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Laws, bureaucracy, and everything happening on the legislation side of Canada gets covered here. Explore recaps, analyses, and reports on the latest coming out of FedProv related to Justice!


Rehabilitation: Changing People, not Situations

2024-02-22 11:00 AM
Fresh Reporting: Becca Bohren

The federal government plans to improve the rehabilitation system already in place for prisoners reentering society, more specifically prisoners with 4 months or less left of their sentence or minors (18 and under). They hope that these rehabilitation programs lower rates of re-offenders while also preparing prisoners for reintegration with the public, providing education, co-ops, and support for mental health and/or drug abuse. The federal government made it very clear they wanted to focus on helping those who committed crimes based on necessity, yet they failed to provide a solution after the rehabilitation program, as many crimes such as petty theft are committed because someone may not have a job or have lower incomes. Simply correcting someone’s behavior does not change the situation and environment they are subjected to, and unwanted environments can undo all the work done in the Rehabilitation program.


What Took Place in the Ministry of Justice: A Summary of Events

2024-02-21 10:00 PM
Analysis: Cammie Duyzer

In response to a growing recognition of the limitations within our current justice system, the government is poised to usher in a transformative era with a key focus on rehabilitation programs. The imperative to reintroduce individuals to society successfully and prevent the recurrence of offenses has led to a strategic reevaluation of existing practices that engaged provinces in spirited debates over the future of our prison systems.

Government Stance and Goals:

The government is poised to overhaul the current justice system with a focus on fixing rehabilitation programs aimed at reintegrating prisoners into society successfully. The primary objectives include ensuring that individuals leaving the correctional facilities are equipped with the necessary skills to prevent reoffending. To achieve this, mandatory rehabilitation programs are proposed for individuals with four months or less remaining in their sentences and for minors entering the system.

Rehabilitation efforts will encompass a broad spectrum, addressing not only work skills but also providing essential mental health support and assistance for those grappling with substance abuse issues. The government expresses dissatisfaction with the current state of the justice system and is determined to bring about substantive changes to the prison system.

Contrary to concerns about potential reoffenders, the government maintains a belief that most individuals do not aspire to return to correctional facilities voluntarily. In a strategic move, there is contemplation of imposing limitations on the number of times an individual can undergo rehabilitation, recognizing the importance of balancing second chances with accountability.

However, it is noteworthy that the government does not plan to provide housing or additional support upon the release of convicts, signaling a shift in focus towards empowering individuals to reintegrate independently. This raises questions regarding the effectiveness of said rehabilitation programs, as instability in one’s original scenario will likely result in a repeat offense.

The proposed rehabilitation framework acknowledges the diversity of crimes committed and, therefore, envisions a tiered rehabilitation approach. This involves mandatory rehabilitation, highly suggested programs, and optional interventions, with flexibility for provincial authorities to adapt the baseline set by the federal government to address specific cases that necessitate unique considerations.

In essence, the Justice System Summary reflects a comprehensive strategy to reshape the rehabilitation landscape within the criminal justice system, acknowledging the multifaceted challenges faced by individuals in the system and aiming to strike a balance between accountability and successful reintegration into society.

Provincial Resistance:

Alberta adopted a contrasting stance on rehabilitation, favoring corrective justice through punishment over rehabilitation. The province is resistant to investing additional funds in rehabilitation programs, asserting a belief in their ineffectiveness. Particularly adamant against rehabilitating sex offenders, Alberta prioritizes allocating resources towards law-abiding citizens and supporting victims. There is a clear disregard for individuals under 18, as Alberta rejects mandatory rehabilitation for minors, advocating for their trial as adults and subsequent attendance at rehabilitation based on a case-by-case decision by the judge. This perspective underscores a commitment to individualized justice and a skepticism toward the broader efficacy of rehabilitation efforts. The Northwest Territories share a similar stance.

British Columbia adopts a pro-rehabilitation stance but acknowledges limitations, believing some crimes, with a notable emphasis on sex offenders and sexual violence, are beyond its scope. Concerns over taxpayer money spent on prisoners drive the province's approach. They argue against mandatory rehabilitation for those 18 and older, emphasizing the need for personal motivation for change. Disagreeing with Alberta's case-by-case basis, British Columbia proposes an opt-in system where provinces can choose to participate, with costs distributed based on the number of involved provinces.

Newfoundland and Labrador prioritize rehabilitation for youth offenders, identifying poverty as a key issue. Their focus extends to concerns about individuals returning to challenging situations post-release. The province advocates for a tiered system for adults and supports trying youth as adults but with a rehabilitation-centric approach. This dual focus on youth support and a nuanced system for adults reflects the province's commitment to addressing the root causes of criminal behavior.

Saskatchewan aims to reduce recidivism, emphasizing the perceived unfair burden on taxpayers funding rehabilitation efforts. Budgetary concerns are raised, reflecting a pragmatic approach. The province supports the public accessibility of sex offender databases. Additionally, Saskatchewan advocates for provincial autonomy in selecting rehabilitation tiers and imposing restrictions on repeat offenders, highlighting a desire for a tailored, regionalized approach to justice. Yukon shares a similar perspective, and places more emphasis on funding for staffing in the rehabilitation programs specifically.

Quebec is spearheading a distinctive approach to the justice system, advocating for a shift away from traditional incarceration towards a more rehabilitative model. The province prioritizes giving individuals the opportunity to change rather than resorting to punitive measures. There is a distinct emphasis on steering the youth away from prison, as Quebec believes it may not be the optimal environment for their development.

For first-time offenders, Quebec proposes raising the age threshold to 25, aligning with the understanding that the brain stops developing around this age. The province recognizes the need for rehabilitation even in severe cases such as murders and sex offenses, demonstrating a commitment to nuanced interventions.

Interestingly, Quebec introduces a unique perspective, suggesting that tech giants wield significant influence over the federal government, leading to the omission of cybersecurity from discussions. While labeled as a conspiracy theory, this viewpoint underscores Quebec's awareness of evolving challenges in the justice system, including those intersecting with the digital realm. In summary, Quebec's justice strategy reflects a blend of innovation, consideration for brain development, and a critical perspective on external influences shaping governmental decisions.

In alignment with Saskatchewan's perspective, Ontario advocates for limitations on rehabilitation efforts, particularly emphasizing the need for restrictions on assault and sex offenders. The province acknowledges the importance of tailoring rehabilitation programs based on the severity of the offense and the individual's willingness to change.

Ontario aligns with Quebec's proposal to set the age for mandatory rehabilitation at 25, recognizing the significance of brain development in young adults. Furthermore, the province endorses the idea of introducing specialized rehabilitation programs specifically addressing mental health concerns. Ontario's approach underscores the importance of targeted interventions, with a keen focus on the nuances of individual cases and the diverse needs of those within the justice system.

Nunavut stands out with a unique emphasis on community-centric rehabilitation. The territory prioritizes community engagement and volunteer hours as integral components of its justice strategy, aligning with its commitment to fostering a sense of responsibility and connection among its residents.

New Brunswick expresses significant apprehension about the efficacy of rehabilitation programs, emphasizing concerns about financial resources being potentially wasted. The province joins the call to raise the mandatory age for rehabilitation to 25 and supports the implementation of a tiered system. Interestingly, New Brunswick advocates for federal government involvement in defining the parameters of each tier, underscoring a desire for standardized, well-defined rehabilitation structures.

In Manitoba, the focus shifts to rehabilitation through skills trade and educational programs. The province introduces a pragmatic approach, providing individuals with the option to engage in programs that equip them with valuable skills and knowledge. This strategy aligns with Manitoba's commitment to not only reform individuals but also contribute positively to the community through enhanced skills and education.

In conclusion, these summaries shed light on the diverse perspectives and innovative approaches Canadian provinces and territories are adopting in their pursuit of an effective and equitable justice system. From community-centric models to concerns about the age of mandatory rehabilitation and the role of the federal government, the landscape of justice reform in Canada reflects a rich tapestry of ideas and strategies.