CCJA
Prison overcrowding and the reintegration of offenders FRANÇAIS


 
PREFACE
 
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MANDATE AND PRINCIPLES
OF
ADULT CORRECTIONS IN CANADA

(Canadian Criminal Justice Association,1985)
 
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I. Preamble
 
Criminal justice is an integral and essential facet of society and as such reflects those accepted values that are intrinsic to Canada. Those values include the need to maintain the delicate balance between individual freedom and social control.
 
Some declarations of human values are recognized as having universal applicability. One such statement is the United Nations International Covenant on Civil and Political Rights which was acceded to by Canada in 1978.
 
Other commitments apply only to Canada and are legally binding on all pertinent activities. The Canadian Charter of Rights and Freedoms is the primary statement.
 
The principles governing the various components of the criminal justice system must be in harmony with each other and with the above statements.
 
There are a number of Canadian statements of criminal justice principles such as those contained in the Criminal Law in Canadian Society released by the Government of Canada and the Statement of Aims and Purposes of the Criminal Law released by the Canadian Criminal Justice Association. In addition, a number of provincial governments have such statements.
 
 
II. Mandate and Principles
 
Correctional services are an essential part of a coordinated and interdependent criminal justice system, and are provided by various levels of government as well as the voluntary sector in Canada.
 
The primary purposes of the correctional component of the Canadian criminal justice system are to contribute to the achievement of a safe and just society and to promote responsible citizenship by:
 
(a) providing the court with the widest possible choice of options in sentencing;
 
(b) carrying out the decisions of the court;
 
(c) providing appropriate measures of security, direction and control for the accused or the convicted offender;
 
(d) encouraging the offender's participation, whether in the community or in a correctional institution, in programs provided and designed to aid his/her successful integration into the community;
 
(e) co-operating with persons and agencies within and outside the criminal justice system to prevent crime and offer services to all persons involved in the criminal justice process.
 
 
 
In accordance with the primary purposes of the correctional component of the Canadian justice system, the following principles apply:

 
1. At all times the rights and dignity of all those involved in the correctional process must be respected and upheld.
 
2. The offender remains a member of society and forfeits only those rights and privileges which are expressly taken away by statute or as a necessary consequence of the custody and control imposed by the court.
 
3. The loss of liberty, restriction of mobility, or any other disposition of the court constitutes the sanction. Correctional services must not impose further punishment in relation to the offender's crime and must adopt the least restrictive course of action that is sufficient to meet the legal requirements of the dispositions.
 
4. In the essential exercise of discretion, correctional agencies must adhere to procedural safeguards that are not only fair but are perceived to be fair.
 
5. Correctional policies and practices must not deny the offender the hope of regaining status as a free citizen.
 
6. Correctional agencies have the responsibility to assist the offender to develop or maintain positive and supportive personal and family relations.
 
7. The achievement of law-abiding behaviour is ultimately a matter of personal choice and individual responsibility. However, many offenders who would not otherwise seek change will respond positively to a favourable environment, encouragement and support by corrections personnel. Correctional services must provide such stimulation and support.
 
8. Correctional agencies have a responsibility to present and promote a wide range of programs and services developed to meet the legitimate needs and interests of the offenders and to encourage and facilitate their participation.
 
9. Services available to the general public must be utilized in the correctional process whenever possible and practical.
 
10. Correctional objectives should be met through shared responsibility and cooperative action by the community, correctional workers, other segments of the criminal justice system and the offenders themselves.
 
11. Correctional agencies must be open. Specific procedures are needed to enhance public awareness and understanding of and participation in the correctional process in view of the social investment involved therein.
 
12. Staff are of paramount importance in accomplishing the goals of any correctional agency. They will make their optimum contribution if supported by effective personnel development opportunities and positive working conditions. Staff should have the opportunity to participate in the formulation of policies related to both programs and administration. Staff organizations should be involved in furthering this process.
 
13. Correctional agencies must be characterized by the effective use of resources. Efforts to achieve and maintain effectiveness require a responsiveness to a continuing program of data gathering, evaluation and review.
 
14. The advancement of knowledge is vital to progress in corrections and should be a primary objective. Correctional agencies should promote and support efforts to promote the state of correctional knowledge and to communicate such knowledge within the criminal justice system and to the public.
 
15. Correctional agencies must be accountable. They should be subject to regular, independent and public assessment.


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