Part 2: Provision of correctional services in Ontario

A. Overview of Correctional Services in Ontario

In Ontario, CS are provided by the province.

• Correctional services, Ministry of the Solicitor General (SOLGEN) (for adult custodial sentences below two years, persons remanded in custody awaiting trial and community dispositions less than three years). Note in serious cases, pre-trial custody (remand) for adults can exceed two years in provincial detention.
• Youth (12–17-year-olds) custodial oversight is provided by the Ministry of Children, Community and Social Services (MCCSS), governed by the Youth Criminal Justice Act.
• The Government of Canada - Correctional Services Canada (CSC) (for adult custodial sentences over two years)

Table 5: Structure of CS in Ontario (as reported during this review; numbers subject to change)

In the 25 provincial adult institutions in Ontario there are approximately 11,000 persons in the care, custody and control of the correctional system and their approximately 6,200 front-line employees. In the 122 SOLGEN-operated probation and parole offices as well as 100 reporting centres there are over 44,000 individuals under supervision. The hiring, training, introduction to work and working conditions vary across the different locations managed by the ministries and divisions.

Wellness initiatives, peer support programs, and organizational wellness initiatives are similar between federal and provincial jurisdictions but there are some differences. It is clearly recognized that there is a well-documented and committed organizational approach to improving the wellness of CSE. The introduction of the Warrior Health program for PSP in Ontario is a recently introduced initiative for CSE, and their families in Ontario.

The positions within CS for the Province of Ontario are:

1. correctional officers/youth service officers
2. administrative staff
3. management – various levels
4. probation and parole officers/youth probation officers
5. health care service providers
6. other supportive/service-related staff

The structure and interconnections of CSE in different positions as well as the educational and other processes are summarized in Figure 3 (refer to Appendix B3). This comprehensive graphic illustrates detailed information regarding CS in Ontario, (primarily relating to provincially run institutions, facilities and probation offices), and the life cycles of their employment, their requirements and the role of postvention processes.

B. Workplace Safety and Insurance Board

The Workplace Safety and Insurance Board (WSIB) provide wage, medical and other supports for workers to assist with recovery and return to work (if possible) after a work-related injury or illness. This service is engaged by both provincial and federally run institutions although there are differences between them in some of the specific processes. The presumptive legislation that exists for PSP with a diagnosis of PTSD for WSIB was discussed. The policy as listed on the WSIB website is as follows: “If a first responder or other designated worker is diagnosed with post-traumatic stress disorder (PTSD) and meets specific employment and diagnostic criteria, the first responder or other designated worker's PTSD is presumed to have arisen out of and in the course of their employment, unless the contrary is shown.” The Ontario Government created an act to incorporate this PTSD-related legislation: Supporting Ontario's First Responders Act (Posttraumatic Stress Disorder), 2016, S.O. 2016, c. 4 - Bill 163.

Data provided from WSIB regarding mental stress injury claims for correctional officers/correctional service officers between 2016 and 2024 reported over 3,000 mental stress injury claims were registered for correctional officers, with an average of over 350 claims per year:

• With PTSD legislation (2016) and Chronic Mental Stress policy (2018) the number of annual mental stress injury claims increased significantly between 2016 and 2018 and since remains relatively constant.
• Since the PTSD policy, approximately two thirds of correctional officer’s claims were registered as PTSD in first responder claims (58-69% annually), one third traumatic mental stress (TMS) claims (23-40%) and a small number of chronic mental stress (CMS) claims (1-9%).
• Between 2016 and 2024, more than 70% of all registered claims were allowed and 12% were pending further information/investigation.

It was reported during this review that some of the claims adjudicated under the Chronic Mental Stress Policy and the Traumatic Mental Stress Policy (for all professions) were either denied, withdrawn, or failed to provide the required information. The allowance rate under the Chronic Mental Stress Policy, given the higher threshold criteria, was lower than the Traumatic Mental Stress Policy. For claims adjudicated under the Post-traumatic Stress Disorder Policy it was reported that many of the claims were allowed for all professions.

Several comments were reiterated by many of the participants regarding the importance and challenges with respect to WSIB and the supports provided to CSE. These included:

• Challenges in the WSIB application process and involvement of workplace/supervisors being notified and involved in the adjudication process. It was stated that several people do not apply due to this concern.
• Not all CSE are covered by current legislation as it only covers correctional officers, operational managers, probation and parole officers and managers, and youth services employees working in secure custody/secure temporary detention facilities. Others would still be able to submit a claim to be adjudicated under the traumatic or chronic mental stress category.
• Enhanced supports for the WSIB system (staffing, resources, criteria change) to continue to provide the variety of resources to those receiving its supports. This included the improvement of culturally competent trauma-informed care provision as well as trauma informed training that is currently being developed. WSIB reported that their frontline staff in the mental stress injury-related program area receive cultural competency training to enhance support to PSP.
• Although there is no exclusion clause if employee action/disciplinary process existed prior to PTSD diagnosis the inclusion of this information by many employers was felt to be a significant challenge.
• Considering only PTSD and no other mental health-related diagnostics was felt by most to be a challenge that could be addressed even though these may be considered under the traumatic/chronic mental stress policies.
• Families commented on the lack of awareness to report a death by suicide of CSE to WSIB, even if no previous claim while employed.
• Provision of services by WSIB that included access to specialty clinics, occupational resources and re-integration and retraining process was felt to be quite beneficial and should be considered for other CSE who may not have been accepted or not applied for WSIB.
• Integrating training of staff in the application process and criteria, as well as resources available and criteria for acceptance should be considered.

C. Short term/long term disability leave or administrative leave

The review heard that communication with staff while on leave/absent from the workplace, was not adequate within a context of the importance of consensual communications focused on the CSE’s well-being, information sharing and possible return-to-work-related processes. Benefit would likely be achieved with development of “leave-of-absence” packages to ensure an accepted, consent-driven, process of information sharing regarding absence and the pathway to return-to-work. MCCSS has launched a “Leave of Absence/Away from the Workplace package,” last year and is currently working on a “Return to the Workplace package”.

D. Postvention processes

Postvention includes all the actions that are carried out to help those impacted recover and/or heal while preventing any further negative outcomes. The postvention toolkit for a military suicide loss document produced by the US Department of Defense developed this definition and outlines who is impacted by the death (directly or indirectly through knowledge of the death), the impacts of a suicide-related loss as well as the goals of postvention. A report by Bowen et al. described that over 50% of people in society are exposed to a suicide in their lifetime and an average of 135 people are impacted directly by a specific death by suicide. The grieving processes for those impacted by a CSE-related suicide may be further impacted by the processes within CS after a death occurs, as well as the death investigation system processes. The need for appropriate postvention services and formal policies are reflected in the recommendations.