the integration, as a smoothly working system, of the various criminal justice agencies within nations, through the use of major structural reforms where necessary; (14) promote the maximization of individual freedom within the necessary constraints of effective crime control, consistent with national policies; (15) promote the recognition of the fact that some crime is provoked by official action or negligence; effective crime control measures should be geared to changes in official actions rather than individual behaviour. This was particularly true of such crimes as corruption, white-collar crime, international currency exchange crime, black market crime and the destruction of the environment; (16) through the use of improved educational programs and the mass media, promote a better understanding on the part of the public of the economic and social consequences of crime to promote social control and to narrow the gap between the perceptions of personnel working within criminal justice agencies and the general public; (17) make it a requirement that all research reports be written in clear, concise language and in a form easily understood by administrators; (18) include cost data in reporting crime trends 150

to the United Nations; and

(19) the United Nations should provide technical assistance and training in order to encourage the use of cost benefit analyses, systems analyses, and other comprehensive comparative planning techniques as well as collecting and disseminating information and reports using such techniques for crime control and crime prevention.

INTERVENTION MADE ON SEPTEMBER 5, 1975 BY JUDGE IAN DUBIENSKI IN SECTION V OF THE FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS SUBJECT: CRIMINAL STATISTICS AND RESEARCH ON AN INTERNATIONAL LEVEL

Mr. Chairman, and distinguished members: I would like first of all to compliment the United Nations Secretariat for the paper "Economic and Social Conse- quences of Crime, New Challenges for Research and Planning". Clearly, a great deal of work has gone into its preparation and it will serve as a base for discussion here, and also for further study within our respective countries. It hardly needs to be said that the cost of crime, even with the limited knowledge available to us, appears to be very significant. In the decade between 1961 and 1971 alone, total government expenditures attributable to crime rose from $300 million to $1 billion and they are still increasing. Cost related to crime, including direct financial loss to the victims of crime against property and person, cost of prevention and security measures in public institutions and private enterprises and residences, cost of insurance and loss of the wage earnings of confined offenders and incapacitated victims, and the consequent increased welfare burden 151 imposed by the families are currently estimated at $3 billion. It is also clear that current programs for dealing with crime problems have been inadequate in terms of reducing these problems. The vast majority of our criminal justice program continuest.x) draw off an ever-increasing amount of public funds and yet, research findings indicate that these programs have virtually no impact on the level of crime or recidivism. In short, both crime and our spending in relation to it continue to increase. Systematic research, based on objective assessment and understanding, must be the first step in any realistic attempt at ameliorating the present unsatisfactory pattern of crime, criminal justice and cost. The routine functions of operating many components of the Criminal Justice System are rarely questioned, and often proceed with little regard for our understanding of an effect on the overall system. A broad co-ordinated research effort will be most productive in evaluating the cost effectiveness of current programs, identifying wasteful practices and, most important, propos- ing alternatives in a more economical and otherwise more fruitful direction for the future. Recognizing the importance of research to both policy planning and program decisions with all elements of the Crim- inal Justice System, the Ministry of the Solicitor General in Canada has expanded both the staffing and the budget of its Research Division. The Division hopes to play a key role in the field of human science research in the Canadian Criminal Justice System. This Division is oriented towards practical applied research. It is looking for ways of reducing the total social and economic cost of criminal activity in Canada by helping to further the understanding of the phenomenon of crime and its Criminal Justice System. It is seeking to fill this role by enabling users to determine, on a priority basis, areas in which research can make a 152

significant contribution. To this end, it supports, co- ordinates and executes research. Its concern is to ensure that human science research undertaken can result in findings which impact directly and beneficially on the development of policy and programs, and the operations of organizations associations with the Criminal Justice System. The Ministry's research program is outlined each year in an annual guide which is available here for any interested party. It includes a wide range of topics of interest to the Ministry and its efforts to formulate new legislation and policy and to revise existing policy to improve the effectiveness of Ministry programs and procedures through the system, and indicates also the cost and workloads at each of the stages. We have also developed a computer model to predict the flow and population of offenders between and within federal corrections agencies. This model will assist in policy making and planning by enabling Ministry staff to list the probable effects of a number of specific and alternative changes in legislation and policies, particularly those which affect the length of time served by inmates in institutions and on parole. Although these models will provide a useful tool to planners, their development should be approached with caution for reasons already mentioned by speakers from the United Kingdom and Australia. First, the models are based on sophisticated statistical methodology requiring statisticians with experience and knowledge of the Criminal Justice System. These people are rare, at least in our country. Second, if the models are to be used, they require operational people who are committed to the use of the said models. Finally, and more importantly, they require data which is not generally or easily available. Good criminal justice 153 data and information are required, not only for these models but for most research, and we believe it is an area which is not well understood, often overlooked when it comes to resource allocation. Research requires a good deal of attention, both nationally and internationally. We have noted this point in the Reference Document, and Canada is prepared to.lend support to any endeavours to develop better information, although we would echo the point previously made by Australia, in that the development of good data is itself costly and caution must be taken to make sure that what is being collected is essential. Thank you, Mr. Chairman. X FURTHER CANADIAN CONTRIBUTIONS AND PARTICIPATION IN ANCILLARY MEETINGS

Approximately sixty-five Canadians attended the Congress in capacities other than as official delegates. These people all contributed to the organization or deliberations of the Congress. Six members and two consultants of the original Canadian delegation were able to come to Geneva as individual participants. These were: Mr. R.P. Francis The Honourable Mr. Justice William J.C. Kirby Mr. Serge Kujawa, O.C. The Honourable A.B. Macdonald, Q.C. Mr. Ambrose Murphy Dr. André Normandeau Her Honour Judge Sandra E. Oxner Mr. Isser Smith All Canadians who are known to have been registered as individual participants are listed in Appendix "D". At least three Canadians were known to be representatives of international non-governmental organizations in consultative status with the United Nations. These were: Professor Louis Kos-Rabcewicz-Zubkowski representing the International Association of Penal Law His Honour Judge Victor Lorne Stewart representing the International Association of Youth Magistrates Mr. John R. Troniak representing the World Federation of United Nations Associations 155

The official Program of the Congress included a series of five lectures by internationally known experts. These were: Dr. Ahmad Khalifa (Egypt) Dr. Vladimir Kudryavtsev (U.S.S.R.) Dr. Manuel Lopez-Ray (Bolivia) Mr. W.T. McGrath (Canada) Dr. Khaleeq A. Naqvi (India) Canada was honoured that Mr. W.T. McGrath, Executive Director of the Canadian Criminology and Corrections Associ- ation had been invited to the Congress as a lecturer. Mr. McGrath addressed the Congress on the subject "Developing a Stable Base for Criminal Justice Planning". His paper is reproduced as an appendix to this report. Several Canadians fulfilled roles as consultants and panelists in the different sections. These included: Mr. John Hogarth Chairman British Columbia Police Commission Mr. Robert Stewart Executive Officer British Columbia Police Commission Mr. John W. Ekstedt Executive Director Justice Development Commission British Columbia Their papers are reproduced in the appendices to this report. While the extensive ancillary programs planned for Tor- onto could not be transferred to Geneva, some ancillary meetings were organized by non-governmental organizations. The Howard League for Penal Reform, The International 156

Council for Alcohol and Addiction and the International Pris- oners Aid Association sponsored a joint meeting on the subject of "Transfer of Sentence to Home Country". This was of prime interest to Canadians. The International Society of Criminology, The Inter- national Association of Penal Law, The International Penal and Penitentiary Foundation and The International Society of Social Defence held an open meeting to discuss the subject "Loss of Liberty as Seen in the Fight Against Crime, Particu- larly in Regard to Its New Forms and Dimensions". Amnesty International provided the Congress participants with leadership in the discussion of "Legal and Profes- sional Ethical Aspects of Torture" and "The Strengthening and Implementation of the United Nations Standard Minimum Rules for the Treatment of Prisoners". The International Society of Social Defense, The Inter- national Association of Penal Law and The International Society of Criminology held separate meetings to discuss the following subjects: "Legal Policy as Related to the New Forms and Dimensions of Delinquency", "The International Criminal Court" and "New Forms and Dimensions of Crimin- ality". Professor Louis Kos-Rabcewicz-Zubkowski of the Centre of Criminology, University of Ottawa, participated in the panel on "The International Criminal Court". The Alliance of Non-Governmental Organizations on Crime Prevention and Criminal Justice organized a seminar on "Women in Criminal Justice", and Judge Sandra Oxner, a member of the original Canadian delegation, was a panelist at this meeting. Judge Lorne Stewart of the Centre of Criminology, University of Toronto, had organized a special ancillary program on the subject of "Juvenile Justice", which was to have taken place in Toronto. Judge Stewart was successful 157 in keeping his organization intact so that the program did take place in Geneva; it was, in fact, one of the most popular and successful ancillary meetings. A Pre-Congress Research Meeting had been planned to take place in Montreal, Canada from the 28-30 August, 1975. This meeting was designed to interest scholars and administrators of research programs. The responsibility for the organization of the meeting rested with the United Nations Social Defense Research Institute (UNSDRI) and the Inter- national Centre for Comparative Criminology, in Montreal. When the venue of the Congress was changed to Geneva, the organizers were able to proceed with the Research Meetings on a modified basis in Geneva. Dr. Denis Szabo, Director of the International Centre for Comparative Criminology was, of course, a prime mover in the preparation for these meetings, which added greatly to the opportunity for scientific discussion. Inspector Jim Currie of the Royal Canadian Mounted Police had been seconded by Canada to the United Nations Secretariat staff for a period of two years in the preparation for the Congress. He had made a substantial contribution to the preparation of the working papers for Section III of the Congress which discussed "The Emerging Roles of the Police and Other Law Enforcement Agencies with Special Reference to Changing Expectations and Minimum Standards of Performance". At the time of the Congress, Inspector Currie served as a representative of the Crime Prevention and Crim- inal Justice Section, in the deliberations of Section III. Nineteen members of the staff of the Canadian Co- ordinating Unit for the Congress joined the Geneva Confer- ence Services staff and the staff of the Executive Secretary of the Congress, to assist in the provision of Conference Services. This contingent was under the direction of Mr. Marcel Laniel, Deputy Canadian Co-ordinator for the Congress. At the closing ceremonies of the Congress, Mrs. Helvi Sipila, 158

Assistant Secretary-General of the United Nations, particularly thanked Canada for the contribution of Canadian personnel in the preparation for the Congress and assistance in Geneva. The names of the Canadian staff members who assisted in Geneva are listed in Appendix "E". X I CONCLUSIONS AND EVALUATION

In general, the Delegation was satisfied that Canadian interests were advanced during the course of the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. At various times, individual Canadians have asked what the immediate value to Canada of Congresses such as this might be. On the basis of the Delegation's reports, it is clear that progress was made on several subjects which will have value for Canada through proposals for Canadian legislation as well as our criminal justice processes. The Delegation entered into no firm commitments, since this was neither required nor expected of a Congress of this nature. Nevertheless, there was international agreement on a variety of subjects in which Canada was interested. These include such areas as extradition, international exchange of parole supervision, international code of ethics for police and in the prohibition of torture for all detainees. Some of the conclusions reached by the Congress will be of help to Canadian Delegations at other international meetings. For example, the Canadian position developed to eliminate torture will be the subject of discussion at the 30th session of the United Nations General Assembly. None of the conclusions of this Congress are expected to create difficulties for Canadian Delegations at other meetings. When the Delegation came to Geneva, there was some concern that there might be criticism from the United Nations Secretariat or .from Government delegations in respect to the change of venue from Toronto to Geneva. In fact, there was no criticism of Canada during the Opening Ceremonies. Dur- ing the Closing Plenary Session, however, the Delegation from Libya expressed the opinion that the Conference had 160 been a considerable success and recalled the fact that the Government of Canada had felt that the Conference must end as a failure. Later on, the Delegation from Syria referred to "obstacles" which had prevented the Conference from being held in Canada. Privately, a number of individual delegates expressed to members of the Canadian Delegation regret at not being able to visit Canada and Toronto. The Non-Governmental Organizations, in particular, found that facilities for their participation at the Congress were far less satisfac- tory in Geneva than they would have been were the Congress held in Toronto. There seemed to be some considerable understanding of the Canadian position concerning the change of venue on the part of one or two Delegations but, on the balance, there was neither criticism nor support for the position taken by Canada. Consequently, throughout the Congress, the Canadian Delegation found itself free to pursue its substantive objectives without any inhibition. The Delegation was also concerned, as it began its work, that Middle East issues and other political problems might intrude to prejudice the conference's substantive role. Pol- itical issues were not absent, e.g. terrorism and torture, but there was no undue politicization of the proceedings. There were, of course, unrealistic positions taken by the Eastern European countries (by definition there is no crime in their countries) and there were references in the speeches of Arab Delegates which could have been construed (and, no doubt, were intended to be construed) as being anti-Israeli. However, Israel was not mentioned by name and the absence of a Delegation from that country no doubt prevented clashes which would have otherwise taken place. Generally speaking, the Delegation felt it fared well with its substantive initiatives. It is obvious, however, that in the field on which there is a United Nations Con- gress only once every five years, progress is slow. Further, 161 it is obvious that given the great differences of legal background, detailed agreement between all members of the United Nations Congress on special issues was virtually impossible to achieve. As a consequence, the Conference conclusions are expressed in very general terms. To many Delegations, the chief importance of our presence at the Conference was conveyed in the text of the speeches which our delegates made. There were also many references to Canadian advances in criminology and, in particular, the reports of our Fed- eral Law Reform Commission. Members of the Canadian Non- Governmental Organizations made a considerable contribution through their representatives during the official sessions as well as in the Ancillary Programs. The contributions of such persons as: Mr. Bernard Hofley Mr. John Hogarth Dr. Louis Koz-Rabcewicz-Zubkowski Mr. William McGrath Judge borne Stewart Dr. Denis Szabo to name but a few. Specific areas in which the Delegation made a special effort with a brief indication of the results are as follows:

(1) Extradition: Considerable interest was aroused by the Canadian proposals and these initiatives were reported in the reports of the first and third sections. The United Nations Secretariat agreed that it would examine and report on the possibility of developing a multilateral convention on this matter.

(2) Transfer of Parole Supervision: The Canadian Delega- tion undertook a major initiative on the issue of reciprocal transfer of parolees. In Geneva, informal meetings were held with delegates from a number of nations to ascertain: 162

(a) the reaction to the Canadian proposal made in the fourth section; (b) whether or not they would be prepared to support such a proposal; and (c) whether or not they were interested in entering into bilateral agreements on the exchange of parolees and, if so, what the appropriate mechanisms for such negotiations should be. The following countries indicated a positive response: United States, United Kingdom, Australia, Belgium, Turkey, Netherlands, India, Denmark and Austria. Discussions with France and Senegal were constructive, but there appeared to be little chance to conclude such an agreement because of the tremendous differences in the administrative structures regarding the administration of conditional liberation. They both indicated an interest in the transfer of inmates, however, so some ground was gained. In the fourth section the United Nations Secretariat agreed to undertake a study of a possible multilateral convention on this matter.

(3) Female Offenders: Considerable interest was aroused by the Canadian Delegation's statement in Section I of the official meetings and at an Ancillary Program to deal with the female offender.

(4) Torture: A strong Canadian proposal for an amendment to the Standard Minimum Rule to eliminate torture was reflected by a conference decision to encourage international action to eliminate torture.

(5) Minimizing Penetration in the Criminal Justice System: The work of the Federal Law Reform Commission in the area of decriminalization and diversion attracted much attention at the Congress. Members of the Canadian Delegation made statements in Section II and Section IV indicating a desire to 163

exchange information with other countries. In addition, a member of the Delegation was a member of the Panel of Consul- tants for this subject in Section II.

(6) Standard Minimum Rules: The Canadian Delegation, along with a number of other countries, announced that we endorse the Standard Minimum Rules and will refer the Rules for implementation to the Organization of Ministers and Deputy Ministers. In addition, the Canadian Delegation made a number of other proposals in relation to the Rules to facilitate their wide-spread acceptance both within Canada and in other nations.

(7) Criminal Statistics and Research on an International Level: The Canadian Delegation shared with participating nations our experience in the collection of statistics and indicated our willingness to co-operate with other nations through the sharing of information and the results of our criminal justice projects.

The Canadian Delegation completed its work on September 12, 1975, satisfied that Canada's reputation for leadership in this field had been maintained and that, in certain areas, considerable progress has been made both on a bilateral and a multilateral level. XII RECOMMENDATIONS FOR ACTION

At its Post-Congress meeting in Ottawa on December 8, 1975, the Canadian Delegation reviewed all the topics on which Canadian positions had been prepared and made recommendations as set out below.

TOPIC A-1 ELIMINATION OF TORTURE The delegations from Sweden and The Netherlands had jointly sponsored a proposal for the elimination of torture. The proposal was drawn largely from the Universal Declara- tion of Human Rights and Article Seven of the International Covenant on Civil and Political Rights. This proposal met with considerable support including endorsation by Canada. At the same time, the Canadian Delegation suggested that an amendment to the Standard Minimum Rules for the treatment of prisoners might be a step towards effective observance of any declaration on torture and made a proposal to this effect. This proposal received considerable support, but it was not as widely publicized as that from the Swedish and Netherlands Delegations.

Further Action Already Taken On November 28, 1975, the Third Committee of the United Nations General Assembly adopted by consensus two resolutions on the subject of torture. The first was the Declaration on the protection of all persons from being subjected to torture and other cruel, inhuman or degrading treatment or punishment. The second resolution is intended to further international efforts to ensure effective observance of the Declaration. Canada was a co-sponsor of these resolutions. 165

(NOTE: The resolutions were passed unanimously by the General Assembly on December 9, 1975. See Annex 1 to this chapter.) The resolutions requested the Commission on Human Rights to study the question of torture and any necessary steps for the effective observance of the Declaration and to formulate a body of principles for the protection of any person under any form of detention or imprisonment. The resolution also requested the Committee on Crime Prevention and Control to elaborate on the proposals for the code of conduct for law enforcement officials and to submit this draft Code to the General Assembly at its Thirty-third Session. Canada has recently become a member of the Commission on Human Righits. Our representative is Mr. Yvon Beaulne. Canada is not a member of the Committee of Crime Preven- tion and Control.

Recommendations Our representative on the Commission on Human Rights should be requested to review the material prepared for and resulting from the Congress so that he can make an appropriate submission to the Commission when it meets in Febru- ary-March 1976. No doubt, considerable difficulty will be encountered in implementing the resolution dealing with this subject. Canada's proposal to amend the Standard Minimum Rules is a concrete proposal that may still have some merit and could be placed before the Commission by our representative if he discovers no contra-indication. Mr. Bernard Hofley, Assistant Deputy Minister, Research and Systems Development, is at present chairing a Federal- Provincial Committee dealing with the issue of inmates' rights. This Committee should also be made aware of this material and consider incorporating appropriate portions into their proposal. 166

Canada's action in respect to the code of conduct for law enforcement officials is dealt with under Topic A-3.

TOPIC A-2 EXTRADITION During the Congress, Canada formally indicated to the participating countries that we were prepared to review our present extradition treaties and that we are interested in (,) entering into additional treaties with other countries. The Canadian Delegation interventions on this matter were in Sec- tion I and Section III.

Further Action Already Taken An interdepartmental meeting on this matter was held on November 17, 1975 in which it was agreed that the Bureau of Legal Affairs, Department of External Affairs be requested to assume co-ordination responsibility for this matter. Fis- cal offences cannot be added until domestic law with respect to the enforcement of such provisions has been amended. The Department of Justice has a system of priorities with respect to the establishment of new treaties. The feasibility of multilateral treaties will be considered.

Recommendation The Bureau of Legal Affairs of the Department of Exter- nal Affairs in consultation with the Department of Justice should pursue this initiative. It is understood that a list of priorities for negotiation in this area has been prepared. The Secretary of State for External Affairs and the Minister of Justice should be requested to review these priorities in light of developments in Geneva. Note should be taken of the expressed wishes of Kenya and Nigeria to enter into extradition treaties with Canada. 167

TOPIC A-3 INTERNATIONAL CODE OF POLICE ETHICS The Canadian Delegation formally acknowledged the need for and our support of the Draft Code of Police Ethics that was circulated prior to the Congress. An intervention was made to this effect by the Canadian Delegation.

Further Action Already Taken The proposal for an International Code of Police Ethics has been referred to the Committee on Crime Prevention and Control which will meet in June of 1976.

Recommendation In light of the support given the draft proposal by the Canadian Delegation, the Canadian Delegation to the United Nations should request the Economic and Social Council to permit Canada to send an observer delegation to this meeting. A representative from the Royal Canadian Mounted Police and the Ministry of the Solicitor General Secretariat should be included in the observer delegation. In making this request, note should be taken of the role that Canada played in the development of the draft Code.

TOPIC A-4 INTERNATIONAL METHOD OF COMMUNICATION In Section V, members of the Canadian Delegation indicated our willingness to participate in the development of and to use some international index of crime and delinquency which would standardize definitions of crime and thus make such things as international comparisons much easier.

Further Action Already Taken The development of some form of international index has been designated as a priority item for the Section of the 168

United Nations for the Prevention of Crime and Criminal Jus- tice.

Recommendation

The lack of a common definition of a number of crimes was suggested as the major stumbling block in developing some form of international communication. It is recommended that Canada, through the Ministry of the Solicitor General, the Department of Justice and Statistics Canada, support initiatives designed to develop common definitions on both a national and an international level.

TOPIC A-5 RECIPROCAL ENFORCEMENT OF PAROLE SUPERVISION In Section IV, Canada announced our willingness to enter into bilateral, if not multilateral, agreements for the reciprocal enforcement of agreements under which persons are released conditionally from prison. Through informal meetings, considerable support was obtained for this proposal and, in fact, a number of countries spoke about the desire of expanding it to include an exchange of prisoners.

Further Action Already Taken Interdepartmental meetings on this matter have been held subsequent to Congress. As a result of these meetings the following program has been developed to ensure implementation: (1) a collection of all related data on this matter is underway; (2) an interdepartmental committee has been established to develop a strategy for dealing with other countries on this issue; (3) a review of the work done already in this area by the Council of Europe has commenced; 169

(4) a meeting is planned on December 14 and 15, 1975 with American officials to pursue discussions begun by members of the Delegation in Geneva.

Recommendation

Officials from the Ministry of the Solicitor General in consultation with the Secretary of State for External Affairs should follow-up with those countries who indicated a willingness to enter into such discussions with us and to include in their discussions the possibility of an exchange of prisoners as well as that of parole supervision. In view of the involvement of the Provinces, the matter should be placed before the Continuing Committee of Deputy Ministers of Corrections at an appropriate time. Steps should be taken to identify where Canadians are being detained abroad and,conversely, what nationals are being detained in Canadian prisons in order that some priority can be established in this matter.

TOPIC A-6 UNITED NATIONS' STANDARD MINIMUM RULES In approving the instructions for the Canadian Delega- tion to this Congress, the Cabinet agreed that the Delega- tion should indicate to the Congress that Canada has adopted the Rules and will refer these for implementation to the Committee of Federal/Provincial Ministers and Deputy Minis- ters of Corrections. The Honourable J.R. Boyce made this commitment on behalf of the Government of Canada. A survey in 1974 conducted by the Ministry of the Soli- citor General revealed that Canada has achieved 70 percent implementation of the Rules. The weakest area of application is with regard to the standards for persons awaiting trial (Section C, Rules 84-89). 170

At the present time, there are a number of studies being conducted in Canada in this matter. The study on the use of dissociation is but one example.

Recommendation (1) The Ministry of the Solicitor General should place this item on the Agenda for an early meeting of the Ministers and Deputy Ministers of Corrections; (2) since the Rules will apply to these persons questioned and/or detained by tile police, the matter should be referred to the Minister of Justice for discussion with the Provincial Attorneys General; and (3) further, the Ministry should be willing to participate with an international group of experts whose task is to review the proposed standards and guidelines for community-based programs. The Canadian Delegation was instructed to enter into full discussions with other delegations on the following topics, but only after consultation with Ottawa would any initiative be taken to sponsor or co-sponsor resolutions resulting from these discussions.

TOPIC B-1 ABORIGINAL PEOPLES The Canadian Delegation recognizing that a dispropor- tionate number of aboriginal peoples find themselves involved in our Criminal Justice System, had gone with a number of proposals which they wished to discuss with other delegations. Constructive informal discussions were held but, unfortu- nately, it was not possible for a member of the Canadian Delegation to make a formal statement on this subject. 171

Mr. Bernard Hofley made reference to our proposals in an ancillary seminar on research items. This intervention brought comments from other delegations, notably Denmark.

Further Action Already Taken Arrangements are now being made by the International Centre on Comparative Criminology with interested countries for a meeting on "Deviance and Socio-Legal Control in Arctic Regions" to take place in August of 1976.

Recommendation The Ministry of the Solicitor General, the Department of Indian and Northern Affairs, and the Department of Jus- tice along with other appropriate Ministries and Agencies of the Federal Government should maintain the initiatives which were developed at the Conference held in Edmonton last Febru- ary. Responsible ministries and departments should continue to communicate with other countries on this subject.

TOPIC B-2 CONTINUING ROLE OF THE UNITED NATIONS' SECRETARIAT The Crime Prevention and Criminal Justice Section of the Social Development Division of the United Nations will require additional support if it is going to undertake some of the initiatives which have emerged from this Congress. This item was discussed at the Coneess and particular note was made of the financial problems of the Secretariat by the Australian Delegation. The members of the Canadian Delega- tion made no formal comment on this subject. Moreover, an increasing number of persons involved in the Canadian Criminal Justice System have entered into discussions with colleagues from other countries in their particular area of expertise. Given this increase in transnational communication, it would seem appropriate that these 172 activities be co-ordinated both within Canada as well as in the international community. In regard to the latter, the United Nations' Secretariat can be used as an information clearing house.

Further Action Already Taken At its meeting on December 8, 1975, the Canadian Delega- tion urged that some priority be given to the following recommendation.

Recommendation The Ministry of the Solicitor General should consider the feasibility of developihg an International Liaison Unit within the Ministry's Secretariat. The tasks for this Unit would include the development of a liaison function with the United Nations' Section on Crime Prevention and Criminal Jus- tice and the various research institutes established under the Social Defence Trust Fund. (See also Topic B-7)

TOPIC B-3 CRIMES OF VIOLENCE Violent crimes, including acts of terrorism, appear to be on the increase in many regions of the world. The Cana- dian Delegation did not speak on this subject directly, but made reference to such things as the connection between chemical abuse and violent crime in their discussidns.

Recommendation A number of proposals are contained in the instructions to the Canadian Delegation. These proposals include research possibilities, community education programs, as well as legislative changes. These recommendations should be reviewed by the Policy Planning and Program Evaluation Branch of the Min- istry of the Solicitor General with a view to possible implementation. 173

TOPIC B-4 CRIMINAL STATISTICS AND RESEARCH ON AN INTERNATIONAL LEVEL Changes and rates of crime are affected directly by the definition of a crime. Definitions of a crime vary throughout the world. Under Topic A-4 and in Sect-on V the Canadian Delegation urged an international committee to work towards the development of a common set of statistics.

Recommendation This should be a continuing concern of the Research and Systems Development Branch of the Ministry of the Solicitor General.

TOPIC B-5 CRIMINALITY RELATED TO MOTORIZED 1I4RAFFIC On this agenda item, the delegates struggled with the role of the police officer due to the increased amount of time that police officers spend on traffic control problems. The Canadian Delegation made an intervention on this subject, indicating that police forces in Canada should remain an integral agency within the Highway Transportation System, but be prepared to engage community persons in the enforcement of meter legislation, direction of traffic and in community education programs.

Recommendation There appears to be no need for further action in regard to this matter at this time.

TOPIC B-6 FEMALE OFFENDER The Canadian Delegation went prepared to discuss this topic in detail because of continued concern about the increase in the number of women who are becoming involved in 174

the Criminal Justice System. The Canadian Delegation made an intervention on this topic, requesting to hear from other delegations.

Recommendation This matter is presently the subject of a task force within Canada and the recommendations of this committee should soon be available for examination.

TOPIC B-7 INTERNATIONAL CO-OPERATION IN RESEARCH AND PLANNING THROUGH THE AUSPICES OF THE UNITED NATIONS The Canadian Delegation went prepared to recommend an increase in the United Nations' Crime Prevention Section's effort to assist less-developed nations to improve their research and planning capability within the Criminal Justice System through the establishment of regional criminal justice research and planning institutes. No intervention was made by the Canadian Delegation on this matter.

Recommendation Canada should seek to have the United Nations recon- sider the allocation of money given to the Section on Crime Prevention and Criminal Justice. Since this money will have to be reallocated with the United Nations' budget, the Cana- dian Delegate to the Fifth Committee of the United Nations' General Assembly which deals with budget matters should be requested to make this proposal and urge other nations to support these endeavours.

TOPIC B-8 JUDICIAL PROCEDURES In preparation for the meeting, the Canadian Delegation wanted to take advantage of the opportunity to examine ways 175 and means of improving our current procedures for modifica- tion within our Criminal Justice System. The Delegation was prepared to discuss with other delegations such things as the appointment roles, and standards for officials: the adversary approach; and accessibility, simplification and lay participation within our current judicial processes.

Recommendation Although the Canadian Delegation made no formal intervention on this matter, a number of the items were discussed in Section II and the reports of this committee would be of interest to the Department of Justice and the Federal Law Reform Commission.

TOPIC B-9 MEDICAL AND NON-MEDICAL USE OF DRUGS The Canadian Delegation went to Geneva prepared to examine ways and means of controlling the use of psycho- tropics. A number of proposals were made in various sections including request for additional research, the development of preventive and remedial policies, and the expansion of the use of extradition in relation to chemical offences; these were but a few of the proposals made by the Delegation in the formal sessions. During the formal sessions the Soviet Bloc acknowledged that alcohol is a drug and that alcoholism is a major aspect of drug abuse. This acknowledgement will be of significance to the Department of National Health and Welfare's Non- Medical Use of Drugs Directorate.

Recommendation In addition to the Non-Medical Use of Drugs Directorate, the Department of Justice and the Secretary of State for Ex- ternal Affairs, along with the Ministry of the Solicitor 176

General, should review the comments made pertaining to drug abuse and the control of drug traffic. This is an item of particular importance in the area of extradition. (See also Topic A-2)

TOPIC B-10 MIGRANTS AND IMMIGRANTS Migrants and Immigrants often bring to an area different social and cultural values from the particular receiving area. As a result of not being familiar with the language, customs, and laws of the country, many experience difficulties and frequently they find themselves involved with the Criminal Jus- tice System. The Canadian Delegation did not intervene on this matter, but our position expressing concern of possible social and economic exploitation and the possibility of developing preventative measures were consistent with those delegations that did intervene in the formal sessions.

Recommendation A number of proposals were accepted by the delegates in the report of Section I, Paragraph 60 of the document A/Conf. 56/L.3 which should be reviewed by Manpower and Immigration, External Affairs, Health and Welfare, Customs and Excise, and other appropriate Canadian departments.

TOPIC B-11 MINIMIZING PENETRATION IN THE CRIMINAL JUSTICE SYSTEM The documents of our Federal Law Reform Commission were quoted extensively in the material prepared by the United Nations for use at the Congress. Members of the Canadian Delegation indicated that there has been an over-reliance on criminal law as a means of dealing with a multitude of social problems and, consequently, Canada is currently involved in programs to divert people from the formal Criminal Justice 177

System and also programs which make selective use of the concept of decriminalization. Formal interventions were made in Section II on this subject and were referred to by speakers in all other sections.

Recommendations Canada seems to be recognized as a leader in the field of diversion and,consequently, such departments as Justice, Solicitor General and Health and Welfare will undoubtedly be consulted and should willingly assist in the development of programs of this type.

TOPIC B-12 POLICE/CITIZEN INVOLVEMENT The Canadian Delegation was prepared to discuss at length the various ways and means to develop mutually satis- factory relationships between the citizen and police. This appeared to be a subject of considerable interest to most delegations and from those persons who spoke, the problems in developing constructive relationships appeared to be similar to those encountered by Canada.

Recommendation Canada, in particular the Departments of the Federal and Provincial Attorneys General and within the Ministry of the Solicitor General, the Police Security and Policy Anal- ysis Branch as well as the R.C.M.P., should continue to con- suit with other nations as to the best means of fostering the willingness of citizens to share with police responsibility for the maintenance of law and order. Further, these groups should consult to determine the best means of assessing and evaluating community programs and share the consequences with each other. Note is taken of the fact that Mr. Eric Cox, Director of Corrections, Manitoba, will be spending the next year in England in order to examine this 178 problem. The need to develop some structure to share this information is self-evident.

TOPIC B-13 POLICE TRAINING The Canadian Delegation was prepared to press for the establishment of international and/or national standards for the training of police officers. This was seen as particularly important in light of the varied and complex responsibilities assumed by police frequently involving many nations. The Canadian position was similar to that proposed by most speakers on this subject, although Canada made no formal intervention.

Recommendation Canada, through the Secretariat of the Ministry of the Solicitor General, the Royal Canadian Mounted Police and the Canadian Police College should continue to develop programming to improve the selection of police officers to provide current, basic and in-service training and to emphasize the potential for crime prevention in training programs.

TOPIC B-14 PRIORITIES IN INTERNATIONAL LAW ENFORCEMENT Canada made a formal intervention on this subject, urging that extradition be used to a much greater extent to apprehend those persons who hide behind jurisdictional boun- dary but who are known to be actively involved in such things as fiscal offences, drug trafficking and forms of terrorist activity. Canada took advantage of this topic to press the issue of extradition treaties on both the national and multinational levels. 179

Recommendation The Canadian position contained proposals to deal with drug trafficking, commercial crime and terrorism on the international level. These statements should be reviewed by appropriate branches within the Ministry of the Solicitor General, Justice and External Affairs. (See also Topic A-2)

TOPIC B-15 PRIORITIES IN POLICING As a consequence of a number of inter-related factors, the need to set priorities in all areas of policing, particularly in the area of white-collar and organized criminal activity, was recognized. In addition, there is considerable emphasis on the necessity for preventative policing. The position developed for the use of the Canadian Delega- tion was met by support from other delegations participating in Section III.

Recommendation Canada through the R.C.M.P. should continue and strengthen its support of such international organizations as INTERPOL. Further, Canada should attempt to strengthen INTERPOL by encouraging other governments to support this organization. Training programs for police officers dealing with international criminal activity need to be developed. This matter should be referred to the R.C.M.P. for implementation within Canada.

TOPIC B-16 PRIVATE POLICING The Canadian Delegation had developed a statement on the relationship between private policing and the Criminal 180

Justice System which placed emphasis on the necessity for the establishment of a working relationship between police forces and private security agencies. Further, the necessity for the development of a frame of reference by various levels of government for private security agencies was acknowledged. The Canadian position identified the same problem areas.

Recommendation Canada should continue to work towards the development of a frame of reference which will not only recognize the contribution made by private security services performing police duties, but also will serve to identify their function and to develop standards for the service which they deliver. This matter should be reviewed by the Ministry of the Solicitor General including both the R.C.M.P. and the Police and Security Planning and Analysis Branch, the Continuing Committee of Deputy Attorneys General and by other appropriate Provincial and local authorities who are responsible for police matters.

TOPIC B-17 RIGHTS AND RESPONSIBILITIES OF INMATES AND PAROLEES At the present time in the majority of countries, the decisions affecting the life of those persons who fall within the jurisdiction of the Criminal Justice System are subject to administrative discretion as the rights of those persons are not explicitly defined. There appeared to be agreement that the protection of the rights of prisoners is of critical importance and should receive attention by those persons responsible for their conduct. 181

Further Action Already Taken This matter is the subject of a Continuing Federal/- Provincial Committee under the chairmanship of Mr. B.C. Hofley, Assistant Deputy Solicitor General, Research and Systems Planning.

Recommendation At the Congress, there was a consensus that a prisoner retains all of the rights of an ordinary citizen except those expressly taken away by law or as a necessary consequence of incarceration. Accordingly, it would appear necessary that the Ministry of the Solicitor General review our parole and institutional regulations to ascertain whether or not the offences described in the regulations are clearly stated and further to make certain that the individual is advised of his rights.

TOPIC B-18 ROLE OF CRIMINAL LEGISLATION, JUDICIAL PROCEDURES AND SOCIAL CONTROLS IN THE PREVENTION OF CRIME Legislation is one of the ways in which a society endeavours to control its social problems. There was recognition that over-reliance upon legislation may complicate a situation rather than clarify it.

Recommendation The activities of the Federal Law Reform Commission in the area of the reform of criminal law should be encouraged. Our experience should be made available to the various United Nations' agencies involved with the criminal justice problems. 182

TOPIC B-19 ROLE OF THE POLICE The traditional role of •the police is that of law enforcement. Today, more and more police forces are expected to provide a wide variety of services to the public that involve them directly with the community. In Canada this aspect is becoming even more important due to the increased use of diversionary programming.

Recommendation The proceedings of this Congress should be brought to the attention of police forces in Canada through the Cana- dian Association of Chiefs of Police. The police and other appropriate authorities should continually re-assess the dynamic balance required of a policeman in his role as a peace officer and a law enforcement officer.

TOPIC B-20 SOCIAL CONTROL, SOCIAL AWARENESS At the Congress considerable attention was paid to the necessity to engage the community in the criminal justice process. The necessity to inform the community and to facilitate their involvement in the process was underlined in numerous ways. At the same time, the difficulty of engaging with the community was acknowledged.

Recommendation In the development of the Canadian position, a number of recommendations were made in the area of formal education, involvement of a media, and engaging with community groups. The recommendation should be reviewed by the Ministry of the Solicitor General and the Department of Justice with a view to implementing the proposals contained therein. 183

TOPIC B-21 "WHITE—COLLAR n CRIME The subject of "white-collar" crime was dealt with in Section I as a special item due to the increasing concern with respect to this type of crime. A number of factors such as inadequate extradition treaties, incompatible laws of evidence, and the complexity of international law, as well as fundamental problems such as the definition of what is a crime, make this an extremely complex subject. Further, it was recognized that very little is known about the so- called white-collar criminal.

Recommendation Members of the Canadian Delegation proposed that additional research, community educational programs, changes in our criminal and civil legislation, and the necessity to develop specialized personnel would all be required in order to help control incidence of this form of criminality. The steps should be reviewed by the Police and Security Planning and Analysis Branch, Ministry of the Solicitor General, Con- sumer and Corporate Affairs and other appropriate departments such as Manpower and Immigration and the Department of National Revenue for their implementation.

TOPIC B-22 YOUNG OFFENDERS It was agreed at the Conference that young persons who find themselves in conflict with the law need to be dealt with in a way that is appropriate for them and that this way would be different than that proposed for adults. At the time of the Congress, concern was expressed particularly for the young person in groups who are often prone to violence.

Recommendation Canada has recently proposed a new act entitled "Young 184

Persons in Conflict With the Law" which would replace the old Juvenile Delinquents Act. This provides an excellent opportunity for Canadians to participate in the development of new legislation by reacting to the proposals that have been made. It would seem that there is no necessity in this item for Canada to take further action than that already instigated. ANNEX 1

UNITED NATIONS Distr. GENERAL GENERAL A/RES/3452 (XXX) 15 January 1976 ASSEMBLY

Thirtieth session Agenda item 74

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

/on the report of the Third Committee (A/10408)7

3452 (XXX). Declaration on the Protection of All Persons from being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The General Assembly,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Considering that these rights derive from the inherent dignity of the human person,

Considering also the obligation of States under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms,

Having regard to article 5 of the Universal Declaration of Human Rights 1/ and article 7 of the International Covenant on Civil and Political Rights, 2/ both of which provide that no one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment,

Adopts the Declaration on the Protection of All Persons from being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the text of which is annexed to the present resolution, as a guideline for all States and other entities exercising effective power.

2433rd plenary meeting 9 December 1975

1/ General Assembly resolution 217 A (III). 2/ General Assembly resolution 2200 A (XXI), annex. 76-01142 A/RES/3452 (XXX) Page 2

ANNEX

Declaration on the Protection of All Persons from being Subjected to Torture and Other Cruel, Inhuman or Derrradine Treatment or Punishment

Article 1

1. For the rurpose of this Declaration,torture means an7 act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners. 3/

2. Torture constitutes an afmravated and deliberate forr , of crrel, inhuman or degrading treatment or punishment.

Article 2

Any act of torture or other cruel, inhuman or degrading treatment or punishment is an offence to human dignity and shall be condemned as a denial of the purposes of the Charter of the United Nations and as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights.

Article 3

No State may permit or tolerate torture or other cruel, inhuman or degrading treatment or punishment. Exceptional circumstances such as a state of war or a threat of war, internal political instability or any other public emergency may not be invoked as a justification of torture or other cruel, inhuman or degrading treatment or punishment.

Article 4

Each State shall, in accordance with the provisions of this Declaration, take effective measures to prevent torture and other cruel, inhuman or degrading treatment or punishment from being practised within its jurisdiction.

3/ First United Nations Congress on the Prevention of Crime and the Treatment of Offenders: report by the Secretariat (United Nations publication, Sales No. 1956.IV.4), annex I.A.

/ . . A/RES/3452 (XXX) Page 3

Article 5

The training of law enforcement personnel and of other public officials who may be responsible for persons deprived of their liberty shall ensure that full account is taken of the prohibition against torture and other cruel, inhuman or degrading treatment or punishment. This prohibition shall also, where appropriate, be included in such general rules or instructions as are issued in regard to the duties and functions of anyone who may be involved in the custody or treatment of such persons.

Article 6

Each State shall keep under systematic review interrogation methods and practices as well as arrangements for the custody and treatment of persons deprived of their liberty in its territory, with a view to preventing any cases of torture or other cruel, inhuman or degrading treatment or punishment.

Article 7

Each State shall ensure that all acts of torture as defined in article 1 are offences under its criminal law. The same shall apply in regard to acts which constitute participation in, complicity in, incitement to or an attempt to commit torture.

Article 8

Any person who alleges that he has been subjected to torture or other cruel, inhuman or degrading treatment or punishment by or at the instigation of a publie official shall have the right to complain to, and to have his case impartially examined by, the competent authorities of the State concerned.

Article 9

Wherever there is reasonable ground to believe that an act of torture as defined in article 1 has been committed, the competent authorities of the State concerned shall promptly proceed to an impartial investigation even if there has been no formal complaint.

Article 10

If an investigation under article 8 or article 9 establishes that an act of torture as defined in article 1 appears to have been committed, criminal proceedings shall be instituted against the alleged offender or offenders in accordance with national law. If an allegation of other forms of cruel, inhuman or degrading treatment or punishment is considered to be well founded, the alleged offender or offenders shall be subject to criminal, disciplinary or other appropriate proceedings.

• • • A/RES/3452 (XXX) Page 4

Article 11

Where it is proved that an act of torture or other cruel, inhuman or degrading treatment or punishment has been committed by or at the instigation of a public official, the victim shall be afforded redress and compensation in accordance with national law.

Article 12

Any statement which is established to have been made as a result of torture or other cruel, inhuman or degrading treatment or punishment may not be invoked as evidence against the person concerned or against any other person in any proceedings. UNITED NATIONS Distr. GENERAL

GENERAL A/RES/3453 (XXX) 16 January 1976 ASSEMBLY

Thirtieth session Agenda item 74

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

ro-n the report of the Third Committee (A/10408)7 I 3453 (XXX). Torture and other cruel, inhuman or degrading treatment or punishment in relation to detention and imprisonment

The General Assembly,

1 Reaffirming the rejection, in its resolutions 3059 (XXVIII) of 2 November 1973 and 3218 (XXIX) of 6 November 1974, of any form of torture and other cruel, inhuman 1 or degrading treatment or punishment, Reiterating its conviction expressed in resolution 3218 (XXIX) that, because of the increase in the number of alarming reports on torture, further and sustained efforts are necessary to protect under all circumstances the basic human 1 right to be free from torture and other cruel, inhuman or degrading treatment or punishment,

1 Welcoming resolution 4 (XXVIII) of 10 September 1975, adopted by the Sub-Commission on Prevention of Discrimination and Protection of Minorities, 1 Having considered the report of the Secretary-General 1/ containing an analytical summary of the information received under paragraph 1 of resolution 3218 (XXIX),

Recalling its request to the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders that it consider steps to be taken for the protection of all persons subjected to any form of detention or imprisonment against torture and other cruel, inhuman or degrading treatment or punishment, and to report thereon to the General Assembly at its thirtieth session,

1/ A/10158 and Corr.1 and Add.l.

76-01160 I. A/RES/3453 (XXX) Page 2

Noting the working paper, entitled "Health aspects of avoidable maltreatment of prisoners and detainees", 2/ submitted by the World Health Organization to the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders,

Noting with appreciation the report of the Secretary-General prepared under paragraph 4 of resolution 3218 (XXIX), 3/

Taking into account that the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders expressed the opinion that, on the matter of elaborai- ing an International Code of Police Ethics, there should be further expert cor sideration,

Having adopted the Declaration on the Protection of All Persons from being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, annexed to resolution 3452 (XXX) of 9 December 1975,

Believing that further international efforts are needed to ensure adequate protection for all against torture and other cruel, inhuman or degrading treatment or punishment,

1. Expresses its appreciation to the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders for the elaboration of the Declaration on the Protection of All Persons from being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

2. Requests the Commission on Human Rights at its thirty-second session to study the question of torture and any necessary steps for:

(a) Ensuring the effective observance of the Declaration on the Protection of All Pei:sons from being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

(b) The formulation of a body of principles for the protection of all persons under any form of detention or imprisonment on the basis of the Study of the Right of Everyone to be Free from Arbitrary Arrest, Detention and Exile 4/ and the draft principles on freedom from arbitrary arrest and detention contained therein;

3. Requests the Committee on Crime Prevention and Control to elaborate, on the basis of, inter alia, the proposals presented to and conclusions arrived at by the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, a draft code of conduct for law enforcement officials and to submit this draft code to the General Assembly at its thirty-second session, through the Commission for Social Development and the Economic and Social Council;

2/ A/CONF/56/9. 3/ A/10260. 4/ United Nations publication, Sales No. 65.XIV.2.

I. • • A/RES/3453 (XXX) Page 3

4. Invites the World Health Organization to give further attention to the study and elaboration of principles of medical ethics relevant to the protection of persons subjected to any form of detention or imprisonment against torture and other cruel, inhuman or degrading treatment or punishment;

5. Decides to include in the provisional agenda of its thirty-first session an item entitled "Torture and other cruel, inhuman or degrading treatment or punishment" for the purpose of reviewing the progress achieved in accordance with the present resolution.

2433rd plenary meeting 9 December 1975 APPENDIX A

FEDERAL, PROVINCIAL AND NON- GOVERNMENTAL LIAISON OFFICERS FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS

GENEVA, SWITZERLAND

FEDERAL, PROVINCIAL AND NON- GOVERNMENTAL LIAISON OFFICERS LIAISON REPRESENTATIVES FEDERAL GOVERNMENT, DEPARTMENTS AND AGENCIES

CONSUMER AND CORPORATE AFFAIRS

Dr. Philip Anisman Director Corporate Research Branch

EXTERNAL AFFAIRS

Mr. Richard Burkart U.N. Economic and Social Affairs Division

Mr. Terrance Lonergan Federal-Provincial Co-ordination Division

HEALTH AND WELFARE

Dr. John D. Abbatt Director Bureau of Human Ecology

Mr. Allastair D. Ross Consultant Welfare Services Division Canada Assistance Plan

INDIAN AND NORTHERN AFFAIRS

Mr. Isser Smith Senior Program Development Officer Local Government Branch

JUSTICE

Mr. E.A. Tollefson Director Programs and Law Information Development Section NATIONAL DEFENCE

Mr. R.L. Martin (L. Col.) Director of Law/Military Justice

POST OFFICE

Mr. Paul Boisvert Director Security and Investigation Branch

Mr. F.G. Flatters Manager Postage Design and Development Division

PRIVY COUNCIL

Mr. Michel Trottier Assistant Secretary to the Cabinet (Social Policy)

Mr. Louis Ferguson Federal-Provincial Relations Office

REVENUE CANADA, CUSTOMS AND EXCISE

Mr. C.R. Nowlan Chief Compliance Division

Mr. D. Longmire International Traffic Division Passenger Division

REVENUE CANADA, TAXATION

Mr. E.H. Smyth Special Investigations Division Projects Division

SECRETARY OF STATE

Mr. Brian Marshall Program Services SOLICITOR GENERAL

Mr. W.G. Pritchett Assistant Commissioner Criminal Investigations Royal Canadian Mounted Police

Sergeant Jim Cooley Royal Canadian Mounted Police

Mr. John Braithwaite Deputy Commissioner Inmate Programs Penitentiary Services

Mr. Gordon Parry Special Assistant to the Chairman National Parole Board

STATISTICS CANADA

Mrs. Theresa Bleszynski Judicial Division

TRANSPORT CANADA

Mr. D.N. Cassidy National Harbour Board Director General Police and Security

Mr. Stuart Grant Executive Officer Civil Aviation Security LIAISON REPRESENTATIVES PROVINCIAL AND TERRITORIAL GOVERNMENTS

BRITISH COLUMBIA

Mr. John W. Ekstedt Acting Deputy Minister Department of the Attorney General

ALBERTA

Mr. S. Nahirney Family Court Supervisor Edmonton

SASKATCHEWAN

Mr. D.T. Thompson Director of Corrections Department of Social Services

Mr. Serge Kujawa Director of Public Prosecutions Department of the Attorney General

MANITOBA Dr. R.H. Tavener Assistant Deputy Minister Department of Health and Social Development

ONTARIO

Mrs. H. Silverman Co-ordinator Ancillary Programs Fifth U.N. Congress seconded from the Ministry of Correctional Services

QUEBEC

Dr. Maurice Gauthier Assistant Deputy Minister Ministry of Justice ■■• 2

PRINCE EDWARD ISLAND

Mr. Wendall MacKay Deputy Attorney General

NEW BRUNSWICK

Mr. William Connor Director of Correctional Services Department of Justice

NOVA SCOTIA

Mr. James Crane Inspector of Penal Institutions

NEWFOUNDLAND

Mr. Vincent P. MCCarthy, Q.C. Deputy Minister of Justice

NORTHWEST TERRITORIES

Mr. Clarence F. Wilkins Chief of Correctional Services

YUKON

Mr. M.A. Milner Director of Corrections LIAISON REPRESENTATIVES NON-GOVERNMENTAL ORGANIZATIONS

CANADIAN ASSOCIATION OF CHIEFS OF POLICE Mr. B.E. Poirier Executive Director Room 304 116 Albert Street Ottawa, Ontario

CANADIAN BAR ASSOCIATION Mr. Ronald C. Merriam Executive Director Room 326 90 Sparks Street Ottawa, Ontario

CANADIAN CRIMINOLOGY AND CORRECTIONS ASSOCIATION Mr. W.T. McGrath Executive Director 55 Parkdale Ottawa, Ontario

UNITED NATIONS ASSOCIATION OF CANADA

Mr. Geoffrey Grenville-Wood Executive Director Room 808 63 Sparks Street Ottawa, Ontario APPENDIX B

MEMBERS OF ORIGINAL DELEGATION INITIAL CANADIAN DELEGATION DÉLÉGATION CANADIENNE INITIALE TO THE FIFTH UNITED NATIONS AU CINQUIÈME CONGRES DES CONGRESS ON THE PREVENTION NATIONS UNIES POUR LA OF CRIME AND THE TREATMENT PRÉVENTION DU CRIME ET LE OF OFFENDERS TRAITEMENT DES DÉLINQUANTS

TORONTO, CANADA

1 - 12 September 1975 Du 1 er au 12 septembre 1975

List of Delegates, Liste des délégués, Consultants and Staff. des experts-conseils et du personnel. Delegates/Délégués:

The Honourable Warren Allmand, Head of Delegation Solicitor General of Canada, House of Commons, (613) 996-0220 Parliament Buildings, Ottawa, Ontario, KlA 0A6.

L'honorable Jérôme Choquette, C.R., Chef adjoint de la Le Ministre de la Justice, délégation Gouvernement du Québec, Edifice du Parlement, (418) 643-4210 225, Grande Allée est, Québec, Québec, GlA 1A2.

The Honourable John T. Clement, Q.C., Deputy Head of Attorney General and Provincial Delegation Secretary for Justice, 18th Floor, (416) 965-1664 18 King Street East, Toronto, Ontario, M5C 105.

M. Jacques Beaudoin, (514) 395-4161 L'Association canadienne des chefs de police, 1704 rue Parthenais, Montréal, Québec, H2K 3S7.

Son honneur Juge Jean-Pierre Beaulne, (613) 237-5890 Vice-Président, La Société canadienne de criminologie, 1, rue Nicholas, Ottawa, Ontario, K1N 7B7.

Mrs. Dorothy Betz, (204) 942-6829 Court Worker, Native Clan Organization, 620-504 Main Street, Winnipeg, Manitoba, R3B 1B8.

Page two:

The Honourable J.R. Boyce, (204) 946-7160 Minister of Corrective and Rehabilitative Services, Department of Health and Social Development, Legislative Building, Winnipeg, Manitoba, R3C OV8.

Mr. John Byrne, (709) 722-0721 Crown Prosecutor, Ext. 354 Department of Justice, Confederation Building, St. John's, Newfoundland, AlC 5T7.

John Cassells, Esq., Q.C., (613) 238-1261 Canadian Bar Association, Court House, 2 Daly Avenue, Ottawa, Ontario, K1N 6E2.

Mr. James Crane, (902) 424-7640 Director of Probatiqn and Inspector of Penal Institutions, Department of the Attorney General, P.O. Box 3245, South Postal Station, Halifax, Nova Scotia, B3J 2X3.

His Honour Judge Ian Dubienski, (204) 942-0731 President-Elect, Canadian Criminology and Corrections Association, Judge's Court, 151 Princess Street, Winnipeg, Manitoba, R3B 1L1.

Mr. John W. Ekstedt, (604) 387-5354 Acting Deputy Minister, Department of the Attorney General, Victoria, B.C., V8V 4S6.

Page three:

Mr. K.S. Fawcus, (604) 684-6521 Canadian Bar Association, 9th Floor, Crown Trust Building, 475 Howe Street, Vancouver, B.C., V6C 2B8.

*1 Captain Edith Fisher, (416) 669-1795 Salvation Army, 551 Eglington Avenue East, Apt. 503, Toronto, Ontario, M4P 1N8.

*2 André Fortin, Esq., député, (613) 992-8518 Chambre des Communes, Edifice du Parlement, Ottawa, Ontario, KlA 0A6.

Mr. R.P. Francis, (613) 996-8418 Senior Counsel, Criminal Law Policy, Department of Justice, Room 724, Justice Building, Kent and Wellington Streets, Ottawa, Ontario, KlA OH8.

Mr. Gordon S. Gale, (902) 424-4032 Director of Criminal Law, Department of the Attorney General, P.O. Box 7, Halifax, Nova Scotia, B3J 2X3

M. Maurice Gauthier, (418) 643-4454 Sous-ministre associé, Ministère de la Justice du Québec, 225, Grande Allée est, Québec, P.Q GlA 1A2

*1 Replacement for Dr. Esther Greenglass (see *3) Remplaçante de Mme Esther Greenglass (voir *3) *2 Resigned from Delegation but was not replaced Renonça à faire partie de la délégation mais ne fut pas remplacé.

Page four:

John Gilbert, Esq., M.P., (613) 992-2930 House of Commons, Parliament Buildings, Ottawa, Ontario, KlA 0A6.

*3 Dr. Esther Greenglass, (416) 667-2557 York University, Faculty of Arts, 4700 Keele Street, Downsview, Ontario, M3J 1P3.

Mr. John G. Hadwen, (613) 992-6470 Director General, Bureau of Consular Affairs, Department of External Affairs, Room 256, Tower "C" 2, Lester B. Pearson Building, 125 Sussex Drive, Ottawa, Ontario, KlA 0G2.

The Honourable F.C. Hayes, (416) 965-7200 Chief Judge, Provincial Court, Criminal Division, 60 Queen Street West, Toronto, Ontario, M5H 2M4.

His Honour Judge Andrew G. Harrigan, (506) 847-8440 Chief Judge of the Provincial Court, Province of New Brunswick, 15 Market Square, Saint John, New Brunswick, E2L 1E8.

The Honourable T.A. Hickman, Q.C., (709) 722-0721 Minister of Justice and Attorney General, St. John's Newfoundland, AlC 5T7.

*3 Resigned from Delegation and was replaced by Captain Edith Fisher (see *1) Renonça à faire partie de la délégation et fut remplacée par Mme Edith Fisher (voir *1)

Page five:

The Honourable Helen Hunley, (403) 427-2606 Minister of Social Services and Community Health, 424 Legislative Building, Edmonton, Alberta, T5K 2B6.

Dr. C.H.S. Jayewardene, (613) 231-4070 Chairman, Department of Criminology, University of Ottawa, 600 King Edward Avenue, Ottawa, Ontario, K1N 6N5.

M. Réal Jubinville, (613) 728-1865 Directeur général associé, La Société canadienne de criminologie, 55, avenue Parkdale, Ottawa, Ontario, KlY 1E5.

The Honourable Mr. Justice (403) 261-7211 William J.C. Kirby, Supreme Court, 611 Fourth Street, S.W., Calgary, Alberta, T2P 1T5.

Mr. A.M. Kirkpatrick, (416) 487-8319 Executive Director, John Howard Society of Canada, 72 Colin Avenue, Toronto, Ontario, M5P 2C1.

Mr. Serge Kujawa, Q.C., (306) 527-8674 Director of Public Prosecutions, Department of the Attorney General, 350 Legislative Building, Regina, Saskatchewan, S4S 0133.

Page six:

The Honourable Mr. Justice F.A. Large, (902) 892-3535 Supreme Court, Department of Justice, P.O. Box 2000, Charlottetown, P.E.I., ClA 7N8.

The Honourable A.B. Macdonald, Q.C., (604) 387-6780 Attorney General, Parliament Buildings, Victoria, B.C., V8V 4R3.

*5 Mr. Wendall MacKay, (902) 892-6115 Deputy Minister of Justice, Department of Justice and Attorney General, P.O. Box 2000, Charlottetown, P.E.I., ClA 7N8.

Rév. Père Noël Mailloux, (514) 738-8076 Président, Églises du Canada-Justice et Criminologie, 2715, chemin de la côte Ste-Catherine, Montréal, P.Q.

Gilles Marceau, Esq., député, (613) 992-3269 Secrétaire parlementaire, Ministère de la Justice, Chambre des Communes, Édifice du Parlement, Ottawa, Ontario, KlA 0A6.

Chief Elmer Matheson, (902) 436-3869 Summerside Police Department, Summerside, P.E.I., ClA 7N8.

*4 Replacement for Mr. Wendall MacKay (see *5) Remplaçant de M. Wendall MacKay (voir *5) *5 Resigned from Delegation and was replaced by The Honourable Mr. Justice F.A. Large, subsequent to Second Preparatory Meeting (see *4) Renonça a faire partie de la délégation et fut remplacé par l'honorable juge F.A. Large, suite à la deuxiême réunion préparatoire des délégues. (voir *4)

Page seven:

Dr. Hans Mohr, (613) 996-7844 Commissioner, Law Reform Commission, Varette Building, 130 Albert Street, Ottawa, Ontario, KlP 5G4.

Commissaire M.J. Nadon, (613) 993-9546 Gendarmerie Royale du Canada, Ministère du Solliciteur général, 1200, Promenade Alta Vista, Ottawa, Ontario, KlA OR2.

*6 Miss Aideen Nicholson, M.P., (613) 992-8234 House of Commons, Parliament Buildings, Ottawa, Ontario, KlA 0A6.

Me Robert Normand, C.R., (418) 643-4090 Sous-ministre de la Justice, Québec, P.Q., GlA 1A2.

J.P. Nowlan, Esq., M.P., (613) 992-2815 House of Commons, Parliament Buildings, Ottawa, Ontario, KlA 0A6.

His Worship Magistrate (403) 667-5438 Dennis R. O'Connor, Juvenile Court, Room 210, Federal Building, Whitehorse, Yukon Territory.

*6 Resigned from Delegation and was not replaced Renonça a faire partie de la délégation mais ne fut pas remplacée

Page eight:

Mr. W.R. Outerbridge, (613) 992-0261 Chairman, National Parole Board, Ministry of the Solicitor General, Sir Wilfrid Laurier Building, 340 Laurier Avenue West, Ottawa, Ontario, KlA OR1.

Her Honour Judge Sandra E. Oxner, (902) 425-5880 Judges' Chambers, The Law Courts, Room 400, 1815 Upper Water Street, Halifax, Nova Scotia, B3J 2X3.

Mrs. I.S. Paterson, (604) 758-5757 Past-President of the Canadian Association of the Elizabeth Fry Society, 2650 Randel Road, Nanaimo, B.C., V9X 3S2.

The Honourable Howard Pawley, (204) 946-7377 Attorney General of Manitoba, 105 Legislative Building, Winnipeg, Manitoba, R3C OV8.

Mr. Allastair D. Ross, (613) 996-9848 Consultant, Social Allowances and Services Branch, Canada Assistance Plan, General Purpose Building, Tunney's Pasture, Ottawa, Ontario, KlA 1B5.

Chief G.O. Robinson, (902) 426-6854 Canadian Association of Chiefs of Police, 1975 Gottingen Street, Halifax, Nova Scotia, B3J 2X3.

Page nine:

Mr. John A. Scollin, (613) 992-5543 Assistant Deputy Attorney General, Criminal Law, Department of Justice, Justice Building, Kent and Wellington Streets, Ottawa, Ontario, KlA OH8.

Mr. Donald Sinclair, (416) 965-2838 Deputy Provincial Secretary for Justice, Room 428, Legislative Building, Queen's Park, Toronto, Ontario, M7A 1A2.

Mr. Isser Smith, (613) 996-9673 Senior Program Development Officer, Local Government Branch, Department of Indian and Northern Affairs, Room 844, Centennial Tower, 400 Laurier Avenue West, Ottawa, Ontario, K1R 5C6.

M. Roger Tassé, C.R., (613) 995-8237 Solliciteur général adjoint, Ministère du Solliciteur général, Immeuble Sir Wilfrid Laurier, 340, rue Laurier ouest, Ottawa, Ontario, KlA OP8.

Eric Teed, Esq., Q.C., (506) 652-6320 Teed and Teed, Suite 306, 133 Prince William Street, Saint John, New Brunswick, E2L 2B5.

M. André Therrien, (613) 992-6898 Commissaire, Service canadien des Pénitenciers, Ministère du Solliciteur général, Immeuble Sir Wilfrid Laurier, 340, rue Laurier ouest, Ottawa, Ontario, KlA OP9. Page ten:

Mr. D.T. Thompson, (306) 523-0641 Director of Corrections, Department of Social Services, 2240 Albert Street, Regina, Saskatchewan, S4P 2Y3.

Mr. Clarence F. Wilkins, (403) 873-7212 Chief of Correctional Services, Department of Social Development, P.O. Box 1169, Yellowknife, Northwest Territories, XOE 1H0

Consultants/Experts-conseils

Dr. Ezzat A. Fattah, (604) 291-4305 Director, Criminology Program, Faculty of Interdisciplinary Studies, Simon Frazer University, Burnaby, British Columbia, V5A 1S6.

Mr. Ambrose Murphy, (613) 995-6891 Director, Crime Prevention and Law, Police and Security Planning and Analysis, Ministry of the Solicitor General, Room 336, Sir Wilfrid Laurier Building, 340 Laurier Avenue West, Ottawa, Ontario, KlA OP8.

Dr. André Normandeau, (514) 343-6523 Le Directeur, École de criminologie, Université de Montréal, Montréal, P.Q., H3C 3J7.

Page eleven:

Staff/Personnel:

Mr. Donald B. Irwin, (613) 996-0715 Secretary, Substantive Matters, P.O. Box 1975, Station 'B', Ottawa, Ontario, KlP 5R5.

M. Pierre-Luc Perrier, (613) 995-2344 Secrétaire Services pour le Congrès canadien, Secrétariat des conférences intergouvernementales canadiennes, Centre de Conférence, Rue Rideau, Ottawa, Ontario, K1N 8X5.

Mlle Lise Dessaint, (613) 996-0715 Adjointe au secrétaire programmes canadiens, C.P. 1975, Succursale '8', Ottawa, Ontario, KIT SRS.

Miss Mary Kay Eddy, (613) 996-5460 Program Manager, P.O. Box 1975, Station 'B', Ottawa, Ontario, KlP SR5.

Mrs. Margaret Craig, (613) 992-7584 Secretary, P.O. Box 1975, Station 'B t , Ottawa, Ontario, KlP 5R5.

Mlle Reine Vézeau, (613) 996-0715 Secrétaire, C.P. 1975, Succursale 'B', Ottawa, Ontario, KlP 5R5. Page twelve:

Staff Officers/Agents de liaison

M. Jacques Bernard, (613) 995-7974 Planification et analyse de la police et de la sécurité, Ministère du Solliciteur général, 3e étage, Immeuble Sir Wilfrid Laurier, 340, avenue Laurier Ouest, Ottawa, Ontario, KlA OP8.

Mr. Keith Jobson, (613) 996-7844 Law Reform Commission, Varette Building, 130 Albert Street, Ottawa, Ontario, K11) 5G4.

M. Oswald Leblanc, (613) 996-0715 C.P. 1975, Succursale 'B', Ottawa, Ontario, KlP 5R5.

Mr. Harold Needham, (613) 995-9483 Policy Planning and Program Evaluation, Ministry of the Solicitor General, Room 616, Sir Wilfrid Laurier Building, 340 Laurier Avenue West, Ottawa, Ontario, KlA OP8.

Mr. Michael Petrunik, (613) 995-6657 Research and Systems Development, Ministry of the Solicitor General, 6th Floor, Sir Wilfrid Laurier Building, 340 Laurier Avenue West, Ottawa, Ontario, KlA OP8. APPENDIX C

MEMBERS OF GENEVA DELEGATION CANADIAN DELEGATION TO THE DÉLEGATION CANADIENNE AU FIFTH UNITED NATIONS CONGRESS CINQUIÈME CONGRES DES NATIONS ON THE PREVENTION OF CRIME UNIES POUR LA PREVENTION DU AND THE TREATMENT OF CRIME ET LE TRAITEMENT DES OFFENDERS DÉLINQUANTS

GENEVA, SWITZERLAND GENEVE, SUISSE

1 - 12 September 1975 Du 1 er au 12 septembre 1975

List of Delegates, Liste des délégués, 1 Government Officials des fonctionnaires fédéraux and Staff. et du personnel.

L Delegates/Délégués:

The Honourable Warren Allmand, Head of the Delegation Solicitor General of Canada, House of Gommons, (613) 996-0220 Parliament Buildings, Ottawa, Ontario, KlA 0A6.

M. Gilles Marceau, député, Chef adjoint de la Secrétaire parlementaire, délégation Ministère de la Justice, Chambre des Communes, (613) 992-3269 Pièce 402, Edifice de l'ouest, Ottawa, Ontario KlA 0A6.

M. Roger Tassé, C.R., Comité exécutif Solliciteur général adjoint, Ministère du Solliciteur général, (613) 995-8237 Immeuble Sir Wilfrid Laurier, 340, rue Laurier Ouest, Ottawa, Ontario, KlA OP8.

Mr. John G. Hadwen, Executive Committee Director General, Bureau of Consular Affairs, (613) 992-6470 Department of External Affairs, Room 256, Tower 'C' 2, Lester B. Pearson Building, 125 Sussex Drive, Ottawa, Ontario, KlA 0G2.

Mr. Frank P. Miller, Executive Committee Canadian Co-ordinator, Fifth United Nations Congress on (613) 992-7584 the Prevention of Crime and the Treatment of Offenders, Ministry of the Solicitor General, P.O. Box 1975, Station 'B' Ottawa, Ontario, KlP 5R5.

Page two:

Mrs. Dorothy Betz, (204) 942-6829 Court Worker, Native Clan Organization, 620-504 Main Street, Winnipeg, Manitoba, R3B 1B8.

The Honourable J.R. Boyce, (204) 946-7160 Minister of Corrective and Rehabilitative Services, Department of Health and Social Development, Legislative Building, Winnipeg, Manitoba, R3C OV8.

His Honour Judge Ian Dubienski, (204) 942-0731 President, Canadian Criminology and Corrections Association, Judge's Court, 151 Princess Street, Winnipeg, Manitoba, R3B 1L1.

Mr. John W. Ekstedt, (604) 387-5354 Acting Deputy Minister, Department of the Attorney General, 625 Superior Street, Victoria, B.C., V8V 4S6.

M. Maurice Gauthier, (418) 643-4454 Sous-ministre associé, Ministère de la Justice du Québec, 225, Grande Allée est, Québec, P.Q., GlA 1A2.

Mr. W.R. Outerbridge, (613) 992-0261 Chairman, National Parole Board, 2nd Floor, Sir Wilfrid Laurier Building, 340 Laurier Avenue West, Ottawa, Ontario, KlA OR1 Page three:

Mr. Gordon W. Pritchett, (613) 993-9545 Deputy Commissioner, Royal Canadian Mounted Police, Ministry of the Solicitor General, 1200 Alta Vista Drive, Ottawa, Ontario, KlA OR2.

Chief G.O. Robinson, (902) 426-6854 Canadian Association of Chiefs of Police, 1975 Gottingen Street, Halifax, Nova Scotia, B3J 2X3.

Mr. Donald B. Irwin, Secretary of the Director, Canadian Participation, Delegation Fifth United Nations Congress on the Prevention of Crime and the (613) 996-0715 Treatment of Offenders, P.O. Box 1975, Station 'B', Ottawa, Ontario, 5R5.

Federal Officials/Fonctionnaires fédéraux:

M. Jacques Bernard, (613) 995-7974 Planification et analyse de la police et de la sécurité, Ministère du Solliciteur général, Immeuble Sir Wilfrid Laurier, 340, avenue Laurier ouest, Ottawa, Ontario, KlA OP8.

M. Jean-Luc Côté, (613) 996-4601 Directeur, Consultation, Ministère du Solliciteur général, Immeuble Sir Wilfrid Laurier, 340, avenue Laurier ouest, Ottawa, Ontario, KlA OP8. Page four:

M. Robert Diguer, (613) 995-9672 Commissaire adjoint, Sécurité, Service canadien des Pénitenciers, 4e étage, Immeuble Sir Wilfrid Laurier, 340, avenue Laurier ouest, Ottawa, Ontario, KlA OP9.

Mr. R.P. Francis, (613) 996-8418 Senior Counsel, Criminal Law Policy, Department of Justice, Room 724, Justice Building, Kent and Wellington Streets, Ottawa, Ontario.

Mr. B.C. Hofley, (613) 995-6694 Assistant Deputy Minister, Research and Systems Development, Ministry of the Solicitor General, Sir Wilfrid Laurier Building, 340 Laurier Avenue West, Ottawa, Ontario, KlA OP8.

Mr. A. Murphy, (613) 995-6891 Director, Crime Prevention and Law Enforcement, Police & Security Planning & Analysis, Ministry of the Solicitor General, Sir Wilfrid Laurier Building, 340 Laurier Avenue West, Ottawa, Ontario, KlA OP8.

Mr. P. O'Toole, (613) 996-1061 Director, Communication, Ministry of the Solicitor General, Sir Wilfrid Laurier Building, 340 Laurier Avenue West, Ottawa, Ontario, KlA OP8.

Mr. Jack MacDonald, (613) 996-0220 Executive Assistant to the Solicitor General of Canada, Sir Wilfrid Laurier Building, 340 Laurier Avenue West, Ottawa, Ontario, KlA OP8.

Miss I. Ludchen, (613) 996-0220 Special Assistant to the Solicitor General of Canada, Sir Wilfrid Laurier Building, 340 Laurier Avenue West, Ottawa, Ontario, KlA OP8.

Mr. P.E. McRae, Third Secretary, Canadian Permanent Mission to U.N., Geneva, Switzerland.

Staff/Personnel

Mrs. Margaret Craig, (613) 992-7584 Secretary to Canadian Delegation, Ministry of the Solicitor General, P.O. Box 1975, Station 'B', Ottawa, Ontario, KlP 5R5.

Mme Thérèse Lalande, (613) 995-8237 Secrétaire pour la délégation canadienne, Ministère du Solliciteur général, Immeuble Sir Wilfrid Laurier, 340, avenue Laurier ouest, Ottawa, Ontario, KlA OP8. APPENDIX D

CANADIANS REGISTERED AS INDIVIDUAL PARTICIPANTS FIFTH UNITED NATIONS CONGRESS CINQUIEME CONGRES DES NATIONS ON THE PREVENTION OF CRIME UNIES POUR LA PREVENTION DU AND THE TREATMENT OF CRIME ET LE TRAITEMENT DES OFFENDERS DÉLINQUANTS

GENEVA, SWITZERLAND GENEVE, SUISSE

er 1 - 12 September 1975 De 1 au 12 septembre 1975

CANADIANS REGISTERED AS CANADIENS INSCRITS AU CONGRES INDIVIDUAL PARTICIPANTS À TITRE DE PARTICIPANTS INDIVIDUELS Mr. Dahn Batchelor Private Investigator Professional Committee for the Study of Euthanasia

M. Lionel Béliveau Directeur général et directeur des services professionels Institut Philippe Pinel Montréal, Québec

M. Jacques Bernard Inspector de la GRC Rattaché à la direction de la planification et analyse de la police et de la sécurité Ministère du Solliciteur général du Canada

M. Jean-Luc Côté Directeur Division de la consultation Ministère du Solliciteur général du Canada

Mr. Umberto D'Antini Social Worker John Howard Society of Quebec

Mr. Derek Dempster Director John Howard Society of Quebec

M. Robert Diguer Commissaire adjoint Sécurité Service canadien des Pénitenciers Ministère du Solliciteur général du Canada

Reverend Maurice Flint Co-ordinator Chaplaincy Services Ontario Civil Service Commission

Mr. Robert Francis Senior Counsel Criminal Law Policy Ministry of Justice 2

Mr. Patrick Graham Professor Osgoode Hall, Toronto

M. Emmanuel Grégoire Directeur Société de Réhabilitation sociale du Québec

Mr. Francis Han Director Finance Committee International Council on International Addictions

Mr. Glen Hancock President John Howard Society of Canada

Mr. Wayne Hanna Director of Professional Services Research and Staff Development

Mr. Bernard Hofley Assistant Deputy Minister Research and Systems Development Ministry of the Solicitor General of Canada

Mr. John Hogarth Chairman British Columbia Police Commission

The Honourable Justice Cameron Kirby Trial Division Supreme Court of Alberta

Mr. Serge Kujawa Director of Public Prosecutions Department of the Attorney General of Saskatchewan

Miss Ingrid Ludchen Special Assistant to the Solicitor General of Canada - 3 -

Brigadier Archibald MacCorquodale National Director of the Salvation Army Corrections Services

The Honourable Alex MacDonald Attorney General of British Columbia

Mr. Jack MacDonald Executive Assistant to the Solicitor General of Canada

Mr. Peter McRae Third Secretary Canada Permanent Mission Geneva, Switzerland

Dr. A.M. Marcus Head of Division of Forensic Psychiatry University of British Columbia

Mr. Ronald Marken Associate Professor of English University of Saskatchewan

Mr. Leonard Max Barrister Ottawa

Miss C. Jane Miller Probation Officer Province of Ontario

Mr. Ambrose Murphy Director Crime Prevention & Law Enforcement Ministry of the Solicitor General of Canada

M. George Myette Président Alberta 7th Step Society 4

M. André Normandeau Directeur Ecole de Criminologie Université de Montréal

Mr. Paschal O'Toole Director Communications Division Ministry of the Solicitor General

Her Honour Judge Sandra Oxner Judge of the Provincial Court Nova Scotia

Mr. Francis Prévost Director Courts Planning and Facilities British Columbia

Mr. Robert Reid Canadian International Development Agency

Mr. Isser Smith Senior Program Development Officer Local Government Branch Department of Indian and Northern Affairs

Mr. Robert Stewart Executive Officer British Columbia Police Commission

M. Gilbert St-Onge Administrateur des Services correctionnels L'Armée du Salut

M. Marc-Adélard Tremblay Président Service de Réadaptation Social Inc. Montréal, Québec His Honour Judge David Vanek Judge of the Provincial Court Criminal Division of Ontario

M. Bernard N. Willans Attaché de recherches légales Service des Recherches Bibliothèque du Parlement

Mr. George Yeates Deputy General Director Habitat The United Nations Conference on Human Settlements External Affairs APPENDIX E

CANADIANS SECONDED TO U.N. CONFERENCE SERVICES STAFF IN GENEVA FIFTH UNITED NATIONS CONGRESS CINQUIEME CONGRES DES NATIONS ON THE PREVENTION OF CRIME UNIES POUR LA PREVENTION DU AND THE TREATMENT OF CRIME ET LE TRAITEMENT DES OFFENDERS DELINQUANTS

GENEVA, SWITZERLAND GENEVE, SUISSE

1 - 12 September 1975 Du 1 er au 12 septembre 1975

CANADIANS SECONDED TO U.N. CANADIENS AFFECTES CONFERENCE SERVICES STAFF PROVISOIREMENT AUX SERVICES IN GENEVA DE CONFERENCE DE L'ONU A GENEVE M. Jean-Paul Cardinal Directeur des services de conférence

Mr. B. Earl Carey Facilities Manager

Mr. Jim Cassidy Assistant Co-ordinator Ancillary Programs (loaned by the Ministry of Correctional Services of Ontario)

Miss Julia Crawford Secretary Public Relations Division

Mlle Lise Dessaint Adjointe au directeur de la participation canadienne

Miss Mary Kay Eddy Project Manager Canadian Participation Unit

Mr. Peter Fleming Critical Path Co-ordinator

Mrs. Sarah Gunning Information Officer Public Relations Division

Mr. George Hale Administration and Finance Officer

Mr. Robert Jarecki Senior Administrative Assistant to the Director of Conference Services

Miss Olga Kindiakoff Assistant Project Officer (Hostessing Services) SOLGEN CANADA LIS BIu

- 2 -

M. Marcel Laniel Coordonnateur canadien adjoint

Mlle Ginette LaRoche Secrétaire Unité de la participation canadienne

MisS Joy Rodbard Administrative Assistant (loaned by the Ministry of Correctional Services of Ontario)

Mlle Suzanne Sarault Secrétaire au Coordonnateur canadien adjoint

Mrs. H. Silverman Co-ordinator Ancillary Programs (loaned by the Ministry of Correctional Services of Ontario)

Mlle Reine Vézeau Secrétaire Unité de la participation canadienne

Mr. Paul Wallace Special Assistant Crime Prevention and Criminal Justice Section United Nations Secretariat (loaned by the Ministry of the Solicitor General of Canada)

Miss Emily Wuycik Clerical Assistant to the Administrative & Finance Officer and the Critical Path Co-ordinator Date Due

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