DETENTION
The Correctional Service of Canada can refer an offender serving a sentence for a schedule I or schedule II offence to the Board for detention review if they feel that the offender is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence before the expiration of the offender's sentence. If the Board determines that the offender is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence before the expiration of the offender's sentence, the offender can be detained until the sentence expires.
Number of Detained Offenders:
Table 90
| NUMBER of DETAINED OFFENDERS, by REGION (as of April 8, 2007) |
||||||
| Atlantic | Quebec | Ontario | Prairies | Pacific | Canada | |
| Presently Detained | 26 | 89 | 88 | 71 | 41 | 315 |
| One-chance Statutory Release Revoked | 0 | 1 | 0 | 0 | 0 | 1 |
| Detention Ordered Not Past SR Date | 7 | 21 | 18 | 20 | 8 | 74 |
| Detained Total | 33 | 111 | 106 | 91 | 49 | 390 |
As of April 8, 2007, 315 offenders were being detained and 1 offender had had his/her one-chance statutory release revoked. Another 74 offenders had a detention order but had not yet reached their statutory release date, for a total of 390 offenders that have detention orders.
Referrals for Detention:
Table 91
| REFERRALS for DETENTION by REGION | ||||||
| Year | Atlantic | Quebec | Ontario | Prairies | Pacific | Canada |
| 1997/98 | 54 | 78 | 59 | 86 | 58 | 335 |
| 1998/99 | 32 | 49 | 47 | 72 | 56 | 256 |
| 1999/00 | 17 | 40 | 54 | 78 | 33 | 222 |
| 2000/01 | 32 | 43 | 56 | 51 | 47 | 229 |
| 2001/02 | 32 | 48 | 72 | 76 | 44 | 272 |
| 2002/03 | 23 | 59 | 82 | 79 | 41 | 284 |
| 2003/04 | 29 | 85 | 77 | 75 | 37 | 303 |
| 2004/05 | 31 | 53 | 76 | 58 | 29 | 247 |
| 2005/06 | 24 | 55 | 77 | 65 | 40 | 261 |
| 2006/07 | 22 | 73 | 64 | 55 | 36 | 250 |
| Total | 296 | 583 | 664 | 695 | 421 | 2659 |
The number of referrals for detention decreased 4.2% in 2006/07.
All regions, except the Quebec, saw decreases in the number of referrals for detention last year. The Ontario region saw the biggest decrease falling to 64 from 77 the previous year. The Quebec region saw an increase of 18, going to 73 from 55.
Table 92
| DETENTION REFERRAL RATE26 | |||
| Year | Detention Referrals |
Offenders Entitled to Statutory Release27 |
Detention Referral Rate |
| 1997/98 | 335 | 5430 | 6.2% |
| 1998/99 | 256 | 4867 | 5.3% |
| 1999/00 | 222 | 4921 | 4.5% |
| 2000/01 | 229 | 5011 | 4.6% |
| 2001/02 | 272 | 5195 | 5.2% |
| 2002/03 | 284 | 5453 | 5.2% |
| 2003/04 | 303 | 5635 | 5.4% |
| 2004/05 | 247 | 5648 | 4.4% |
| 2005/06 | 261 | 5706 | 4.6% |
| 2006/07 | 250 | 5716 | 4.4% |
The detention referral rate decreased slightly in 2006/07 to 4.4%.
Outcome of Initial Detention Reviews:
Table 93
| OUTCOME of INITIAL DETENTION REVIEWS | |||||||
| Year | Detained | Stat. Release | One chance | Total | |||
| # | % | # | % | # | % | ||
| 1997/98 | 312 | 93.1 | 6 | 1.8 | 17 | 5.1 | 335 |
| 1998/99 | 234 | 91.4 | 9 | 3.5 | 13 | 5.1 | 256 |
| 1999/00 | 208 | 93.7 | 8 | 3.6 | 6 | 2.7 | 222 |
| 2000/01 | 215 | 93.9 | 3 | 1.3 | 11 | 4.8 | 229 |
| 2001/02 | 257 | 94.5 | 5 | 1.8 | 10 | 3.7 | 272 |
| 2002/03 | 245 | 86.3 | 14 | 4.9 | 25 | 8.8 | 284 |
| 2003/04 | 279 | 92.1 | 13 | 4.3 | 11 | 3.6 | 303 |
| 2004/05 | 225 | 91.1 | 15 | 6.1 | 7 | 2.8 | 247 |
| 2005/06 | 233 | 89.3 | 11 | 4.2 | 17 | 6.5 | 261 |
| 2006/07 | 222 | 88.8 | 20 | 8.0 | 8 | 3.2 | 250 |
The detention rate decreased slightly in 2006/07 to 88.8%, while the number of offenders detained decreased (
4.7%). The number of offenders who were ordered released on statutory release increased 81.8% (to 20 from 11), while the number given a one chance statutory release decreased 52.9% (to 8 from 17).
Of the 28 offenders who were ordered released on statutory release or one chance statutory release in 2006/07, 23 had a pre-release residency condition imposed.
Table 94
| OUTCOME of INITIAL DETENTION REVIEWS by OFFENCE TYPE (%) |
||||
| Schedule I-sex | Schedule I- non-sex |
Schedule II | Non-scheduled | |
| Detained | ||||
| 2002/03 | 92 | 81 | 50 | 100 |
| 2003/04 | 95 | 88 | 80 | 100 |
| 2004/05 | 94 | 88 | 100 | 95 |
| 2005/06 | 89 | 89 | 0 | 100 |
| 2006/07 | 89 | 88 | 100 | 89 |
| Statutory Release | ||||
| 2002/03 | 3 | 7 | 0 | 0 |
| 2003/04 | 2 | 7 | 20 | 0 |
| 2004/05 | 4 | 8 | 0 | 5 |
| 2005/06 | 4 | 4 | 100 | 0 |
| 2006/07 | 8 | 8 | 0 | 5 |
| One Chance Statutory Release | ||||
| 2002/03 | 5 | 12 | 50 | 0 |
| 2003/04 | 3 | 5 | 0 | 0 |
| 2004/05 | 2 | 4 | 0 | 0 |
| 2005/06 | 7 | 7 | 0 | 0 |
| 2006/07 | 3 | 3 | 0 | 5 |
Schedule I- sex offenders are over-represented as a proportion of offenders referred for detention and detained compared to the other offender groups. In 2006/07, schedule I-sex offenders accounted for 38.4% of all offenders referred for detention and 38.4% of offenders detained, compared to their 14.1% proportion of the federal incarcerated population serving determinate sentences.
The number of offenders detained decreased last year for schedule I offenders with schedule I-non-sex offenders seeing the biggest decrease (
12). There were five schedule II offenders detained last year (
5 from the previous year) and the number of non-scheduled offenders detained remained unchanged at 17.
Table 95
| OUTCOME of INITIAL DETENTION REVIEWS by ABORIGINAL and RACE (%) |
|||||
| Aboriginal | Asian | Black | White | Other | |
| Detained | |||||
| 2002/03 | 85 | 100 | 84 | 86 | 88 |
| 2003/04 | 90 | 80 | 100 | 92 | 100 |
| 2004/05 | 92 | 100 | 96 | 91 | 60 |
| 2005/06 | 87 | 100 | 95 | 89 | 100 |
| 2006/07 | 94 | 100 | 93 | 85 | 80 |
| Statutory Release | |||||
| 2002/03 | 5 | 0 | 5 | 5 | 13 |
| 2003/04 | 6 | 20 | 0 | 4 | 0 |
| 2004/05 | 5 | 0 | 4 | 7 | 20 |
| 2005/06 | 5 | 0 | 5 | 4 | 0 |
| 2006/07 | 4 | 0 | 7 | 10 | 20 |
| One Chance Statutory Release | |||||
| 2002/03 | 10 | 0 | 11 | 9 | 0 |
| 2003/04 | 4 | 0 | 0 | 4 | 0 |
| 2004/05 | 3 | 0 | 0 | 3 | 25 |
| 2005/06 | 9 | 0 | 0 | 7 | 0 |
| 2006/07 | 1 | 0 | 0 | 6 | 0 |
Aboriginal offenders continue to be over-represented as a proportion of offenders referred for detention and detained compared to the other offender groups. In 2006/07, Aboriginal offenders accounted for 28.0% of all offenders referred for detention and 29.7% of offenders detained, compared to their 19.0% proportion of the federal incarcerated population serving determinate sentences. Black offenders were also over-represented but not to the same extent. Black offenders accounted for 12.0% of offenders referred for detention and 12.6% of offenders detained, while they represented 7.0% of the federal incarcerated population serving determinate sentences.
The number of Aboriginal and White offenders detained decreased last year, while the number of Asian and Black offenders detained increased.
Table 96
| OUTCOME of INITIAL DETENTION REVIEWS by GENDER (%) |
||
| Male | Female | |
| Detained | ||
| 2002/03 | 87 | 63 |
| 2003/04 | 92 | 0 |
| 2004/05 | 92 | 50 |
| 2005/06 | 89 | 100 |
| 2006/07 | 89 | 100 |
| Statutory Release | ||
| 2002/03 | 5 | 13 |
| 2003/04 | 4 | 0 |
| 2004/05 | 6 | 25 |
| 2005/06 | 4 | 0 |
| 2006/07 | 8 | 0 |
| One Chance Statutory Release | ||
| 2002/03 | 8 | 25 |
| 2003/04 | 4 | 0 |
| 2004/05 | 2 | 25 |
| 2005/06 | 7 | 0 |
| 2006/07 | 3 | 0 |
Over the last five years, only 17 female offenders have been referred for detention and 12 have been ordered detained.
Table 97
| INITIAL DETENTION RATES by REGION | ||||||||||||
| Year | Atlantic | Quebec | Ontario | Prairies | Pacific | Canada | ||||||
| # | % | # | % | # | % | # | % | # | % | # | % | |
| 1997/98 | 48/54 | 89 | 73/78 | 94 | 58/59 | 98 | 82/86 | 95 | 51/58 | 88 | 312/335 | 93 |
| 1998/99 | 24/32 | 75 | 44/49 | 90 | 45/47 | 96 | 70/72 | 97 | 51/56 | 91 | 234/256 | 91 |
| 1999/00 | 14/17 | 82 | 38/40 | 95 | 52/54 | 96 | 74/78 | 95 | 30/33 | 91 | 208/222 | 94 |
| 2000/01 | 31/32 | 97 | 41/43 | 95 | 53/55 | 96 | 46/51 | 90 | 43/47 | 91 | 214/228 | 94 |
| 2001/02 | 30/32 | 94 | 46/48 | 96 | 66/72 | 92 | 75/76 | 99 | 40/44 | 91 | 257/272 | 94 |
| 2002/03 | 19/23 | 83 | 53/59 | 90 | 67/82 | 82 | 68/79 | 86 | 38/41 | 93 | 245/284 | 86 |
| 2003/04 | 26/29 | 90 | 83/85 | 98 | 69/77 | 90 | 69/75 | 92 | 31/36 | 86 | 278/302 | 92 |
| 2004/05 | 28/30 | 93 | 51/53 | 96 | 68/76 | 89 | 50/57 | 88 | 26/29 | 90 | 223/245 | 91 |
| 2005/06 | 21/24 | 88 | 53/55 | 96 | 65/77 | 84 | 60/65 | 92 | 34/40 | 85 | 233/261 | 89 |
| 2006/07 | 16/22 | 73 | 71/73 | 97 | 55/64 | 86 | 54/55 | 98 | 26/36 | 72 | 222/250 | 89 |
| 10-Year Total | 257/295 | 87 | 553/583 | 95 | 598/663 | 90 | 648/694 | 93 | 370/420 | 88 | 2426/2655 | 91 |
The Atlantic region has had the lowest average detention rate over the last 10 years, while the Quebec region has had the highest.
Outcome of Annual and Subsequent Detention Reviews:
The CCRA specifies that offenders subject to a detention order are entitled to an annual review of their case to determine whether detention is still warranted. The following table provides information on reviews after the initial detention order.
Table 98
| OUTCOME of ANNUAL and SUBSEQUENT DETENTION REVIEWS | ||||||
| 2002/03 | 2003/04 | 2004/05 | 2005/06 | 2006/07 | 5-Yr Avg | |
| Total Subsequent Reviews | 348 | 359 | 353 | 343 | 323 | 345 |
| Detention Confirmed | 322 | 322 | 310 | 307 | 278 | 308 |
| Detention Confirmed Percentage | 93% | 90% | 88% | 90% | 86% | 89% |
The initial detention decision has been confirmed in 89% of annual and subsequent detention reviews for the last five years. This average is 1% less than the average detention rate for initial detention reviews during the same period.
26 The detention referral rate is the proportion of detention referrals to the number of offenders entitled to statutory release (i.e. reaching statutory release date) during a given period.
27 Offenders Entitled to Statutory Release = number of offenders released on statutory release + number of offenders detained.