This history of developing policy is rooted in community initiatives and membership direction and is therefore a vital and important aspect of the CAEFS’ network. The result is that every member has a voice, but no one member has veto. The manner in which these sorts of procedures build support, analysis, advocacy, and overall excellence in the pursuit of individual and systemic support and advocacy for criminalized women, is evident in some of the results of the many collective and collaborative initiatives that CAEFS has undertaken.

These include, participation in government initiatives such as the Creating Choices: The Report of the Task Force on Federally Sentenced Women (1989-1990), as well as those initiated in collaboration with other governmental and non-governmental groups, such as the Self Defence Review conducted by the honourable Judge Lynne Ratushny (1995-1997) and the Commission of Inquiry into Certain Events at the Prison for Women in Kingston conducted by Madam Justice Louise Arbour (1995-1996). Most recently, we have independently identified, defined, and shaped a national and increasingly international coalition, facilitated by our 2001 conference, Women’s Resistance: From Victimization to Criminalization and most recently in the systemic review and special report of the Canadian Human Rights Commission, Protecting Their Rights: A Systemic Review of Human Rights in Correctional Services for Federally Sentenced Women (2001-2004).

In response to the federal government’s decision to regionalize the prisons for women, CAEFS developed our own regional structure in 1995-1996. Our current organizational model emerged from the labour of a regionalization committee formed by the membership. The members consisted of a representative Executive Director and a member of a Board of Directors of a local society identified to represent each region in the development of the new regionalized structure at the national level. Prior to regionalization, every local society was represented at the Board table.

In her day, Elizabeth Fry was regarded as rebellious and radical, and many completely misunderstood her rationale for devoting much of her life to working to alleviate the poverty and oppression of the women and children whom she first encountered in British prisons and poor houses. It is this legacy that CAEFS continues to breathe life into in Canada. If we replicated the services that Elizabeth Fry provided two hundred years ago, we would certainly be criticized for being stuck in the past. However, the fact that we have continued on, in the spirit and intent of her work to advocate as clearly, cogently and consistency as possible, in many areas that directly impact upon the women who are criminalized, echoes her spirit in our organization.

Priority Issues and Law Reform Initiatives

It seems entirely fitting that last year we marked the quarter century mark of our association by holding our national meeting in prison with the women on whose behalf we work and exist. Unfortunately, although we strive to see the end to the current use of criminalization and imprisonment to address social issues, we are witnessing a continued trend in the opposite direction. Indeed, the past decade has seen a number of women serving sentences of two years or more grow by 300-500% in some regions of the country, most notably where the proportion of racialized, especially Aboriginal, women is highest. The challenges remain many as we continue to see the exponential increase in the marginalization, criminalization and imprisonment of women throughout this country and globally. The following will provide you with an overview of our challenges and achievements this past year, as well as some forecasting of the work that the membership projects for CAEFS.

Challenges to Laws and Policies

Systemic Review by the Canadian Human Rights Commission

Fifteen months ago, on January 28, 2004, the Canadian Human Rights Commission (CHRC) issued a special report in response to our complaint about the discriminatory treatment of women prisoners by the Canadian government. Entitled, Protecting Their Rights: A Systemic Review of Human Rights in Correctional Services for Federally Sentenced Women, the CHRC Report made 19 recommendations for far-reaching changes with respect to the manner in which the Correctional Service of Canada (CSC) might work to alleviate the systemic discrimination experienced by women serving sentences of two years or more.

Throughout the report, the Commission points to the tragic consequences that result from the defective manner in which women are initially assessed. Aboriginal women and women with mental disabilities are especially over-classified, often kept in segregated, isolated living conditions. Fewer women classified as maximum security prisoners would mean more women could be reintegrated into the community in a much shorter time, so CAEFS continues to work to urge the Minister of Public Safety and Emergency Preparedness to act to introduce a new classification system as well as the decarceration strategies that such a new approach to assessing and classifying women would necessitate.

CAEFS strongly supported the Commission’s proposal for independent monitoring and accountability mechanisms. The call for judicial oversight reiterates the recommendations of Madam Justice Louise Arbour. In 1996, Justice Arbour reported on the failure of the Correctional Service of Canada (CSC) to follow the law and its own policies in dealing with women prisoners. Now, more than ever, we see that many recognize the vital need for an independent body to monitor CSC’s adherence to principles of justice, fairness and the rule of law.

The Commission’s report clearly identifies the discrimination experienced by women prisoners. CAEFS welcomes the opportunity to work with CSC, as well as the Ministers of Public Safety and Justice, to help implement recommendations that are vital to improving the lives of some of Canada’s most vulnerable women. Via its report, the Commission has recognized the systemic review of the manner in which the human rights of federally sentenced women are violated and suggests ways that the human rights violations experienced by women prisoners may be remedied.

On March 8, 2001, the Canadian Association of Elizabeth Fry Societies (CAEFS) requested that the Canadian Human Rights Commission (CHRC) conduct a broad-based systemic review and issue a special report, pursuant to section 61(2) of the Canadian Human Rights Act, regarding the treatment of women serving federal terms of imprisonment. CAEFS’ request was supported by twenty-seven other organizations. The Commission decided to undertake a special report and issue recommendations to government based on its findings, addressing government policies and programs. This took the form of the special report, which the Commission has subsequently committed to continuing to follow-up in order to ensure that its recommendations do not merely languish in the report.