By 1989-90, the Correctional Investigator was able to refer to "a tradition
in each annual report" that the 1984 recommendation to end double-bunking
in segregation was restated. With more than a little sarcasm, he remarked,
"It has as well become a tradition to record each year the CSC's latest
response to this issue: 'Efforts are currently underway to reduce the
number of double-bunked protective custody inmates at Kent Institution'"
( Annual Report of the Correctional Investigator,
1989-90 (Ottawa: Supply and Services Canada, 1990] at 26).
A year later, the CI was pleased to break with this tradition by reporting
"the resolution of a long-standing problem which began in 1986, that being
the double-bunking situation within the segregation/protective custody
area at Kent Institution. I have been advised by the Commissioner that
the vacant unit at Kent Institution will be finally opened and the double-bunking
of administrative segregation cases at that institution will cease as
of June, 1991" ( Annual Report of the Correctional
Investigator, 1990-91 [Ottawa: Supply and Services Canada, 1991]
at 30). How well placed the Correctional Investigator's confidence in
this assurance was can be assessed by looking at the reality: when I began
my study at Kent in January 1994, K-unit, the protective custody segregation
unit, was almost completely double-bunked.
In 1989-90, the CI had these highly critical comments to make about
the grievance process, sixteen years after its inception:
The effectiveness and credibility of any levelled
redress mechanism is dependant upon a combined front-end process which
is capable, in a participative fashion, of thoroughly and objectively
reviewing the issue at question. It also requires a final level within
the process which has the courage to take definitive and timely decisions
on those issues which are referred to its attention for resolution. At
the present time, the Service has a grievance process which at the front-end
does very little to encourage offender participation. This in turn seriously
compromises the objectivity and the thoroughness of its review. In addition,
the final level of the process sometimes has shown itself to be unable
to make timely and definitive decisions.
I feel the difficulties with the current grievance process are not directly
related to its structure or its existing procedures but rather to the
lack of commitment and acceptance of responsibility on the part of the
CSC's senior management for its operation. An improvement in the effectiveness
and credibility of the process will only happen when those responsible
for its operation decide to make it work. ( Annual
Report 1989-90 at 29)
In 1990-91, the Correctional Investigator assessed the impact of the
CSC's Mission Statement:
The Service's Mission Statement has projected a positive
public image and established a sound framework of core values, guiding
principles and strategic objectives for the management of its operation.
But a Mission document, regardless of its detail and eloquence, cannot
be seen or accepted as a replacement for sound policy and clear direction.
Nor can it be seen as reflective of an organization's operational reality.
The operational reality from my perspective is that the number of complaints
have increased significantly, and that some areas of complaint, again
from my perspective, are slow to be resolved. We continue to stress at
the national level the significance these issues hold for the offender
population and the impact that non-action has on decisions taken at the
operational level . . . It is important that the Correctional Service
continue to strive to improve its responsiveness to inmate concerns. Delays,
defensiveness and non-commitment are inconsistent with the Service's stated
Mission and the basic concept of administrative fairness and I sincerely
hope that our comments are taken in the constructive way they are offered.
( Annual Report 1990-91 at 43)
The CI's annual report for 1992-93 marked the first full reporting year
under the provisions of the CCRA. The report
characterized the changes introduced by the Act
in this way:
The Act has not significantly
added to the powers which the Correctional Investigator previously possessed.
Rather, the legislation has clearly established the "function" of the
Correctional Investigator as that of an Ombudsman and clarified the authority
and responsibilities of the Office within a procedural framework which
both focuses and paces our activities. In essence, Parliament has provided
the Correctional Investigator, not with new powers, but with specific
direction and momentum. ( Annual Report of the
Correctional Investigator, 1992-93 [Ottawa: Supply and Services
Canada, 1993] at 1)
The report, while noting that responses from the Service "continue to
be excessively delayed, defensive and non-committal," expressed hope that
"as the appreciation and understanding of the new legislation increases
all parties involved in the correction process would accept their responsibility
in ensuring that offender concerns are addressed in a thorough, timely
and objective fashion" ( Annual Report, 1992-93
at). Sadly but predictably, the 1993-94 report opens with these sobering
comments:
The majority of the issues detailed in last year's
report have not been resolved, and given the time elapsed since initially
recommending action on these issues and the reality of staff and funding
reductions, I see little evidence that these areas of legitimate inmate
concern will be given the priority which they require. ( Annual
Report of the Correctional Investigator, 1993-94 [Ottawa: Supply
and Services Canada, 1994] at 1) Page 2 of 3
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