State of the Criminal Justice System Methodology Report

Annex B – State of the Criminal Justice System Data Gaps

It is expected that the Framework will change over time as more data becomes available. Not all relevant performance indicators are currently available or collected at a national level. Some indicators are available, but require further consultation and discussion before being incorporated into the Framework. Thirty-eight additional indicators or areas have been identified as important for monitoring and reporting on performance.

These additional indicators and areas for future data development signal that core information about the performance of the criminal justice system is missing, which limits the ability to fully understand the state of the criminal justice system. The additional indicators and areas are noted below by theme.

Canadians are safe and individuals and families feel safe

An indicator could include the number of community safety plans developed by Indigenous communities.

An area for future data development could include crime prevention.

The criminal justice system is fair and accessible to everyone

Indicators could include the number of individuals who self-reported discrimination by police and courts, the number of self-represented accused, and the number of successful Charter challenges.

Areas for future data development could include complaints against the criminal justice system and administrative segregation. Although data on the median number of days in administrative segregation currently exist at the federal level, more consultation and engagement activities are needed to develop an appropriate performance monitoring and reporting indicator that speaks to fairness and accessibility of the criminal justice system.

Canadians understand the role of and express confidence in the criminal justice system

Indicators could include public perception that the courts are doing a good job of providing justice quickly and public confidence in correctional services.

The criminal justice system operates efficiently

Indicators could include the number of cases using video technology and the time spent in pre-trial detention/remand.

Areas for future data development could include court cases stayed due to systemic delays and CJS costs.

The criminal justice system promotes and supports diversion, restorative justice, Indigenous justice, and tools for community-based resolution

An indicator could include the number of Indigenous Justice Program referrals.

Areas for future data development could include restorative justice programs/processes (e.g., participant satisfaction and the number referrals) and specialized/therapeutic courts (e.g., referrals to mental health/Gladue/Indigenous/wellness courts).

The criminal justice system provides persons in the correctional system with services and supports to rehabilitate them and integrate them back into the community

Indicators could include the number of deaths by suicide in federal custody, the number of revoked provincial/territorial correctional supervision, and the number of granted record suspension/pardon applications.

Areas for future data development could include mental health beds/forensic psychiatric services, culturally based programming (e.g., healing lodges), and recidivism rates.Footnote 22

The criminal justice system respects victims’ and survivors’ rights and addresses their needs

Indicators could include victims’ perception that their security and privacy was considered during the criminal justice system process, the number of victims who requested victim services and were assisted, the number of complaints received through the Canadian Victims Bill of Rights that were assessed/acted upon, the number of victim impact statements submitted for consideration to a parole hearing, and the number of victims who attend a Parole Board of Canada hearing.

Areas for future data development could include criminal injuries compensation programs and financial benefits programs, victims’ satisfaction with the criminal justice system, victim service agencies offering specialized programs or services for victims with particular needs, and restitution orders.

The criminal justice system reduces the number of Indigenous people in the system

Indicators could include the number of unresolved cases of missing Indigenous women and girls, the number of unsolved homicides involving Indigenous women and girls as victims, and the relative rate index of Indigenous people in the criminal court system.

An area for future development could include Gladue reports.

The criminal justice system reduces the number of marginalized and vulnerable people in the system

Indicators could include the number of police-reported homicides where the accused is suspected of having a mental or cognitive disorder, and the relative rate index of visible minority groups in the criminal court system.

Going forward, the Department will be liaising with data holders to prioritize and further develop these indicators.