Criminal Justice System

The criminal justice system (CJS), a cornerstone in our democracy, is a key component in maintaining law and order in society and the overall prosperity of Canada. The CJS aims to reduce crime and its harmful effects through a continuum of prevention, policing, courts, corrections, and reintegration. The CJS is a complex policy space with many involved actors and shared jurisdiction with provinces and territories. The federal jurisdiction extends to criminal law, federal corrections, and conditional release. Provincial jurisdiction includes policing, prosecutions and administration of justice. Victim services and crime prevention programming operate in both jurisdictions and criminal records may fall into all jurisdictions.

Public Safety Canada (PS) plays a key role in crime prevention, policing, corrections, and reintegration through evidence-based policy, programming, strategic advice, and federal-provincial-territorial and stakeholder engagement. PS works closely with a variety of partners on CJS related issues, including Portfolio agencies, provinces and territories, and community organizations. As Minister, you share federal responsibility for the CJS with Cabinet colleagues, notably the Minister of Justice, who is responsible for the Criminal Code, which prescribes offences and penalties, as well as public prosecutions, and supporting victims of crime.

Relevant Mandate Letter Commitments

Further Information

The CJS evolves and adapts to reflect changing societal norms and policy priorities. Recent trends in Canada include recognition of the importance of eliminating systemic racism, reducing the overrepresentation of Indigenous and Black Canadians in the CJS, and greater investments in prevention and victim support. Meanwhile, technology has facilitated the rise of specific forms of crime, such as hate crimes and cyberbullying, at a time when the overall crime rate has been declining.

Crime Prevention

PS’s crime prevention programming includes measures to stem the flow of marginalized groups into an already stretched CJS, reduce gang-associated crimes, protect those at risk of hate crimes, and respond to timely priorities (e.g. a current emphasis on Black and Indigenous youth).  Provinces and territories have expressed interest in pursuing new models of crime prevention that seek to bring multiple sectors together to address early risk factors for offending.

Federally Incarcerated People

Management of incarcerated individuals is a shared responsibility between the federal and provincial governments. At the federal level, corrections is concerned with the care and custody of offenders who have been sentenced for two years or more, whereas provinces have responsibility for offenders who have been sentenced for two years less a day, or less.

The financial burden associated with federal corrections is high, with each of the roughly 12,500 inmates costing on average over $120,000 a year. There are also significant human and social costs to consider.

A Senate Committee on Human Rights report, tabled in 2021, reviewed the status of federally incarcerated people with a focus on improving the services and supports and ensuring equitable outcomes for marginalized groups within institutions. The Senate report identified a wide range of concerns, including problematic “pathways to incarceration” — social factors such as poverty, homelessness, trauma, and addiction. It also highlighted the need to enhance health care, develop diverse rehabilitation and reintegration programs, and strengthen oversight and accountability for use of force and conditions of confinement. The report noted that 30% of federally-sentenced persons and 50% of federally-sentenced women have mental health disorders, far exceeding rates in the general population. Indigenous People represent 30% of federally incarcerated individuals but only 5% of the overall Canadian population, with Indigenous women representing 42% of the federal female incarcerated population. Black inmates represent 7.2% of the total federal inmate population, which is more than two times their representation in Canadian society.

The conditions of confinement in federal penitentiaries are the subject of extensive litigation including class actions and constitutional challenges. In 2019, Structured Intervention Units (SIUs) replaced administrative segregation for those inmates who cannot be safely managed within a mainstream inmate population. Unlike segregation, a practice found by the Courts to be unconstitutional, SIUs provide inmates with targeted interventions, including mental health care, as well as opportunities to leave their cells and engage in meaningful human contact. Independent External Decision Makers (IEDMs) have been appointed to review all SIU placements to bring about greater transparency and oversight. Nevertheless, questions and concerns about the  SIU model continue to be raised by Parliamentarians, the Correctional Investigator, and key stakeholders active in corrections and community reintegration (e.g., Elizabeth Fry Societies, John Howard Society). An SIU Implementation Advisory Panel (IAP) was appointed in July 2021 to provide external advice and guidance to the Minister on the implementation of SIUs, and the mandate was extended recently until December 2024. To date the IAP has released one annual report and a few updates from the report.

The Corrections and Conditional Release Act (CCRA) mandates the Correctional Service of Canada (CSC) to provide a safe and secure environment for staff and inmates at federal correctional institutions, which is conducive to the rehabilitation and reintegration of offenders, reducing the risk of reoffending and keeping Canadian communities safe. On July 20, 2023, the Minister of Public Safety issued a Ministerial Direction to the Correctional Service of Canada (CSC) to ensure victims’ rights are considered from the beginning and strengthen the way it shares information with victims and the government. This direction will improve notification to victims surrounding security classification and transfers of offenders, and establish a formal process to notify the Minister of Public Safety.

Victims

In 2015, the Canadian Victims Bill of Rights was enacted ensuring that victims of crime could exercise rights to information, protection, participation and to seek restitution. The Minister of Justice plays the lead role in developing victim policy, in collaboration with provinces and territories, to give victims of crime a more effective voice when they come in contact with the criminal justice and correctional systems. Justice also administers the Federal Victim Fund that provinces and territories can access to promote access to justice, improve the capacity of service providers, foster the establishment of referral networks, and/or increase awareness of services available to victims of crime.

The PS Portfolio also has a role to play in providing information services to victims to assist them in navigating the CJS. In addition, PS provides a victims’ lens in the development of federal correctional policy. All federal bodies that interact with victims of crime, including PS’ National Office for Victims and Portfolio agencies, are obligated to establish complaint mechanisms by which victims can have their complaints dealt with directly and expeditiously. The Federal Victim Ombudsman has identified shortcomings in the legislation and made recommendations for change.

Recidivism

Reducing recidivism is a core objective of the CJS, as recidivism marks the return to the CJS of those who had exited. An Act to Establish a Federal Framework to Reduce Recidivism received Royal Assent and came into force on June 29, 2021. The Act creates a statutory obligation for the Government to broadly engage with stakeholders in the development of a Framework which must be tabled in Parliament in June 2022. The Federal Framework to Reduce Recidivism was tabled June 2022, and an implementation plan was developed and is expected to be published shortly. No new funding was provided for the Framework, so the focus is about improving the efficiency and effectiveness of federal programing and actions.

The Indigenous Community Corrections Initiative (ICCI) is one example of the government’s efforts to reduce recidivism, including amongst Indigenous offenders, who are overrepresented in the CJS. The ICCI will be leveraged as an early action to support the implementation of the FFRR by supporting culturally tailored alternatives to incarceration and reintegration projects. A total of $56 million will be invested during the next five years, and $12.7 million will be available in ongoing funding. Work is underway to evaluate over 100 applications received during the spring 2023 call-up.

Pardons, Record Suspensions and Expungement

Record suspensions, formerly known as pardons, help avoid recidivism and reduce barriers to successful reintegration by facilitating access to education, housing, employment and volunteer opportunities.  Individuals who have completed their sentence, meet the eligibility criteria and have waited a prescribed number of years, may apply to have their criminal record kept separate and apart, unable to be disclosed or accessed except in specifically prescribed circumstances.

The Record Suspension Program (RSP) adapts and responds to changing societal norms: recent examples include expunging criminal records of those convicted in the past for engaging in consensual sexual activity between same-sex partners that would be lawful today, and offences that traditionally targeted the 2SLGBTQI+ community, such as bawdy house offences,  and  establishing no-cost expedited record suspensions for simple possession of cannabis. Parliamentarians, human rights advocates and criminal justice reform supporters are calling for further program modernization and increased accessibility to record suspensions, including through automation of record suspensions. At the same time, victims and survivors of crime, as well as the law enforcement community, are cautious and favour that any changes keep public safety and the prevention of victimization at the fore. Provinces and territories, for their part, mainly agree with increasing access to record suspensions for those who have served their sentence and are living crime-free.

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