The Honourable Marco Mendicino, P.C., M.P.
Minister of Public Safety
House of Commons
Ottawa ON
K1A 0A6
27 June 2023
Dear Mr. Mendicino,
Re: Charter Values, the Rule of Law and the Purpose of Corrections
Some members of the National Associations Active in Criminal Justice (NAACJ) are writing to you and your Parliamentary colleagues in light of one person’s transfer from a maximum to a medium security penitentiary that became prominent and controversial in the news.1
First, we want to recognize and acknowledge the tremendous pain these discussions are causing to the families and loved ones of victims. It is also incumbent upon us to emphasize Charter values of human rights and the rule of law, which should guide correctional operations across the country.
Not only is the Correctional Service of Canada (CSC) mandated to “carry out [federal] sentences imposed by courts through the safe and humane custody and supervision of offenders; and, assist the rehabilitation of offenders…through the provision of programs,” it is further guided by its own values statement that commits to uphold values of respect, fairness, professionalism, inclusiveness and accountability “even in the most difficult situations.”2
It is critical that criminal justice legislation and policy, which impacts the cases of thousands of people across Canada, not be based on one or two high-profile cases. Nor can we allow public opinion and emotion to form the basis of robust social policy within criminal justice and corrections. To be effective and for all Canadians to have confidence in the administration of criminal law and justice, it must respect international standards, be based on Charter values, and realize evidence-based knowledge and experience. It must also apply to everyone, equally and consistently, regardless of status. Anything less politicizes the reality of so many individuals whose lives are already tragically impacted by harm, victimization, and their involvement with the criminal justice system.
Raising public awareness is beneficial to public safety and the maintenance of robust criminal justice and corrections policy. And, while we appreciate how challenging it can be to improve understanding about justice and corrections, we know that it is necessary in order to create the well-informed, compassionate and resilient communities we wish to see. As such, we urge you to take this opportunity to educate the public and to enhance public education that supports CSC, public safety and public confidence as prescribed by the Corrections and Conditional Release Act. It is a disservice to all Canadians not to provide accurate information and data.
It is in this vein that we also emphasize that:
- Utilizing the least restrictive measures helps uphold the Charter of Rights and Freedoms by preventing circumstances for cruel and unusual treatment in corrections.
- Both medium and maximum-security penitentiaries are controlled, secure facilities.3
- The notoriety of a case should not override the findings of an impartially administered risk and needs assessment relating to security placement decisions.
- Vulnerable and marginalized people suffer the most when we do not adhere to our foundational principles and laws.
We implore you and your colleagues to reflect upon the values and principles that we as Canadians want to espouse. We hope you will entrust the Commissioner of Corrections and her team with the tremendous responsibility of contributing to public safety not only through the care and custody of those in prison, but also by raising public awareness through communications and education that empower our communities.
NAACJ and its members would be happy to discuss these or other criminal justice matters with you, and/or support the federal government’s public education initiatives. Please do not hesitate to contact me directly at 613-761-1032 or naacj@naacj.org should you wish to discuss anything further.
Sincerely,
| Tom Best Executive Director Book Clubs for Inmates |
Emilie Coyle Executive Director Canadian Association of Elizabeth Fry Societies |
| Anita Desai Executive Director St. Leonard’s Society of Canada |
Ken Grahlman Restorative Justice Coordinator Mennonite Central Committee Canada |
| Susan Haines Executive Director NAACJ |
David Henry Executive Director Association of Social Rehabilitation Agencies of QC |
| Catherine Latimer Executive Director John Howard Society of Canada |
George Myette Executive Director 7th Step Society of Canada |
| Fred Phelps Executive Director Canadian Association of Social Workers |
Pamela M. Yates, Ph.D., R.Psych Director-at-Large Canadian Psychological Association |
| Cliff Yumansky Executive Director CoSA Canada |
1 NAACJ brings together currently 20 voluntary sector member organizations that contribute to a humane, fair, equitable and effective criminal justice system. It promotes and upholds human rights, and is committed to research, social development and socially responsible approaches to justice.
Any views expressed herein may be interpreted as the views of the member organizations who have signed this letter only, and may not be attributed to other NAACJ members. While the Native Counselling Services of Alberta is a contributing member of NAACJ, it is not a party to this open letter.
2 Correctional Service of Canada Mission and Values Statement.
3 It also costs significantly less to incarcerate one man in a medium-security institution than in maximumsecurity. Public Safety Canada’s 2021 Corrections and Conditional Release Statistical Overview tells us that it costs $174,939 annually, or 44.5% more, for that man to be in a maximum, as compared to $111,243 in a medium.
Cc
Gary Anandasangaree, Parliamentary Secretary to the Minister of Justice gary.anand@parl.gc.ca
Yves-François Blanchet, Leader, Bloc Québécois (BQ) Yves-Francois.Blanchet@parl.gc.ca
Talal Dakalbab, Associate Deputy Minister, Crime & Prevention Branch, Public Safety Canada Talal.Dakalbab@PS-SP.GC.CA
Pam Damoff, Parliamentary Secretary, Minister of Public Safety pam.damoff@parl.gc.ca
Raquel Dancho, Opposition Critic, Public Safety raquel.dancho@parl.gc.ca
Anita Desai, President, NAACJ and Executive Director, St. Leonard’s Society of Canada anita@stleonards.ca
The Honourable Mark Holland, Leader of the Government in the House of Commons mark.holland@parl.gc.ca
Peter Julian, House leader & New Democratic Party (NDP) Critic, Public Safety Canada peter.julian@parl.gc.ca
Anne Kelly, Commissioner, Correctional Service of Canada anne.kelly@csc-scc.gc.ca
The Honourable David Lametti, Minister of Justice and Attorney General for Canada david.lametti@parl.gc.ca
Alistair MacGregor, NDP Critic, Alistair.MacGregor@parl.gc.ca
Elizabeth May, Member of Parliament, elizabeth.may@parl.gc.ca
Kristina Michaud, BQ Critic, Public Safety and Emergency Preparedness, Kristina.Michaud@parl.gc.ca
The Honourable Pierre Poilievre, Leader, Conservative Party of Canada pierre.poilievre@parl.gc.ca
The Honourable Andrew Sheer, House leader Andrew.Scheer@parl.gc.ca
Jagmeet Singh, Leader, NDP Jagmeet.Singh@parl.gc.ca
Alain Therrien, House leader Alain.Therrien@parl.gc.ca
Shawn Tupper, Deputy Minister, Public Safety Canada shawn.tupper@ps-sp.gc.ca
Chad Westmacott, Director General, Community Safety, Corrections and Criminal Justice Directorate, Public Safety Canada chad.westmacott@ps-sp.gc.ca
Reem Zaia, Director of Policy, Office of the Minister of Public Safety Reem.Zaia@ps-sp.gc.ca
Standing Committee on Justice and Human Rights, (JUST) JUST@parl.gc.ca
Standing Committee on Public Safety and National Security (SECU) SECU@parl.gc.ca
Standing Senate Committee on Legal and Constitutional Affairs (LCJC) lcjc@sen.parl.gc.ca
Standing Senate Committee on Human Rights (RIDR) ridr@sen.parl.gc.ca