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Mr. Kevin Sorenson, M.P.
Chair
Standing Committee on Public Safety and National
Security
House of Commons
Ottawa, Ontario K1A 0A6
Dear Mr. Sorenson:
On behalf of the Government of Canada, I am pleased
to provide you with the following response to the recommendations of the Sixth
Report of the Standing Committee on Public Safety and National
Security: “A Study of Electronic Monitoring in the Correctional and
Immigration Settings.”
The Committee Report provides an insightful
examination of the current advantages and challenges associated with electronic
monitoring programs. The advantages rest with potential cost savings, as
well as enhanced monitoring and supervision in the corrections and immigration
enforcement contexts. The challenges are primarily with respect to
effective implementation and evaluation. In keeping with the Committee
Report recommendations, the Government is committed to thorough testing and
evaluation of electronic monitoring technologies, as summarized below.
As the Committee heard in testimony, from 2008 to 2011,
Correctional Service Canada (CSC) implemented an electronic monitoring pilot
project. Throughout this pilot, CSC’s electronic monitoring initiative
required that an offender volunteer in order to participate. This
presented a challenge to conducting an effective evaluation because many
offenders would not volunteer given that they would be subjected to enhanced
monitoring of compliance with a condition of release related to a geographical
area or access to particular person(s). With the passage of the Safe
Streets and Communities Act, CSC now has the legal authority to demand that
an offender released on temporary absence, work release, parole, statutory
release or long term supervision wear a monitoring device to monitor such
conditions. Other challenges prevented the pilot from providing the kind
of results necessary to support a full roll-out of the program.
CSC is planning to implement a second, expanded,
electronic monitoring pilot project in 2013. A Steering Committee
comprised of representatives from CSC, Public Safety Canada, and Defence
Research and Development Canada - Centre for Security Science has been
established to serve as an advisory body to oversee effective implementation,
as well as a rigorous, scientific evaluation. The evaluation will examine the
cost-effectiveness of electronic monitoring, as well as any added benefit of
electronic monitoring over current practice, in effectively supervising
offenders who are conditionally released. Electronic monitoring will not be
used as an alternative to detention but to enhance compliance with conditions
upon release.
In accordance with past research findings which
suggest that the most effective results are obtained when electronic monitoring
is accompanied by programming (Bonta, Wallace-Capretta & Rooney, 1999),
electronic monitoring will not be used as a stand-alone measure: it will not
replace traditional methods of supervising offenders in the community, but
rather will complement the many supervision and risk management tools available
to parole officers.
The overarching goal of implementing an electronic
monitoring program should be to maximize public safety. Supervision tools are
used to promote public safety by facilitating the safe reintegration of
eligible offenders into the community. Measuring the effectiveness and
efficiency of electronic monitoring as a supervision tool during the pilot, as
well as determining cost efficiency, will inform any future decisions with
regard to the implementation of electronic monitoring.
To protect the safety, health and security of
Canadians and the integrity of our border, Canada’s immigration laws permit the
Canada Border Services Agency (CBSA) to detain individuals. In 2011-2012,
the CBSA detained 9, 929 people for an average of 19 days. When making
detention decisions, CBSA officers are guided by Canada’s immigration laws and
regulations as well as by the CBSA’s guidelines for its detention
program. It should be noted that each decision is assessed on its own
merits; and, officers always consider the impact releasing someone into the
community will have on the safety of Canadians. CBSA continues to further
examine electronic monitoring within the immigration context when such an
individual is released.
Electronic monitoring is presently being used for
several individuals who are subject to long-term security certificates. In
these cases, the Federal Court imposed electronic monitoring as a condition of
release to mitigate risk and ensure respect of other court-imposed terms and
conditions. The Immigration and Refugee Board (IRB) has in the past also
ordered electronic monitoring in a few cases as a condition of release.
The CBSA will examine the potential of expanding the
use of electronic monitoring and study its use and application in the
international context. In particular, lessons will be drawn from the
experiences of the United States and United Kingdom, the only two
countries which have implemented broader electronic
monitoring immigration programs. Discussions with international and national
stakeholders and practitioners in the field (including other government
departments), will further guide the CBSA’s review of electronic monitoring for
immigration purposes. During the course of this examination, the CBSA
will review existing research regarding the feasibility and risks of using
electronic monitoring with various detainee groups including pregnant women.
Should the CBSA’s study find that electronic monitoring
in the immigration context could benefit public safety and program integrity,
the CBSA will consider a pilot project to explore the expanded use of
electronic monitoring. The results of such an initiative would help inform any
potential program.
As the Committee heard, the CBSA detains individuals
in accordance with Canadian law. Individuals are only deported with IRB
and judicial oversight. It’s disappointing that the New Democratic
Party’s dissenting opinion clearly does not take the abuse of Canada’s immigration laws seriously. Canadians can be assured that our Government remains
committed to improving the public safety for all Canadians.
I would like to take this opportunity to thank you
and the members of the Standing Committee on Public Safety and National
Security for the diligent and important work you do.
Yours sincerely,
Vic
Toews, P.C., Q.C., M.P
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