E. Consultations with Women's Groups

Historically, the particular needs and circumstances of certain groups of prisoners have not been recognized by CSC. For women, this has resulted in both the delivery of inappropriate programs to them, as well as the denial of opportunities which are available to men. By virtue of such sections as 4(h), 77, 80 and 151(3) of the CCRA, Parliament has demonstrated its commitment to rectify our history of discriminatory practices and policies by requiring CSC to work in concert with women's groups, such as CAEFS, to address the need to design programs and policies to meet the requirements of women and Aboriginal prisoners.

Section 77 of the CCRA requires that CSC consult regularly about programs with women's groups and other appropriate persons and groups with some expertise and experience in working with federally sentenced women. In addition, in order to ensure the continuation of the partnership which was prerequisite and fundamental to its work and achievements, the Task Force on Federally Sentenced Women recommended the development of a national committee, inclusive of non-governmental representatives, to oversee the implementation of the recommendations of the Task Force. CSC chose instead to develop a National Implementation Committee devoid of external representation.

Two years after the tabling of Creating Choices, the Report of the Task Force, s. 77 reiterated and reinforced the need for CAEFS direct involvement in the development of women's corrections in Canada. Moreover, during the 1995 Commission of Inquiry and in her 1996 report, Madam Justice Arbour demonstrated the need for the involvement of federally sentenced women and their advocates in the development of policies, programs and practices for the new women's prisons. Life has yet to be breathed in to these provisions.

In practice, these provisions have occasioned regular meetings between the Deputy Commissioner for Women and the Executive Director of CAEFS and other groups to discuss issues as they arise. Also, twice since the enactment of the CCRA, CSC has met with selected women's groups to consult them about specific issues identified by CSC. In addition, Minister Scott convened a consultation with women's groups during his tenure as the Solicitor General of Canada. Please refer to Appendix II for a copy of correspondence outlining current issues of concern to women's groups in relation to the mandate of the Solicitor General.

By contrast, as a consequence of the specific provisions in s. 82 of the CCRA, a National Aboriginal Advisory Committee was established. The legislated mandate of the National Aboriginal Advisory Committee is to "provide advice to the Service on the provision of correctional services to Aboriginal offenders." This more formal structure differs from the ad hoc process established for women under s. 77. The structure promotes continuity and consistency amongst its participants, who work together to identify issues and develop positions with and for CSC. Furthermore, the mandate of the National Aboriginal Advisory Committee covers a broad range of "correctional services", contrary to the rather narrow focus on "programs" articulated by s . 77 for consultations with women's groups. Also, the National Aboriginal Advisory Committee initiates issues, rather than limit its role and value by merely responding to issues raised by CSC.

CAEFS and other women's groups and individuals have developed expertise and experience in issues relating to the incarceration and conditional release of women. They are well able to identify the manner in which federally sentenced women continue to face multiple disadvantages within the correctional system. A few examples of current pressing issues include:

a) Mental Health and Classification - Women who are identified as having mental health needs are increasingly classified as high security prisoners and/or imprisoned in segregated units in men's prisons. CSC claims to have insufficient resources to implement more dynamic and human resource rich approaches, yet millions of dollars have been spent on the conversion to segregated women's units of ranges in men's prisons.

b) Minimum Security - Excessive static security measures imposed upon minimum security women violate their equality rights. Women must live behind fences surrounding the perimeter of the prisons, while minimum security men have no such physical security structure defining their boundaries.

c) Employment and Training Options - There is a clear lack of vocational and employment opportunities for women.

d) Community Release - Women have more limited access to conditional release options across the country. Only three provinces have women-only halfway houses.

These are but a few of the examples that highlight the need for the same kind of national advisory committee as that which has been established to address issues pertaining to Aboriginal prisoners.