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Prison will contribute to a change of behaviour
through what it teaches. It teaches through programs, education and
treatment and it teaches through the examples it sets. A system that
abuses individuals teaches that "might is right" and that
those with legal authority are hypocrites who say one thing and do
another. It reinforces antisocial attitudes and values: the very
opposite to those required for successful reintegration into the
community as a law-abiding citizen. Fair and respectful treatment is a
requirement of the Act because they are integral and necessary to
achieving the purpose of public protection through successful
reintegration.
Good, accessible programs and treatment set the
groundwork for reintegration. Prison programs teach the theory while
gradual reintegration provides the opportunity to apply the theories
under supervision in the community. Prison rehabilitation programs are
like teaching tennis in a submarine. You can teach the rules and the
theory, but there is no opportunity to practice. Imprisonment fails if
it makes no attempt to set the groundwork. Prison programs are likely
to fail if there is no follow-through in the community. The
Act recognizes, quite properly, that without measures which
ensure the fair treatment of individuals and their successful
reintegration into the community, public protection cannot be achieved
in the longer term. Good reintegration continues the learning process
started in prison into the community. Because the risks associated with
reintegration are exceeded by the risks of doing nothing, reintegration
programs are not at the expense of public protection but are essential
to achieving public protection. |
| Correctional
Investigator
A mechanism should exist whereby a serious
unresolved dispute between the Correctional Investigator and the
Correctional Service of Canada could be taken before a suitably
trained third party who will recommend a resolution to the Solicitor
General. The Correctional Service of Canada would be required to
comply with the ruling unless that decision is overruled by the
Solicitor General. If the ruling confirms the position of Correctional
Service of Canada then the matter would be dropped by the Correctional
Investigator unless overruled by the Solicitor General.
Internal Investigations
The primary investigator for internal investigations
convened under section 20 of the Act should be a person who has no
career aspirations, past or present, within either the CSC or NPB, has
specialized training that is appropriate for the investigation of such
matters and has a thorough knowledge of due process and rules of
fundamental justice. Retired judges might be good sources of expertise
for such functions. |
