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1 ARCHVED - Archiving Content ARCHVÉE - Contenu archivé Archived Content Contenu archivé nformation identified as archived is provided for reference, research or recordkeeping purposes. t is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available. L information dont il est indiqué qu elle est archivée est fournie à des fins de référence, de recherche ou de tenue de documents. Elle n est pas assujettie aux normes Web du gouvernement du Canada et elle n a pas été modifiée ou mise à jour depuis son archivage. Pour obtenir cette information dans un autre format, veuillez communiquer avec nous. This document is archival in nature and is intended for those who wish to consult archival documents made available from the collection of Public Safety Canada. Some of these documents are available in only one official language. Translation, to be provided by Public Safety Canada, is available upon request. Le présent document a une valeur archivistique et fait partie des documents d archives rendus disponibles par Sécurité publique Canada à ceux qui souhaitent consulter ces documents issus de sa collection. Certains de ces documents ne sont disponibles que dans une langue officielle. Sécurité publique Canada fournira une traduction sur demande.

2 i NTERGOVERNMENTAL AFFARES AFFARS NTERGOUVERNEMENTALES, Solicitor General Canada Ministry Secretariat Solliciteur général Canada Secrétariat du Ministère PRARE FEDERAL CORRECTONS, CONDTONAL RELEASE AND POLCE PLANNNG SSUES CanadU March, 1994 M MT 1 1 ragrailinel 11WRMLR: RME REM_ MNM 8159 ill Mig , lalmlmm mum mu ri M M P6 1994

3 PRARE FEDERAL CORRECTONS, CONDTONAL RELEASE AND POLCE PLANNNG SSUES March, 1994.LBpkaY SOLCTOR G51ERAL CANADA SEP ; r SOLLtClTd GEl".1.E.HAL CANADA OTTAWA (ONTARO) KV, UP8 1

4 Acknowledgements This report was prepared with the cooperation, advice and guidance of many. We wish to recognize the research of Doug Kopko and Monique Nadeau who conducted the interviews, literature review and drafted the first report. The draft was reviewed by a team of re,aders from municipal policing services and federal agencies. Their commentary was invaluable in preparing the final copy. Saskatchewan Justice Policy and Planning Branch also provided feedback and cooperation during the research and editing phase. The National Parole Board and Correctional Services of Canada prairie region provided staff time and participated in focus groups. We thank them for their cooperation and support. We also acknowledge the contribution of Prairie Research Associates, who edited and created tables. None of the opinions expressed herein represent the views of any justice agency or service. deas expressed are participant perceptions and commentary from the literature. Again, thank you to all who helped produce this scan report. Dianne T. MacDonald Associate Regional Director ntergovernmental Affairs, Prairie Region March The executive summary will be available in french after May 15, 1994.

5 1 t Dear Report User: March 22, 1994 A scan is a snapshot of a moving picture; reality is changing. This report covers a broad understanding of trends, issues and forces at play in the work of policing and corrections in the prairie region. This report is a complement to the June 1993, Social Demographic and Economic Overview of Prairie Canada. This document concentrates on federal corrections and conditional release agencies and police planners' perspectives on environmental issues. Priority concerns were fiscal restraint, relationship with the community, technology, human services and work, and the Aboriginal agenda. The issues identified by the participants formed the grounds for a literature search. A review of the literature was included on the advice of participants in a prairie focus group, in the fall of Members of the Prairie Region Canadian Association of Chiefs of Police and the Federal Correctional Services Committee had expressed interest in research and development activity, as well as policy discussion in professions involved in justice services. An environmental scan does not offer solutions, it points to issues which frame the work agencies do. This report highlights problems and opportunities for short and long term strategic planning and issues management for agencies and services. User comments and additional information are appreciated. Thanks again to all who contributed to this report. Dianne T. MacDonald Prairie Regional Office Solicitor General Canada Secretariat Saskatoon, SK Phone: (306) Fax: (306)

6 TABLE OF CONTENTS EXECUTVE SUMMARY i 1.0 NTRODUCTON Project Framework and Objectives REGONAL CHANGE mpacts of an Aging Population Youth Aboriginal Demography Diversity in Communities Poverty MANAGNG N FSCAL RESTRANT Overview Management / Leadership Strategies RELATONSHPS WTH THE COMMUNTY Public Perceptions Access to Justice Public Accountability Policy Consensus and Resource Management ABORGNAL AGENDA Self-Government Women and Equality Rights Alternatives and Reform TECHNOLOGY AND CHANGE Overview mpacts of Technology on the Public HUMAN SERVCES: PEOPLE AND WORK The Changing Face of the Public Service Restructuring and Morale Safety in the Workplace 27

7 TABLE OF CONTENTS - continued 8.0 SUMMARY 30 APPENDX A APPENDX B APPENDX C APPENDX D APPENDX E APPENDX F APPENDX G Methodology Tables Complete List of Participants Focus Group Results: Conditional Release Focus Group Results: Correctional Services Telephone nterview Results: Police Selected Bibliography on Environmental Scanning ssues dentified for Federal Corrections, Conditional Release and Police Planners in the Prairie Region, 1993

8 i EXECUTVE SUMMARY ntroduction / Background Criminal justice planners and managers currently face increasing restrictions on available resources and, at the same time, growing demands for more and better service. To operate effectively in such a demanding environment, change to the current system will be necessary. The Prairie Region Environmental Scan was developed to provide information on issues foremost in the environment. A scan works from a belief that those delivering service have extensive knowledge of issues that propel change. The scan, which took place between the spring and summer of 1993, was completed in two parts. The first part collected quantitative information on demographic forces and economic conditions of prairie Canada. This qualitative report focuses specifically on federal corrections, conditional release and police. Main Themes The five issues most frequently mentioned by the research participants were: - Fiscal restraint - Relationships with the community - People and work - Aboriginal agenda - Technology and change These issues, along with a summary of some of the most significant demographic changes, directed this report. Participant comments are integrated with relevant literature throughout. Some of the main findings from each of these issues are as follows. Regional Demographics income tax base will shrink; aging populations have special needs as victims; the offender population will be more educated, more dangerous, more diverse, and more violent;

9 sentences maturing at 25 years will pose unique re-integration problems; youth are losing access to social power; youth are increasingly at risk of becoming victims/victimizers; Western Canada has a large young Aboriginal population and higher rates of youth crime; urbanization of Aboriginals is increasing; by 2001, % of city populations will be Aboriginal; research needs to pursue more comprehensive information about the location of offenses and criminal justice processing and more knowledge about regional differences; attention should also be paid to social structure and race relations in Aboriginal communities. Diversity in Communities specialized services, including cultural sensitivity, linguistic skills and global awareness, will be needed to work effectively with new Canadians and ethnic communities; il t 1 the agrarian base of community is shifting to larger regional centres; child poverty in the prairies increased in the eighties and remains above the national average; the elderly, because of their social power and fear of victimization, will want to be included in discussion about crime policy. Fiscal Restraint economic rationalization is the bottom line to resource management and service provision; public and social spending is declining; public servants will continue to be viewed as the problem and the solution to the fiscal crisis; r administrative reform will continue;

10 organizational design and management practice will continue to be ad hoc for some time; policy responses will include cost reduction and cost recovery; private sector partnerships, civilization, and fee for service models may be applied; boundaries between the public and private sectors involved in policing and corrections need to be clearly defined; standards and enforcement of standards vvill continue to be an issue; defining the working relationship between public service law enforcement, community and private security industry will be important. iii Relationship with the Community the immediacy of media escalates pressures for officials responding to a crisis or incident; workers face additional pressures when emotions run high in the face of violent victimization and crime fear; open and accountable criminal justice contacts with the community will require complex skills; access to justice and access to information will increase workloads and pressures; pressures to share information will increase; public accountability, particularly in response to victimization, is a key factor for building public trust; more community consensus on resource rationalization for policing will need to be developed; problem solving, conflict resolution and diversity of skills will be critical for effective community relations; civilian involvement in policy and service delivery will increase; partnerships vvith related agencies and human services will be developed;

11 organizations will need to be more flexible; policy decisions about how to best serve the broad community will have to be made by consensus of grassroots and justice officials; the community role in criminal justice systems is crucial in establishing effective crime policy. iv Aboriginal Agenda the policy of devolution will directly impact on policing and correctional services. Aboriginal access to justice can be achieved through cooperation and respect for the inherent right of self-government; Aboriginal women's concerns about safety/protection and access to resources are important to community policing and prevention dialogues; Aboriginal equity, cultural sensitivity and use of customary dispute resolution will increase; the alternative dispute resolution movement, coupled with the self-government movement, combined with decreasing resources and public dissatisfaction, will shift the paradigm of justice towards more diversity; the complex inter-dependencies between communities, Aboriginal, provincial and federal authorities will need to be worked out. Technology and Change better management of technological change is required; the federal government increased spending on information technology but growth is expected to slow until restructuring is complete; information technology can increase interdepartmental communication and joint planning; video technology offers cost savings and distance communication; security and privacy issues increase with the proliferation of intrusive technologies;

12 V some police predict a growth in electronic crime; expectations of technology for faster access to information creates new pressures in the work place. Human Services - People and Work government corporate identity is changing, the workforce will be more representative; cost of human resources will be controlled with options like shorter work weeks; organizations will become flatter and more interactive; job complexity will increase; some predict a shortage of higher order complex skills at the turn of the century; public sector morale is affected by strain of restructuring; a variety of worker skills will be in demand; violence awareness and reporting of work-related violence has increased; agencies will need to implement processes to record violent incidents and debrief after critical incidents.

13 1 1.0 NTRODUCTON Modern society is encountering unprecedented stress with technology, globalization, and governments facing limited resources. One area where this is most evident is in the criminal justice system. This document provides an overview of main issues that are expected to influence the law, police, corrections and public policy in the future. These issues come from the participants' points of view and, where relevant, current literature is included. 1.1 Project Framework and Objectives The prairie region environmental scanning process has be,en developed to provide a synthesis of perceptions by senior managers, supported with relatecl data, to facilitate change in the criminal justice system. The focus of this process is to identify critical issues, and assess the relationship among these issues, as they affect service delivery. This report represents the second part of the scan; it focuses specifically on federal corrections, conditional release and police as represented by the comments of senior managers in the criminal justice system. Three methods were used to gather information for this part of the environmental scan: Two focus groups: one with participants from correctional services and another with persons involved with conditional release. n total, 34 persons participated -- all were identified by their organizations as having a role in planning; Telephone interviews with police chiefs and planners (n=14), identified by police services, as having a role in future planning; A literature review directed by the issues most frequently identified by focus group participants and interviewees. The underlying issues covered in this part are listed below with their primary objectives: Underlying Factors: To identify the underlying issues, factors, trends, and problems in the external environment which will have the most significant impacts on the future policies and operations of different segments of the criminal justice system.

14 To identify the ways in which these key factors will create demands for change in services. Organizational mpacts: To identify how these key issues and the changes in the demands for service will affect organizations within the criminal justice system. See Appendix A for complete detail on the methodology. The list of primary scanning issues used for the literature review is shown in Table B-1 in Appendix B of this report. t t 2 Demands for Service: The report aims to serve as a stimulus for debate, discussion and planning. '

15 3 2.0 REGONAL CHANGE t is important to understand the basic demographic changes occurring within the prairie region in order to better plan for and respond to resulting implications. The changing demographics in the region affect what policing, corrections and justice organizations do and how they do it. The 1991 Census showed that nearly one-fifth of Canadians (17%) live in the prairie region. The population of the prairie provinces, and of Canada as a whole, has been steadily increasing over the past two decades. The rate of growth, however, has slowed considerably, particularly in Saskatchewan. 2.1 mpacts of an Aging Population Age Distribution Populations in the prairie provinces are aging. By 2036, 25 percent of the population is predicted to be over age 65 (Beaujot 1991). Alberta is a relatively "young" province compared to Canada as a whole and the rest of the prairies (Table B-2 in Appendix B). The Aboriginal youth population is in contrast very young. The 1991 Census shows persons age 65 and older represent only 9 percent of Alberta's population, compared to 13 and 14 percent of Manitoba and Saskatchewan respectively. Populations in Manitoba and Saskatchewan are aging slightly more rapidly than in Canada as a whole. Policy and Service Social and health policy areas are growing to meet the costly and complex needs of older populations. The greatest demand is for services which address the physical, psychological, and social vulnerability of older citizens. As the baby-boomers age, the current income tax base may shrink. Two-thirds of Canadian wealth is held by seniors, which translates to three to five trillion dollars in capital resources owned by seniors (Fulton 1992). Because of this concentration of wealth in the senior populations, some type of tax reform is likely. Grey Power groups could become more involved in social policy debate and may provoke a new kind of civil unrest. As victim services and criminal investigations adapt to the aging populations, so will institutional and after-care agencies. Sentences may be longer, and early release less likely with present law and order pressures. "Lifers", whose sentences have matured

16 from convictions in the seventies, will pose unique integration problems. One focus group suggested that the offender population of the future will be more educated, more dangerous, and more diverse Youth Except in Aboriginal communities, youth populations in the prairie region are decreasing, and the downward trend is expected to continue. The year old population makes up only 18 percent of the total population over 15; this 1992 figure contrasts with 26 percent in 1972 (Statistics Canada). This does not mean, however, that social unrest and crime among youth will lessen. Labour Force Participation Youth participation in the Canadian labour force fell from 27 percent in 1975 to about 17.5 percent in This de zline is expected to continue to the end of the century. Unemployment in this age group has steadily risen, however. Labour force statistics show more youth have given up looking for work. Table B-3 in Appendix B shows the percentage of youth (15-24 years) unemployed in the prairie provinces over the past decade. The number of full-time students who are working to get through school has increased from about 1 in 6 (16%) in 1982 to more than 1 in 4 (26%) in Close to 40 percent of youth jobs are now part-time. As among all age groups, the real wages of youth have declined (Ternowetsky and Thorn 1991). This means that youth often combine several part-time jobs with school, which tends to prolong their schooling and can delay entry into full-time paid employment. Victimization / Access to Social Power Stress and victimization is high among youth. Calls for broad-based crime prevention strategies recognize the relationship between victimization and access to social power: Adolescents who are chronically exposed to violence and poverty respond with rage, distrust and hopelessness. Successful programs for these youth include nine essential elements: street outreach and referral; needs and interest assessments; provisions for supportive, pers onal relationships with adults; availability of role models; peer group discussions; family interventions; neighbourhood projects; education and job preparedness training; and program objectives. Neighbourhood youth centres should engage youth in program planning

17 1 r 1 engage youth in program planning and program operation. Success cannot be achieved without a deeply ingrained faith that our young people can be resourceful and energetic agents of constructive and productive change. (Greene 1993, p.106) 5 t is generally recognized that risk increases with vulnerability. n Saskatchewan, for example, approximately 2,400 children and youth are in the care of the Minister of Social Services. An estimated 18 percent of children require some type of mental health service, while only 1.5 percent actually receive these services. Also, twenty-seven nonaccidental child deaths occurred between 1989 to The suicide rate in Saskatchewan is 14.3 per 100,000; one quarter of these are youth under age 24, much more than their share of the total population. Child poverty in the prairies increased in the eighties and remains above the national average (see section 2.5). Fifty-five thousand children in Saskatchewan live in poverty (Task Force on Child and Youth Advocacy 1992). Similar trends exist in Manitoba and Alberta. t Sexual assault accounted for 13 percent of violent offenses. Teenagers are at greater risk of becoming victims of violent crime than any other age group; they represent 23 percent of all violent crime victims. Of every 10 reported sexual assault victims, 4 were teenagers and 4 were children. One out of 3 males and 2 out of 3 females are victims of unwanted sexual acts. Of these, 80 percent occur before the victim has reached the age of 21 (Juristat, Vol. 12 No. 6, 1992). The influx of children and youth into the system as victim witnesses creates new demands for justice services. Crime Generally speaking, in 1991 Western Canada had higher youth crime rates than Eastern Canada. The rate of violent crime increased the most in Alberta. Overall youth arrests increased by 22 percent between 1986 and The charge rate for adults was 9 percent. ncidents of youth crime dropped in 1992, after steady increases in each of the preceding years. Fourteen percent of people charged with violent offenses were youth - - about half of those relate to minor assaults. This is the fastest growing offence among female young offenders. Concern is growing over youth crime; "get tough" measures call for treating youth as adults. n Canada, one-third of youths sentenced under the Young Offenders Act were sentenced to custody. More older youth were sentenced to custody than younger offenders, and older youth were more likely to be sentenced to secure custody. t

18 2.3 Aboriginal Demography 6 n prairie Canada, Aboriginal populations have grown significantly. n Alberta, for example, the Aboriginal population is expected to increase by 64.3 percent between 1990 and 2011, compared to a growth rate of 25.1 percent for the non-aboriginal population. The 1991 census indicates that there are 625,710 people reporting Aboriginal identity in Canada. Of these, 324,145 (52%) live in the prairie region and the Northwest Territories. Age Distribution According to the 1991 census, the Aboriginal population in Canada is younger than the general population. n 1986, for example, the average age was 23 for the Aboriginal population and 34 for the general Canadian population. The largest age group is 5-14 years, the second largest is years, and the smallest is 55 and older. The off-reserve registered Aboriginal population is very young. Most notable is that 60 percent or more of the off-reserve Aboriginal population is under 25 years of age. Ten percent or less of the total population is 45 years or older. This is approximately one-third the percentage that exists in the general population. More than fifty percent of Aboriginal youth between four and tvventy-five in Canada live in the prairie region. The population age group of are most at risk of conflict with the law. This is in contrast to the declining size of the overall population of youth at risk. Western Canada has a higher rate of youth crime than Eastern Canada; the Northwest Territories have the highest rate. Similarly, the highest proportion of Aboriginal sentenced admissions to correctional facilities is in Western Canada. Urbanization On/off-reserve migration is increasing. By 2001, urban centres will have percent Aboriginal ancestry. n 1966, only 14.2 percent of Aboriginals lived offreserve in Saskatchewan; in 1990, 46 percent lived off-reserve. ncreased urbanization and large urban youth populations will add new dimensions to social justice and criminal justice response to Aboriginal people. Conflict vvith the Law Aboriginals are over-represented in offender populations. According to one recent publication, for example: "Aboriginal people incarcerated in provincial institutions in Alberta, Saskatchewan and Manitoba comprised 64% of all incarcerated

19 Aboriginal people in , although Aboriginal people in these provinces comprised only 37% of the total Aboriginal population, and 42% of the total registered ndian population in Canada" (LaPrairie 1992, p.3). 7 The rate of Aboriginal over-representation in the criminal justice system is higher in western Canada. LaPrairie suggests that this regional difference is linked to age distribution, migration, transiency, and access to social and economic resources. Enforcement issues emerging with urban reserves will parallel some of the same questions about public and private policing cooperation and boundaries. n the past decade, police were in the middle of land use disputes and jurisdictional questions. Slow economic development and the exploitation of gaming as a revenue source may produce new kinds of conflicts, offenses and victimization for Aboriginal communities. (See Table B-4 in Appendix B.) La Prairie, discussing the over-representation of prairie Aboriginals as offenders and as victims, suggests: While it is not popular to recommend more research, large gaps in knowledge remain and outstanding questions must be answered.... some of these questions relate to the propensity of people to leave reserves, the regional variation in transiency and migration, the need for more comprehensive information about the location of offenses and criminal justice processing, more knowledge about the genesis of demographic and regional differences among registered ndians and other Aboriginal groups, and the emergence of new social structures in Aboriginal communities which dictate social relations and access to opportunities. n order to better understand the disproportionate representation of Aboriginal people in correctional institutions, criminologists may have to turn their attention more to the same criminological theories they apply to non-aboriginal society. (LaPrairie 1992, p.20) 14 Diversity in Communities Ethnic Groups The socio-demographics of persons coming into contact with the criminal justice system are changing; needs for specialized services will logically follow. Different ethnic groups have different experiences and attitudes to government authority, and especially to the police. Thus, communications about events in ethnic neighbourhoods require cross cultural and linguistic skills.

20 Police said during their interviews that relationships with new immigrants often are affected by their experiences in their home countries. For example, they may not be willing to help police if their experience with police has been repressive. Similarly, their tolerance and use of violence may differ from Canadian standards, which affects crime patterns. For witnesses, offenders, and inmates who are not fluent in English, justice officials will need multilingual skills to ensure quality decision making, release planning, and fair access to justice. Canadian laws are not necessarily understood in the same way by all citizens. Justice officials will need to recognize that different norms, values and experiences will influence how people perceive the rule of law. Concerns about bias will increase. 8 Rural/Urban Migration Prairie towns are declining as agriculture transforms in response to international competition. Smaller towns will disappear, along with a distinctive community oriented lifestyle. ncreasing populations will be in large regional centres and cities. As with any migration, transience and reduced roots in a community can produce unrest and increased demands on the justice system. Pcrverty Poverty rates in Manitoba and Saskatchewan were, in general, above the national average in this decade. n 1990, for example, the national poverty rate for all persons was 14.6 percent compared to 17.8 percent in Manitoba and 16.6 percent in Saskatchewan. (See Table B-5 in Appendix B.) Each of the prairie provinces experienced a significant rise in child poverty between 1980 and 1990, particularly in Saskatchewan (see Table B-6 in Appendix B). The rates remained above the national average. n 1990, for example, 16.9 percent of all Canadian children under 18 were poor; this compares to Manitoba where 22 percent were living in poverty. Poverty and income inequality are related to crime rates, increased intolerance and intergroup conflict. Some police reported higher incidence of employee theft, and more domestic disputes and stress-related conflicts over the last decade. Transient groups, such as the homeless or jobless, are growing and vvill increase pressures on provincial welfare and criminal justice systems. The increased insecurity of employment and chronic unemployment, especially among youth and Aboriginals, are preconditions for policing problems.

21 9 3.0 MANAGNG N FSCAL RESTRANT 3.1 Overview Fiscal pressures dominated all discussions with research participants, and fiscal restraint significantly influences all of the other issues discussed in this report. The once acceptable practice of credit financing is over. n the late 1980s, asset inflation was a self-reinforcing process. Market values of homes rose daily. Debt was the underlying dynamic of credit expansion. Leveraged buy-outs to facilitate more efficient corporate structures were a global phenomenon. Today, for example, the ratio of household debt to disposable income in Canada is at an all-time high of almost 80 percent, compared with just a little over 50 percent a decade ago. Total private sector debt increased from about 95 percent of GDP in 1984 to roughly 120 percent in 1991, an increase of some $400 billion. And no one needs to be reminded that government debt, despite rising taxes, also increased steadily relative to the size of the economy during the past decade. The situation was certainly no different in the United States. (Globe and Mail, 19 November 1992, A3) Government revenue sources plague Canada's future. Canadians already say that they think taxes are too high. Provincial governments want tax system reform. This public policy discussion includes ways to tax a growing underground economy and to shift more of the burden onto the corporate sector. The public sees accumulated debts, and debt service costs in the public sector, as driving forces in the recession. Thus, both the private sector and the public demand less government spending. Pressures to be businesslike, cut costs, do more for less and manage risk, are intense. The critics characterize the various public services as inefficient, rule-oriented, lacking in incentives and unresponsive to changing political values. Those who question the competence of the public service have gained support from the supply side and public choice theorists who regard bureaucrats and politicians as promoting their self-interest rather than the public interest. Their contention is that public services can become more efficient and more economical if they adopt a more market-oriented approach to public policies and introduce more business-like methods to public sector management. (Niskanen 1971 and 1973)

22 As a proportion of total economic activity, public spending is on a downward slide. Data suggests that Canada's social spending will fall from a current 21.5 percent of the GNP to 17.3 percent by 2000 (Chorney et. al. 1992). This is already the second lowest among the G7 industrialized countries (U.S., Canada, Britain, - France, Germany, taly, Japan), and respondents believe the trend will stabilize and fall when adjusted for inflation. Most are pessimistic that the new demands on the criminal justice system can be accommodated within this fiscal reality. (See Table B-7 in Appendix B.) 3.2 Management / Leadership 10 The universal administrative reform movement in public management of the past two decades...has obviously been driven in large part by the requirement that governments respond to the fiscal stresses brought about by changes in the international economic system on the one hand and by the unrelenting demands forgovernment services and regulations in national political systems on the other. (Aucoin 1990, p.115) Two sets of ideas, "representative government" and the "managerialist" school of thought, have had an impact on the way governments are structured for administering public affairs. The two ideas have very different premises about what constitutes public management, so when pursued together, they breed tension and even contradiction.' Table 3-1 illustrates the basic premises of the paradigms.!reseytatvl: : TABLE 3-1 Centralization Coordination Control Decentralization Deregulation Delegation See Aucoin (1990) for a discussion of "whether the organizational designs for the reform of representative government and public administration promote the required accommodation between these tensions and contradiction (p.116)."

23 Aucoin (1990) identifies three paradoxes which emerge from these contradictory starting points. The bureaucracy problem According to representative government theory, the problem is bureaucratic power. Politicians under representative government must "tame" bureaucracy by concentrating power in the hands of elected representatives. From the managerialist perspective, the "bureaucratic ideal has led to excessive controls on bureaucrats." Bureaucrats must be freed from this formal system of controls and be given private sector incentives to "reinvent" government. 11 The policy/administration dichotomy The representative government theorist sees the political aspect of decision making as predominant in both policy and administration; managers should not function independently but as agents of politicians. The managerialist paradigm, on the other hand, confines policy to "a few core values", top managers should allow line managers to exercise discretion on the implementation of policies. The representation/responsiveness conundrum n enabling citizens to have more input into public policies, the paradigms again have different approaches. One theory asserts that this input be accomplished through elected representatives. Managerialists, on the other hand, advise managers to be responsive to the customer, to "recognize the value of the ideas which emanate from their clients (p.128)." This final issue, of representation and responsiveness, is a particularly complex one for the justice system. As one author said, Our governments rarely give communities and citizens any control over public safety; they leave that to the professionals (the police). They rarely offer their customers any choices (mediation services, alternative dispute resolution forums, community courts, environmental courts,

24 12 emergency room' treatment for pressing cases, restitution for victims). (Osborne and Gaebler 1993, p.319) Clearly, these paradoxes produce "cross-pressures" in public management; and they "result in principles of organization design and management styles which push in opposite directions" (p.129). 3.3 Strategies Fiscal stresses have led to a number of policy responses aimed at budgetary restraint, "down-sizing" government public services, and privatizing government. Reviews and Restructuring More and more, government officials are saying that which level of government is spending does not matter as much as where the money comes from: the tax payer. Reviews of public spending by all levels of government intend to reduce overlap and costs, and increase access to service. These initiatives will move from sector-based initiatives to government wide initiatives, affecting common services of all levels of government. All departments are conducting internal reviews to redesign operations. Electronic Monitoring n the past decade or so, Canada has experienced a rapid rise in correctional populations, leading to overcrowding. n the last five years, the federal inmate population increased by 18%; provincial inmate populations by 12%. n corrections and conditional release, technology offers an alternative to incarceration with electronic monitoring. The number of offenders under supervision is increasing. Electronic monitoring can cost effectively manage the increasing number of offenders vvithout compromising public safety. Much has been written about electronic monitoring since its beginning in 1984 (Schmidt 1989). All systems monitor inmate location in the community and at home. Offenders eligible for this program need a certain level of resources and support, including a private residential telephone line. This may be a significant factor in the high success rate -- employed, stable home dwellers are among this program's most successful.

25 Another advantage to electronic monitoring is cost recovery from the users; this is the case in Florida. Participants pay a daily fee for systems operation and the capital outlay, which makes it an almost no cost" operation (Schmidt 1989). With low risk clientele, these kinds of programs may be ripe for privatization. Schmidt (1989) points out that if there is no removal of prisoners from the jails, there is no real savings. n Saskatchewan, where electronic monitoring has been in practice for several years, this view is echoed. 13 User Pay To respond to demands for more efficiency, some agencies have introduced user fees. This principle proceeds on the idea that those who benefit should pay. This strategy recovers costs, raises revenue, and manages service demands. To date, user fees have been introduced on services such as pardons, security checks, and gun applications. The average local government (not counting school districts) raises more than 25 percent of its revenues from user fees. They are particularly common for garbage collection, water and sewer services, recreation facilities, parking, health services, police services at special events, building inspections, and zoning services. The public clearly prefers this approach. 'All of our public-opinion polls inçlicate that when you confront citizens with their preference for raising revenue - user fees, property taxes, local sales tax, local income tax - user fees win hands down,' says John Shannon, former executive director of the advisory Commission on ntergovernmental Relations, in Washington. 'That's what's kept this (user fee) movement skipping right along.' (Osborne and Gaebler 1993, p.203) Privatization One issue on which there seems to be no consensus is privatization. n the United States, the private sector is involved in corrections in five ways (see Lilly and Knepper 1992, p.175): 1) finance and construct prisons 2) operate facilities for juveniles 3) operate facilities for adults 4) provide work for prisoners 5) provide specific contractual services (eg. health care and vocational education for inmates and staff)

26 The privatization literature discusses private policing and the increasing presence of the private sector in corrections. The ratio of private security to public officers is three to one. n the USA, government purchased 19 percent of these services. Some American communities see these services as more proactive. Described as ''clientdirected justice'', private policing is viewed to be more effective in crime prevention. The critical issue is how relations between private and public policing agencies are defined. Clear boundaries between public and private services require clarification. On the detention and corrections side, opinion on this boundary is also not unanimous. n Canada, private sector involvement in non-secure facilities is extensive. For example, While the Correctional Service of Canada (CSC) operated 21 Community Corrections Centres in 1986, the large majority of services for halfway houses were contracted out to 160 privately owned and operated CCCs (Earnshaw and Normadeau 1987, p.p. 23-4). The CSC had about 358 contracts with nonstate agencies for 1985/86. These contracts were valued at 19 million, an increase of 86% compared to 1983/84. (Lilly and Knepper 1992, p.177) 14 The political climate favours increased commercial involvement. n addition, "Overcrowding... not only places pressure on governments to consider private prisons, but also to develop alternatives to incarceration" (Lilly and Knepper 1992, p.180). Alternatives, such as electronic monitoring, discussed earlier in this section, offer significant opportunities for the private sector. Much of the resistance to the encroachment of commercial interests in corrections falls in the policy area. Many see the privatization of prisons as a move away from standards. Public services have high standards in areas of equal opportunity, health and safety, and accountability/openness. The public service policy issues involve enabling legislation, cost efficiency, standards definitions, occupancy limits, contract monitoring, non-compliance sanctions, training requirements, failure options, and types of inmates. A primary concern lies with the definition of relationships between the public service law enforcement community and private security workers.

27 RELATONSHPS VVPTH THE CO The general public is the key stakeholder in the justice system. Managers and frontline staff must understand and respond to the public's concerns. The research participants had specific concerns about their relationships with the community and public. 4.1 Public Perceptions Media Reporting and Role in the CJS All of the participants reported concerns about the role of the media. National crime surveys, such as Canada's General Social Survey and the British Crime Survey, show that one's risk of criminal victimization is relatively low (Fattah 1991; Sacco and Johnson 1990). Homicide rates in 1989 and 1990 dropped below the rate, when baby boomers were moving through their high crime years. Crime is often intra-racial and intra-class, suggesting that racism has a lot to do with the problem (Lea and Young 1984). Research indicates that there is a relationship between people's images or fear of crime and their level of involvement in the community. Persons who are alienated, afraid of strangers, and view a lot of television are most likely to have unrealistic images and fears of crime. Studies have examined the content and quality of media coverage of crime, and a consistent picture has emerged from the literature which supports the concerns of the research participants. The amount and type of crime reported has little relationship to the level that occurs in a community, and violent crimes are highly overrepresented (Garofalo 1992). Expectations and Demands The Canadian Sentencing Commission summarized public perceptions as follows: Overestimates violent crime Underestimates sentence severity Demands more harsh sentences Overestimates parole grant rates Overestimates offender recidivism (See also Table B-8 in Appendix B.) 1

28 Public safety pressures on corrections officials escalate with the immediacy of media. The public is concerned about the security of prisons -- no one wants a prison or half-way house in their backyard. Emotion runs high, especially in incidents of violent victimization and death. How to reconcile these fears, intensified by "in your face" media, with the work of re-integrating offenders in society, for example, demands complex skill in the criminal justice system. Workers expect they will need to show more openness and accountability about the criminal justice process.-the profession will involve more public education, and more involvement of and contact with the public. 4.2 Access to Justice Access to justice, openness, equality, fairness and all the principles of justice in Canada are measured against over-represented violent crime reported in the media. Every province in the region has introduced access to information legislation. News media, in pursuit of "the public's right to know", want openness and accountability of information. Openness in the justice system is more and more frequently equated with fairness to victims and retribution. True justice is perceived as public justice. The media challenges the autonomy of the judiciary and the power of lower courts to close doors and impose bans on information. Editors say that limiting media access denies public access: Our law is supposed to be steeped in the idea that if justice is truly to be done, the doing must be carried out in public. How else to protect accused and accuser alike from a miscarriage of justice? Limited restrictions on reporting may be warranted in some exceptional cases. But these recent blanket media blackouts - covering everything from The Boys of St. Vincent, to the Diane Wilhelmy constitutional tapes, to Hydro-Quebec's secret cut-rate power deals - are unfathomable. Nor can the bans on reporting of evidence in the Karla Homolka case or the Martensville, Saskatchewan, sex-crimes trials be said to serve the interests of justice. Why is public access to Canada's judicial system being rationed like hot water in a cheap rooming house? (Globe and Mail, 24 September 1993) 16 Access to information is a growing business and will put further demands on workers in terms of how they maintain and share information.

29 Public Accountability m The mportance of Building Public Trust Respondents expressed the view that instilling public confidence and building public trust is essential to public safety, and the success of the criminal justice system as a whole. People must have faith in the process for the justice system to be effective. According to research participants, offender and risk management depends on a strong relationship with the community. Public safety depends on community cooperation. Releasing offenders into informed and tolerant communities offers better opportunities for viable crime prevention plans. Frontline staff vvill have to broaden the sense of responsibility for community safety. Sensitivity to public fear of victimization is an important part of the relationship with victims and advocacy groups. Fear and perceptions that the system re-victimizes people weakens policing and correctional relationships with the community. When victims of crime link the system to the public, it is often in the context of tragedy. Participants were concerned that victim perspectives reinforce negative images. However, authors warn, nterventions aimed at increasing the responsiveness of the system to victims will do little to alter the alienation more generally exhibited by lower status individuals....the roots of alienation are embedded in the broader sociological dynamics of society. Consequently, efforts to remedy the problem must acknowledge the socio-structural conditions that perpetuate status differentials. (Thompson and Norris 1992, p. 117; 1990) The research participants reported feeling as if they were in a "defeated" situation. 4.4 Policy Consensus and Resource Management The criminal justice system is facing diminishing resources and greater demand for more and better services. The entire public sector is facing this pressure between public expectations and resource constraints. Facing the public and explaining the justice system is no easy task. n some communities, the police officer is the only public servant who interacts with all segments of society. The police may also be the only 24-hour helping organization, and get calls for many emergencies. Police often have to respond to calls for help

30 that are not necessarily related to crime. Because current fiscal policy is oriented to economic rationalization, police felt communities will have to more actively determine their priorities. Communication and problem solving skills are critical in addressing a multitude of often conflicting community perceptions and needs. t was seen by participants as a complex task to serve diverse clients and expectations, and resolve community conflict with justice. Every function in the system relies on public trust and confidence to achieve an overall mission of justice, public protection and crime prevention. Research participants commented that internal processes and structures would have to change to meet the expectations and needs of the community. For example, police predicted civilians and communities would play a larger role in programming. Conditional release focus group members also said responsibilities would be shared with "partners" in the community, through increased use of volunteers and community programmes. Everyone agreed that organizations would have to become more flexible to meet the changing demands of the public. From the perspective of participants, the discussion on how the criminal justice system fits in a context of social justice and the Canadian confederacy vvill require policy consensus. This consensus involves police services, court officials, corrections, victims and communities in deciding policy and implementation strategies. Police, courts and corrections have the protection of society as their mission; they must make reasonable efforts towards prevention and rehabilitation. Law and order lobbies and crime prevention through social development advocates battle to get their different messages across to political officials. Decisions about "how to best serve the broad community umust be made. How resources will be allocated for the broad community interest is yet to be developed. 18

31 ABORGNAL AGENDA All of the research participants anticipated that the entire Aboriginal movement for change will significantly impact on policing and corrections services in the prairies. 5.1 Self-Government The profile of Aboriginal aspirations and movements for self determination has shifted to mainstream political forums. Since 1970, bands have been taking over services, such as education, child welfare, economic development, and policing. Evidence of self-government can be seen throughout Canada. For example, the Aboriginal Economic Development Program has 178 active contribution agreements across Canada. This includes 15 such agreements in Manitoba, 24 in Saskatchewan, and 13 in Alberta, as of March, 1991 (PRA 1993). By 1991, there were 324 band-run schools across the country. Communities and tribal councils are working to transfer social development, economic development, justice and education to local control. Outstanding land claims and treaty rights are slowly being settled. 5.2 Women and Equality Rights n August of 1992 the federal Court of Appeal ruled that consulting mainly men on Aboriginal policies which affect all Aboriginal peoples is a violation of the freedom of expression (Royal Commission on Aboriginal Peoples; Justice Roundtable, McPherson 1992). Some of Aboriginal women's concerns about self-government models include safety, protection, and human rights that they see as not being addressed by male dominated leadership. This dimension in the policy of devolution is a important force in the dialogue on self-government. The Royal Commission on Aboriginal Peoples report, "Partners in Confederations" (1993), discusses sovereignty rights. The discussion of the federation of provinces and federal democracy views self-government in a spirit of cooperative federalism. Based on respect for the inherent right to self-government, all parties can commit to communicating, acting and implementing self-government. Treaties, constitutional and legislative reform and mutually acceptable accords can move the agenda forward. Policing and Corrections Response n the short term, the need remains for more Aboriginal involvement in all aspects of the criminal justice system, especially with respect to issues of release and the