r v. BELLA JAMIE OTTEREYES, 2021 QCCQ 13163

R. c. Ottereyes 2021 QCCQ 13163 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI LOCALITY OF WASWANIPI « Criminal and Penal Division » No: 614-01-002364-186; 614-01-003274-194; 614-01-003347-206 DATE: December 14, 2021 ______________________________________________________________________ BY THE HONOURABLE JACQUES LADOUCEUR, J.C.Q. ______________________________________________________________________ THE QUEEN Prosecutor v.

BELLA JAMIE OTTEREYES Accused ______________________________________________________________________ SENTENCING JUDGMENT ______________________________________________________________________ 1. CONTEXT [ 1 ] The accused pleaded guilty to charges related namely to drug trafficking as it appears in the details of the infractions and the facts in the following paragraphs. [ 2 ] First, in file 614-01-002364-186 : 2.

Between March 5, 2018, and March 12, 2018, in Mistissini, district of Abitibi, did have in her possession for the purposes of trafficking Methamphetamines, committing thereby the indictable offence provided by section 5(2)(3)

a) of the Controlled Drugs and Substances Act. [ 3 ] The parties agreed on the following facts : [ 4 ] In March 2018, Mistissini Detachment of Eeyou Eenou Police Force launched an investigation after receiving numerous complains about the accused selling drugs in the community of Mistissini. [ 5 ] A telewarrant was granted for the address of 251 Awashish Drive in Mistissini and executed at 7:39 on March 12, 2018.

It was Niyaan Cooper’s residence, a friend of the accused that invited her to stay with him in his house. [ 6 ] During the execution of the warrant, the accused was inside the house in a room with Julius Awashish. [ 7 ] At 10:24, the accused was arrested for possession of controlled substance for the purpose of trafficking after the officers discovered white formed pills substance in the residence alleged to be speed. [ 8 ] At 11:09, an officer counted 25 dime bags with 3 white formed pills substance in it, for a total of 75 white formed pills substance.

The drugs were located in the night stand beside a bed and were very visible once the drawer was opened. Three (3) pills were sent for analysis and had been confirmed to be methamphetamine. [ 9 ] Also, in file 614-41-003274-194 : 1. Between October 1, 2019, an November 20, 2019, in Waswanipi, district of Abitibi, did have in her possession for the purposes of trafficking Cocaine, committing thereby the indictable offence provided by section 5(2)(3)

a) of the Controlled Drugs and Substances Act. 2. Between October 1, 2019, and November 20, 2019, in Waswanipi, district of Abitibi, did have in her possession for the purposes of trafficking Methamphetamines, committing thereby the indictable offence provided by section 5(2)(3)

a) of the Controlled Drugs and Substances Act. [ 10 ] The parties agreed on the following facts : [ 11 ] In 2019, Waswanipi Detachment of Eeyou Eenou Police Force launched an investigation after receiving numerous complains about the accused selling drugs in the community of Waswanipi. [ 12 ] A search telewarrant was obtained for the address of 24 Jackpin Street in Waswanipi and executed at 2:06 on November 20,

2019. [ 13 ] During the execution of the warrant, the respondent was inside the house in a room with John Arlo Sharl. [ 14 ] Later on, the accused was arrested for possession of controlled substance for the purpose of trafficking after the officers found one speed pill on plain view in the room she was in and marijuana spotted and located in a purse in that same room. [ 15 ] During the search, the officers also discovered white formed pills in the accused’s boot. [ 16 ] At the end, the police seized a total of 287 speed pills (methamphetamines), which it was all tested positive by the field narc tester kit.

One baggie containing sample pills was sent for analysis and had been confirmed to be methamphetamine. [ 17 ] Finally, in file 614-01-003347-206 : 1. On or about January 5, 2020, in Waswanipi, district of Abitibi, did have in his possession methamphetamines, committing thereby the indictable offence provided by section 4(1)(3)

a) of the Controlled Drugs and Substances Act. 2. On or about January 5, 2020, in Waswanipi, district of Abitibi, being at large on a release order, did fall, without lawful excuse, to comply with a condition of that release order other than the condition to attend court, to wit not communicate or attempt to communicate in any way with John Arlo Sharl, except in the presence of my attorney to prepare the case committing thereby the indictable offence provided by section 145(5)

a) of the Criminal Code . 3. On or about January 5, 2020, in Waswanipi, district of Abitibi, being at large on a release order, did fail, without lawful excuse, to comply with a condition of that release order other than the condition to attend court, to wit not drink any alcoholic beverages committing thereby the indictable offence provided by section 145(5)

a) of the Criminal Code . 4. On or about January 5, 2020, in Waswanipi, district of Abitibi, being at large on a release order, did fall, without lawful excuse, to comply with a condition of that release order other than the condition to attend court, to wit not possess or use narcotics or drugs, except in accordance with a validly obtained medical prescription committing thereby the indictable offence provided by section 145(5)

a) of the Criminal Code . 5. On or about Januaray 5, 2020, in Waswanipi, district of Abitibi, being at large on a release order, did fall, without lawful excuse, to comply with a condition of that release order other than the condition to attend court, to wit not be in the presence of people who use or sell drugs committing thereby the indictable offence provided by section 145(5)

a) of the Criminal Code . [ 18 ] The parties agreed on the following facts: [ 19 ] At approximately 10:15 PM on January 5, 2020, Waswanipi Police Force received a call from an unidentified woman saying that John Gull called her saying John Arlo Sharl was getting mad, freaking out and yelling at the house of 57 Tamarack Street. [ 20 ] At approximately 10:20 PM, as soon as the officers arrived at the address, they noticed a person from the living room window getting up and moving quickly away from the said window. [ 21 ] John Gull nervously opened the front door and told the police that everything was okay now and that his son had just got into a fight with his woman earlier. [ 22 ] The officers informed John Gull that they had to enter into the house to check on the people inside since they had received an emergency call at this address.

John Gull let them in. [ 23 ] Once entered into the house, the Police noticed that John Arlo Sharl was intoxicated from his slurred speech, glossy eyes and alcohol odour coming from his breath. John Arlo Sharl was under condition, which one was not to consume alcohol, so he was put under arrest at 10:22 PM; [ 24 ] The accused then broke the conditions on an undertaking which were not to communicate with John Arlo Sharl and was placed under arrest. [ 25 ] At 10:39 PM, the accused was brought into the police station and the officers found 1000$ Canadian money inside the left pocket of her plad shirt.

A clear baggie also fell from her bra containing 3 white pills suspected to be methamphetamine. [ 26 ] The accused finally took out of her bra from using her hands a phone charger and a total of 120$ canadian money. She was then on put under arrest for possession for the purpose of trafficking. [ 27 ] The Crown asks for an 18 months period of imprisonment followed by a supervised probation order of 2 years with the condition regarding a follow-up for her emotional problems and alcohol and drugs consumption abuse.

The Crown also asks a condition to prohibit her from communicating directly or indirectly with John Arlo Sharl. [ 28 ] The accused submits that a 90 days period of imprisonment followed by a probation order of 3 years including 2 years of supervised probation including 240 hours of community works and a donation of 500 $ to the Women's Shelter would be an appropriate sentence. 2. AGGRAVATING FACTORS AND MITIGATING FACTORS

[ 29 ] The aggravating factors are the following: • Those are serious offences, punishable by life imprisonment; • The nature of the substances is hard drugs; • The crimes have been committed in a small community of aboriginal people; • The quantity of drugs (365 pills) and the amount of money are not negligible; • The infractions have been committed on repetitive way on three periods of time (but for a short period of time). [ 30 ] The mitigating factors are the following: • The accused does not have previous conviction; • She pleaded guilty to the offences; • She participated in a six weeks program for substances abuse; • She is completely sober since January 2020. 3.

GLADUE REPORT [ 31 ] A Gladue report has been prepared on June 7, 2021. In that report, we learn about a lot of Gladue factors in the life of the accused. [ 32 ] When she was young, there were times when the family was practically homeless. Also, she experiences a lot of racism when grew up in Ontario where she recalls feeling the effect of poverty. [ 33 ] During her childhood, while the family was living in Matagami, she was sent to a residential school in Brantford in Ontario for 4 years, started at 6 years old.

She was away from her parents for 10 months and only returning for 2 months at the time and she never went home for holidays since the school was far from home. It was really strict and they were not allowed to talk their own native language. Also, she recalls experiencing physical abuse from the counselors. [ 34 ] At the age of 10 she was sent to the residential school of La Tuque where she was able to talk her language and was allowed to see her brothers and siblings.

But she reports experiencing a lot of racism while she was attending school. [ 35 ] The accused recalls experience with poor housing when she lives in Brantford where she and her family lived in a one-bedroom apartment.

She remembers her mom who has to boil water for her baths. [ 36 ] She also experiences abuse in different forms while she was young and more specifically she experience sexual abuse at least two times. [ 37 ] Her mother didn’t believe her until she attempted suicide. [ 38 ] She also spent time in the foster care system and was also sent to three different foster home. [ 39 ] She managed to do great in school but her academic life became affected, she began to consume alcohol. [ 40 ] She also consumed a lot of drugs. [ 41 ] She experiences frequent episodes of physical violence perpetrated by her ex-boyfriend including when she was pregnant with their girls. [ 42 ] Because of her alcohol and drugs consumption problem, she started to lose her kids and they ended up in youth protection. [ 43 ] Concerning her attitude toward the current offences the accused explained to the Gladue writer that she did not want to have here children to go through the same experiences she did with poverty since they have no help from her dad and she does not want to always depend on her mom. [ 44 ] In the

summary and recommendations part of the report, the Gladue writer wrote: Bella is a survivor of many traumatic events in her lifetime, including sexual assault, physical abuse, a controlling partner, the death of a childhood friend, and she has suffered from chronic stressors for extended periods of time in her life owing to poverty and racism. 4. THE PRESENTENCE REPORT [ 45 ] This report has been prepared on November 16, 2020. In that report we can read the following: We are facing a young lady whose social history had an important impact on her well-being and her life stability.

The feeling of rejection, the violence and the traumas she has been through had affected her low self-esteem. Growing up in a precarious environment,

she learned to cope with her personal issues and negative emotions mostly by carrying the blows by herself, making it even more difficult to solve a problem by using socially acceptable means. Ms. Ottereyes do not have the tools to overcome the sadness and frustration that she carries. In response to the overwhelming negative emotions, she would turn to alcohol and drugs to numb these feelings. Also, putting herself on welfare had a major impact, as she developed an idleness way of life involving substance abuse.

In fact, there seems to be a correlation between her idleness and her criminality. [ 46 ] The writer evaluate the risk of reoffending is moderate and that the risk could significantly be reduced by participating to various services to deal with her problems. 5.

ANALYSIS AND APPROPRIATE SENTENCE [ 47 ] The objectives of sentencing are denunciation, individual and collective deterrence, the separation of offenders from society where necessary, rehabilitation, reparations for harm done to victims and to the community, and the promotion of a sense of responsibility in offenders, in particular through the acknowledgement of the harm they have caused. [1] [ 48 ]

Section 718.2 Cr. C . sets out the principles of sentencing. The fundamental principle in

section 718.1 Cr. C . states that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. [ 49 ] Without setting aside the other principles of sentencing, the Court notes the importance of the principle in

section 718.2(

e) Cr. C . whereby, in cases involving Aboriginal offenders, consideration should be given to all available sanctions other than imprisonment that are reasonable in the circumstances and consistent with the harm done to victims or to the community. This principle, as it relates to Aboriginal offenders, is subsumed to a certain extent by the fundamental principle in

section 718.1 Cr. C . because it concerns the moral blameworthiness (or responsibility) of the accused. [ translation ] 160. More specifically concerning the sentencing process, it must take into account the gravity of the offence, the degree of responsibility of the offender, and the unique circumstances of Aboriginal offenders . The result: [ translation ] “Some traditional functions of sentencing that are particularly valued in Western societies must yield to the objective of corrective justice, which is favoured by most Aboriginal communities”.

To be “just”, a sentence must not merely correspond to the gravity of the offence and the degree of responsibility of the offender, but also to the unique circumstances of Aboriginal offenders , first on the list of which are traditional conceptions of sentencing that emphasize “the healing and restoration of both the victim and the offender”. [2] [Underlining and bold added] [ 50 ]

Section 718.2(

e) Cr. C. is therefore of fundamental importance to the sentencing of an Aboriginal offender. It must be manifested concretely in the sentence that is imposed, because of the high value accorded to this principle and the dramatic overrepresentation of Aboriginal offenders in prisons.

As Justice Lortie, J.C.Q. stated in Awashish , [ translation ] “ specific attention must be paid to Aboriginal offenders ”. [3] [Emphasis added] [ 51 ] Recently in Denis-Damée , the Court of Appeal faulted the trial judge for emphasizing the significant gravity of the offence in order to find that the Aboriginal offender had a high degree of responsibility.

Thus, the judge [ translation ] “completely failed to make the connection between the systemic and background factors and ... moral culpability”. [4] Doing so means limiting oneself to [ translation ] “the relationship between the gravity of the offence and the degree of moral blameworthiness, without considering the Indigenous context inherent to the systemic and background factors.” [5] [ 52 ] The Court of Appeal noted the exponential spike in the statistics regarding imprisoned Aboriginal offenders: [ translation ] [95] In Ipeelee , LeBel J. referred to the statistics establishing that the overrepresentation of Indigenous offender in the criminal justice system has only increased in recent decades and is worse than ever.

In 1999, Indigenous persons made up 12% of all federal admissions, while in 2005, they accounted for 17% of Canadian inmates . [96] In 2015, Indigenous inmates represented 24.4% of the total federal custody population.

In the ten year period between 2005 and 2015, the Aboriginal inmate population increased by more than 50% . (A nnual Report of the Office of the Correctional Investigator 2014- 2015, Government of Canada, at 36 .) [Emphasis added] [ 53 ] Currently, this proportion has reached 30% in both penitentiaries and provincial prisons. [6] [ 54 ] The Court of Appeal continued: [translation] [97] The situation of incarcerated Indigenous women should also be noted, as it is even more troubling than that of Indigenous men .

Over the same period, from 2005 to 2015, the number of Indigenous women inmates has doubled, with Indigenous women representing 35.5% of all federally sentenced women inmates. In 2016-2017, they represented 37% of all federally sentenced women inmates [98] In other words, Indigenous women are even more overrepresented in penitentiaries than are Indigenous men. [Emphasis added]

[ 55 ] According to the Office of the Correctional Investigator of Canada, “the numbers are even more troubling for Indigenous women, who now account for 42% of the women inmate population in Canada.” [7] [ 56 ] The Court notes that the accused, as an Aboriginal woman, had been victim of violence as it has been discussed in The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls , Ottawa, 2019. [ 57 ] In a recent judgment, the Honourable France Thibeault, J.C.A., “note from these sources [8] that Aboriginal women are doubly affected by the colonial policies and systemic discrimination that Aboriginal people have faced for decades”. [9] [ 58 ] The Supreme Court in R. v.

Pham [10] and the Court of Appeal in Costa v. R . [11] state that the Court must also consider the significant collateral consequences of incarceration on an accused and the accused’s family. [12] [ 59 ] Recently in Ibrahim c. R ., [13] the Court of Appeal of Quebec stated that [ translation ] “judges must evaluate whether it is possible, as a result of collateral consequences, that an offender is no longer like the others, rendering a given sentence unfit”. [14] Later, in R . c .

Lefrançois [15] , it wrote that [ translation ] “the collateral consequences of a sentence therefore include all its effects on the offender in question” (Emphasis added) . [16] Obviously, since a prison sentence by its very nature has significant consequences on an offender, the impact on the offender must be greater because of his or her circumstances for it to be considered. [17] [ 60 ] It is easy to imagine the various effects for a Cree person and particularly a woman serving a sentence in prison out of her community, probably at Établissement de détention Leclerc de Laval. [ 61 ] So, the personal situation and the individualization of the sentence to be imposed on the accused Ottereyes must take into account a fundamental and very important characteristic: she is Aboriginal . [ 62 ] The Court must necessarily consider this reality when assessing the collateral effects of the sentence.

Moreover, the Court is of the view that Gladue also justifies taking it into account when it states that s. 718.2(

e) Cr. C . requires judges to approach sentencing differently because of the specific situation of Aboriginal people. [18] This must be done with the aim of considering the consequences of a prison sentence on an Aboriginal accused, so as to determine whether such a sentence is appropriate or whether an available sanction other than imprisonment is more suitable. [ 63 ] Into 2008, Justice Turnbull of the Ontario Superior Court wrote the following: [18] I do not consider it adequate for a court to simply say that R. v. Gladue has been taken into consideration.

The parties are entitled to know what has been considered, how it has been applied and the reasons for such application.

Otherwise, the courts will just be considered to be giving “lip service” to the recognition of the unique circumstances of Aboriginal offenders which our Supreme Court has clearly indicated is not acceptable in Canada . [19] [Emphasis added] [ 64 ] In addition, the Court’s obligation under s. 718.2( d ), whereby an offender should not be deprived of liberty if less restrictive sanctions are available, must not be forgotten. [ 65 ] The accused attorney underlined that her client has been detained for a period of 52 days – which is equivalent to 89 days with a ratio of 1.5 – and that it was a wake up call for her. [ 66 ] The Court now refers to a few sentencing decisions for narcotics trafficking offences concerning Aboriginal offenders, where suspended sentence were ordered. • R . v .

Geddes , 2018 BCSC 132 [ 67 ] The accused was a 33-year-old Métis man who sold cocaine and heroin to an undercover police officer on five occasions. The accused himself had substance abuse problems at the time of the offences, but he stopped using three years before the sentence was handed down.

He renewed his relationships with the elders in his community. [ 68 ] Several Gladue factors were identified in relation to the accused. [ 69 ] According to the judge, “to impose a prison sentence in these particular circumstances would, in fact, undermine the public confidence in our justice system.” [20] [ 70 ] Finally, a two-year suspended sentence was imposed, with probation including 225 hours of community service to be completed, whenever possible, for the benefit of those suffering the effects of drug addiction in the Métis community. • R . v.

McGill , 2016 ONCJ 138 [ 71 ] The accused, a 40-year-old Aboriginal man, father to an 8-year-old child, was found in possession of 300 grams of cocaine (including 167 grams of crack) and $3,000 in cash. He pleaded guilty to a charge of trafficking. [ 72 ] He had had a difficult childhood. At the time of sentencing, he had begun rehabilitation. [ 73 ] A suspended sentence of 30 months, including 6 months of curfew, was imposed. No community work was ordered. • R . v .

Voss , 2014 BCPC 43 [ 74 ] The accused, a 29-year-old Aboriginal man who had a troubled childhood and who was struggling with substance abuse issues, was charged with possession of drugs for the purpose of trafficking. The drugs seized were 22 grams of cocaine and 56 grams of crack.

The accused had no criminal record, and he took steps to address his problems. The Court imposed a sentence of 30 months of probation, with the obligation to perform 80 hours of community service and to participate in specific programs. A 15-month curfew was also imposed. [ 75 ] Obviously, several aspects of these judgments are similar to the case before us, while others can be distinguished. Here the Court emphasizes that the accused did not commit the offence to meet her own needs in a situation of drug addiction.

Although this point does not weigh in her favour, the fact nevertheless remains that a consideration of the circumstances – that is, the gravity of the offence, the degree of responsibility of the accused, and the unique circumstances of the Aboriginal offender – do weigh in favour of a suspended sentence. The accused’s life has been harrowing because of circumstances directly related to her status as an Aboriginal person and due to systemic and background factors. [ 76 ] A suspended sentence is possible only if the Court does not order imprisonment or a fine.

Put simply, a single day of imprisonment or a fine of a single dollar would rule out a suspended sentence. [ 77 ] In Harbour c. R ., [21] Vauclair J.A. stated the following: [ translation ] [88] Moreover, a suspended sentence must be accompanied by a probation order that may last up to three years. In R. c. Brunet , 2016 QCCA 2059 , this Court noted that a suspended sentence ordered under s. 731(1)(

a) Cr. C . includes a mechanism whereby the suspension may be revoked at the request of the Crown if the offender commits a new offence, including a failure to comply with the probation order within the meaning of s. 733.1 Cr. C ., and any sentence that could have been imposed if the passing of sentence had not been suspended may now be imposed: s. 732.2(5) Cr. C .

It is an effective measure . [Emphasis added] [ 78 ] Before that, with regard to denunciation and general deterrence, Vauclair J.A. wrote: [ translation ] [83] Moreover, I note that denunciation and general deterrence are vague objectives that can quickly lead to disproportionate sentences if they are not weighted with care .

While recognizing their general usefulness, the Court has on more than one occasion noted the uncertain and limited nature of the objective of general deterrence. [Emphasis added] [ 79 ] Finally, he stated the following (in connection with a discharge sentence): [ translation ] [91] A discharge under s. 730 Cr. C. is applicable in the case of any offence except one subject to a minimum sentence or punishable by fourteen years or more of imprisonment, and it is in no way an exceptional measure. ... [92] The measure is even possible when the crime can be characterized as a “scourge”.

I readily adopt as my own the remarks of the Honourable Judge Rothman in R. v. Moreau [22] , whereby even when the crime is highly prevalent in the community, general deterrence is merely one concern and each case must be examined on its own merits. [Emphasis added] [ 80 ] The Court finds that these remarks are also relevant to suspended sentences. [ 81 ] Also, in R. c.

Bercier , the Court of Appeal of Québec notes that a suspended sentence [ translation ] “is consistent with the philosophy of restorative justice”. [23] [ 82 ] The accused also produces a tenant lease agreement for the period of July 1, 2021, to July 1, 2022. [ 83 ] Her lawyer submits to the Court that if her client is sent to jail for a long period of time that she will lose that house which could have a very bad impact on her situation. [ 84 ] The Court considers taking into account all the facts, the Gladue report, the presentence report, the aggravating factors, the mitigating factors, the Gladue principles and the collateral consequences of the period of detention already served with the previous custody, that a suspended sentence with a probation order of 3 years would fulfill all the purposes and principles of sentencing. [ 85 ] Also, since one of the compulsory conditions of a probation order is that an offender has to appear before the court when required to do by the court, the accused will have to appear in court at the beginning of June 2022 to verify if she fulfilled her obligations.

FOR THOSE MOTIVES, THE COURT: [ 86 ] SUSPENDS the passing of the sentence; [ 87 ] IMPOSES a probation order for a duration of three (3) years with the following conditions :

• Keep the peace and be of good behaviour; • Appear before the court when required to do so by the court; • Notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupation; • Report or communicate with a probation officer within three (3) working days and thereafter, when required by the probation officer and in the manner directed by the probation officer for the first two (2) years; • Report to the Justice Committee of Waswanipi within three (3) working days and thereafter, when required by the Justice Committee and in the manner directed by the Justice Committee for the first two (2) years; • Follow all the instructions and recommendations of the probation officer and the Justice Committee, including therapy if necessary, to treat your substance abuse, alcohol and past trauma problems and follow all the instructions of the probation officer or the Justice Committee regarding your registration to such program; • Refrain from having in your possession and/or using drugs (including cannabis) or other intoxicating substances except in accordance with a validly obtained medical prescription; • Make a donation of 500 $ for the benefit of the Women Shelter of Waswanipi and depose that amount of money at the clerk of the Court of Québec in Amos in a maximum delay of six (6) months; • Perform two hundred and forty (240) hours of community service within a maximum delay of eighteen (18) months; • Under the supervision of the Justice Committee, write a letter of apologies to the community of Waswanipi regarding the offences that have been committed and, with the help and under the supervision of the Justice Committee, send the said letter in accordance with the terms determined by the Justice Committee (letter to the Band Council and/or publication of the letter in the newspaper “the Nation” or any other way) within no more than six (6) months; • Recommends that community service be done with an organization that helps people (Indigenous people if possible) with drugs and/or alcohol addiction problems; • Appear before the court at the courthouse of Waswanipi on June 1, 2022 at 10:00. [ 88 ] ORDERS the confiscation and destruction of all drugs and items seized; [ 89 ] ORDERS the confiscation and forfeiture of the money seized for the benefit of the Attorney General of Québec; [ 90 ] PROHIBITS the accused of possessing any firearms, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition an explosive substance for a period of ten (10) years. __________________________________ JACQUES LADOUCEUR, J.C.Q.

M e Catherine Houle Attorney for the prosecutor M e Fanny Wylde Attorney for the accused Date of hearing: August 9, 2021 [6] Office of the Correctional Investigator: Indigenous People in Federal Custody Surpasses 30% – Correctional Investigator Issues Statement and Challenge , https://bit.ly/3gHf1Sz. The 30% in provincialprisons is based on 2018 statistics: Adult and youth correctional statistics in Canada, 2016-2017 , updated 19 June 2018, Statistics Canada, at 5 https://bit.ly/3hUC11g.