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Creating a Federal Inmate Grievance Tribunal

NCJ Number
214807
Journal
Canadian Journal of Criminology and Criminal Justice Volume: 48 Issue: 2 Dated: April 2006 Pages: 287-303
Author(s)
Jeremy Patrick
Date Published
April 2006
Length
17 pages
Annotation
This article proposes the creation of a Federal Inmate Grievance Tribunal in Canada that will rule on the merits of selected grievances; key features of this tribunal are described.
Abstract
The author believes that a Federal inmate grievance tribunal is necessary in Canada because no other grievance mechanism or organization has yet succeeded in achieving and maintaining a correctional system that promotes human rights, civil liberties, and the rule of law. The tribunal should be independent and neutral, which requires that it not be dependent on either the Correctional Service of Canada (CSC) or the Office of the Correctional Investigator (OCI) for funding or administrative staff. Also, members of the tribunal should be chosen according to merit, not patronage, and tribunal decisions and rules of procedure should be in writing. Fixed timelines should operate throughout the system, and the tribunal must have the authority to issue binding, legally enforceable remedies for grievances upheld. The OCI should appear as a representative of the inmate's interests before the tribunal, but the OCI should continue to resolve as many complaints as possible through informal means. Further, given that the effectiveness of an inmate grievance tribunal cannot be ensured, access to the judicial system should not be impeded by a tribunal system. 6 notes and 26 references