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6. 
 
With the complimeuts of the Prisoners' Aitl Atisociation 0/ Canada, 
 
 THE 
 
 Dominion Governinent and Prison Reform 
 
 
 i 
 
 III vi<'\v of tli<> f:ict (lull tlio Prison<>i's^ Ai«l A%SAociatinii 
 of Cauada i*i avklu;^ tli<> B)oiiiiin4»ii <H4>vorii)iieiit to lake 
 lip tli<; qii«>stioa ol |>i-i«toii rff4»riii iliii-iiiK: tti** pi-c^rnt 
 s<;««sioii tit I'ai'i^atiK'nt, aii<l is also askiii;; lor an siiiiiiiai 
 ;;i-aiit to caii'y 011 its «»|>i'i*a(ioiis iiiore offici<')uti.v^ llic 
 f'olU»\viiiu liM'iMtiii'e on fii«' siil»i4'«;t is coiiiiii«>ii<i<-4i to tli« 
 favoral»i<> coiisi4i<>ratioii, not only ot oiii* legislators, but 
 also (»(' all true patriots. 
 
 (1) [Frojn the report of the Prison Ileforni Oonferenoo, held in 
 Toronto, in November, 1S91, composed of deU^gates from all the 
 Cliurcht's and from thirty-two other pul>lio bodies.] 
 
 Thk Pardonixo Power. 
 
 "That in the opinion of this Conference, the conflietion of, authority 
 between the l)>)mhiion and the Fcovinciil (iovoinnients respecting the pardoning 
 pi)wer, sij f;ir ua relates to youths eonnnitted to t!ie Refuge and Rcfornuitoriea 
 of Ontario, is fianght witli tlie most seiious consequences in the reuLimation of 
 the youth-i in such in-,titutions. 
 
 " And wlieicas tlie Pnjvincial Government has full executive control over 
 the various Kefiiges, ReForniutories, and Industrial schools for tlie custody and 
 care of youths who liave comniitted oHences against tlie law of tlie Dominion, 
 or of the J'rovincc ; such youtlis, wliile inmaies of these institutions, heing 
 directly nndor ths supervision and inspection of oliicers apjiuinted by the 
 Provincial (.lovcrnnient, who from the exerci^se of such constant Bupervialon, 
 are best qualitied to ju<lge as to how and when the pardoning, conuunting, or 
 remitting autlioiity shrnild he exercised ; this Conteience very strongly concurs 
 in the reconunendation of the I'risoii Riiform •Jonunissioners, as set ont in their 
 Report to tlie (Ontario (jovernnierit and to t)ic following ellect : 
 
 " That snch rhnnric^ he, made, in /In' Jhniinion./nirs as maij he found vecesi^ary 
 to confer 011 the Prorindal Oorcnnniid niul its ajfichrx alt n'quisife uuthority to 
 jmrdoii, painlp, apprentice, board out, and (jeib'ridlij deal icilh and txerc'^e control 
 overall children and yonthasentevccd or committe.dto, or placed in the Refeirinatory 
 for Imyx, flie liefwje or I'e forma tor;/ for ijirls, and the Industrial Schools of the 
 Produce, whether such hoijs and (/iris hare litc.n si>n'enc.ed or committed to, or 
 placed in meh institutions nmler the, prorisions of Dominion or Provincial kua : 
 
 *' Therefore, he it resolved, that a delegation, composed of gentlemen to be 
 nominated l)y the Prisoners' Aid Asaoeiatiou, he appointed to wait upon the 
 Hon. Sir .Folin Thompson, Minister of Justico of the Dominion of Canada, 
 to reapeotfuUy present the views of this Conference, with the objct:t of rcmedyiug 
 the serious defects now existing," 
 
 y^v-TT./^ y 9 ^ ^ 
 
Young Criminals — First Offkndeks. 
 
 " That this Conference is fully alive to the frightful evi'.d necessarily 
 resulting from the association of youthful offenders with the most depraved and 
 hardened criminals in the Central Prison, and in the Kingston and other 
 Penitentiaries in the Dominion, and cordially concurs in the recommendation of 
 the Prison Commissioners (as contained in clauses 28, 29 and 31 of their report) 
 in regard to tlie necessity for the establishment of a special reformatory for 
 young men between the ages of sixteen and tliirty, and that this Conference 
 recommends that the subject be brought under the notice of the Federal 
 (iuvernmeiit, with a view to the necessary steps being taken for the establish- 
 ment of such institution ; and that the Committee already appointed by this 
 Conference be hereby authorized to submit this matter to the Hon. the Minister 
 of Justice. 
 
 (28). With a view to orcrcominij the evil, and in many ca^nn fatal, results of 
 associating yonmj men who h'lm been convicted of a first ftlony or serious misde- 
 meanor, with the most depraved, and hardened criminals in the Central Prison, 
 Kingston Penitentiary, and the other penitentiaries of the Dominion, it is iirgentlrf 
 recommendtil that the strongest pressure be brought to bear on the Dominion 
 Government bi/ the Government and Legislative Assembly of the Produce, as luell 
 as by all societies and individuals interested in the reformation of criminals, for the 
 establi''hment of an Drlnstrial Reformatory for this class, which institution shall 
 incorporate in its methods of treatment all the best features of the Elmira system, 
 and the systems in operation in the other establishments of a similar kind in tht 
 United Stales. 
 
 (2!)). That to this reformatory be committed all young men between the ages of 
 seventeen and thirty, loho have been convicted, for the first time of a felony or serious 
 misdemeanor, and who, m the opinion of the judges imposing sentence, are proper 
 cases for reformatory treatment : all prisoners sent to this Heformatory to be 
 committed for an indeterminate period, 
 
 (30). 7'A(' Commissioners recommend that the sentences passed on all juveniles 
 ojfenders sent to reformatories or industrial schools he indeter:.dnate, and that the 
 AUorney-Geueral of the Province, or some one duly authorized 'o act in his behalf, 
 be empoivered to liberate such juvenile offenders unconditionally or conditionally and 
 on parole as may seem best calculated to promote the welfare of the offenders and 
 the interests of the state. 
 
 (31). That the sentences of those committed to the proposed reformatory for 
 young men be in all cases indeterminate with a maximtim limit, and that commis- 
 sioners or others be emi>owered to make regulations for the management of the 
 reformatory, to establish a system of grades and marks, or svch other means of 
 stimulating the inmates to habits of order and industry and promoting their 
 reformation as they may deem best: to liberate on parole such of the inmates as by 
 their attention to work, diligence in study, observance of the rules, earnest efforts to 
 reform and general good conduct, have proved that they will do theif did y faithfully 
 in any position in which they may be placed : and to discharge unconditiona'.ly 
 those w/io having been paroled behave well for any appointed time. 
 
 (32). Sentences shotdd, as far as possible, be progressive or cumulative. 
 
 (2) [From Prison Reform Conference Report, 1892.] 
 
 " That whereas the Board of Directors of the Prisoners' Aid Association of 
 Canada believe the time has arrived when it becomes necessary to take more 
 active means for the formation of branch Associations throughout the Province, 
 and 
 
 Whereas, the founds at the disposal of the Association are quite inadequate 
 for this purpose, therefore 
 
 Resolved, That in the opinion of this meeting a small Government grant 
 aufBciaut for this puopose would be a wise expenditure of public funds, and we 
 commend the same to their favorable consideration." 
 
a 
 
 (3) [From Mr. J. G. Moylan's Renort to the Minister of Justice 
 1891, pago xi.J 
 
 "It is one of the recommendations of the Ontario Commissioners to 
 establish an ludustr'al Rofoimatory, wliere, " youn<,' men between the ages of 
 seventeen iind thirty, who have been convicted, for tlie Hrst time, of a felony or 
 sBrious misdemeanour, and wiio, in the opinion of the judgris imposing sentence, 
 are proper cases for reformatory treatmeiit,' should lie sent and 'comuiitted 
 for an indeti'rminate period.' This recommcndatitm is a good one and must 
 commend it;.elf to general approval. Its taking practical shape would bo, for 
 first ofTendeis, the realization of wliat has been urged in tiicse reports so 
 frequently for convicts wcll-dispjseil an 1 who give promise of reform. They 
 should be separated from the habitual and hardened criminals. It requires no 
 argument to show the paramount importance, the crying necessity tiiere is to 
 make some fit provision by which so gioat a number of young men may be saved • 
 from being thoroughly corrupted and ruined by con.stant association with the 
 depraved and vicious, who, by their taot and cunning, will escape being con)- 
 mitted to the piison of isolation. Alhnv me to bespeak j'our best consideration 
 in behalf of this large array of luuiiaii l),!iiigs, on tho threshold of manhood, who 
 ace standing, perliaps, on tha very brink of destiuction by becoming confirmed 
 criminals. Tney may be saved fr>)m this fate, if timely steps be taken to 
 rescue them from further contact with • vice, and from the contaminating 
 influence of wicked associates. Tlie architectural construction of our peniten- 
 tiaries does not perndt tlie complete separation and classification required to 
 prevent the baneful eflect arising from the co-mingling of the neophytes in 
 crime with those who arc seasoned in guilt. I beg leave, therefore, earnestly 
 to recconuneiid the establishment of a prison, wholly reformatory in its 
 character and managemcMit, wherein persons, between the ages f(f si.\teen and 
 thirty, convicte 1 of their tir.^t know crinic, entailing u )on them a sentence of 
 two years and more, would be confined, in view of bjing subjected to such 
 discipline and treatment as their previous habits and training, disposition and 
 age may render necessary. For this class of ofl'enders, it is reasonable to 
 suppose that the indeterminate period of imprisonnient would have good results. 
 In connection with this recommendation, the (juestion may arise, will one such 
 
 Sriton meet the re([uirement, or should it be a suppleniemt to each penitentiary? 
 fo good reason appear in support of multiplying the number of these reform- 
 atory prisons. A central one, say at Ottawa, shouhl sutlice. The cost of the 
 transfer of prisomus from the several provinces might be consideral)le ; but it 
 would be a trifle co')>paic(l with the building, equipping and maintaining of 
 five separate institutions. 1 suggest Ottawa as liie best location for the piiSon 
 recommended, because, fitst, it is as central as any other city in Ontario or 
 Quebec, for all the other provinces ; secondly and chiefly, because, here, the 
 members of the Legislature and of the Government would have ready facilities 
 and frequent opportunities of examining and inquiring into the adniinistration 
 of the prison and of satisfying themselves upon its operation and results. Kven 
 casual, not to speali of repeated visits to this proposed establishment, would, to 
 a certainty, excite in the mimls of our legislators sucn interest in tlie wiiole 
 penal system as would be moat desirable and advantageous for the public good." 
 
 ■ (4) [From Address of Hon. G. W. Allan at Annual meeting of 
 Prisoners' Aid Association of Canada.] 
 
 " This subject has, as all are aware, been brought under the notice of the 
 Premier, Sir John Thompson, on nioie than one occassion ; and in .January, 
 1893, I was one of a deputation who waited upon Sir John, to urge upon hi.s 
 consideration, both the proposed legislative action with regard to the partlouing 
 and paroling power, and also the establishment fm- the Dominion of a special 
 Reformatory for yonng men. I think the impression left upon the minds of the 
 deputation was that the Premier was disposed to view both suggestions most 
 favorably ; and I have myself very little doubt, that had Sir John not been 
 obliged to leave for Paris, to attend the Behriug Sea Arbitration, so early in thd' 
 
session, hq would liave taken up both the subjects, and we should probably 
 have had tlie desired legislation last year. 
 
 "In r.igard to establishtncnt of a special Reformatory for young men, I 
 entirely agree with tlie prop^itition, tliat it is not punishment ox/i/, hut I'efor- 
 niation tliat wo shouhl aim at in the case of all offenders. Nevertlielrss, I am 
 just as stiongly of opinion tliat <i'l oll'enders, be they young or old (l)ut novices 
 in eriine), or more haidened sinneis, sliunM ))e nuido to fed that wrong-doing 
 brings witli it present puiiishuient of a moi'c or less severe character, in pro- 
 portion to the nature of the offence, find froui tlds penalty they cannot escape. 
 I say this, because J tliink there has been u disposition shown by some very 
 earnest, hi't, I venture to think, mistaken pliilaiithropists, to . f/iml'iate. the 
 punitive, fenlan^, abnost entirely, in dealing with some classes of ofFeuders, and 
 in this I entirely differ from theiu. 
 
 " It is, however, another matter alti)gether, and ojie that calls for action, 
 that young men, who, under under tlie pressure of temptation, have made their 
 first step from the right path, and perliaps have liitterly rejiented it, sliould be 
 doomed during their term of punislmient, to association with old and hardened 
 criminals, and exposed to all the evil results flowing from such canpanionsliip ; 
 instead of being brouglit under influuence-! which miglit help to lead them back 
 once more to the right path, and send them out again into the world, to become 
 good and useful citizens. 
 
 "l can only say, Mr. Chairman, iu conclusion, that 1 shall be ready to do 
 all in my prjwer when I go down to Ottawa at the next session of Pailiament, 
 to urge both these subJ3cts upon the attention of the Dtuniniou Cioverment, viz. : 
 the establishment of a special Reformatory for young men, and the conferring 
 upon the Provincial Government the pardoning and pnroling power." 
 
 (5) [From address of E. A. Meredith, L.L.D., formerly Chair- 
 inan of the Board of Inspectors of Asylums and Prisons of Canada. 
 
 In secouding this resolution, Dr. Meredith spoke as follows : 
 
 "The publication of the Report of the Prison Commission of Ontario in 1891, 
 was an epoch in the history of Prison Reform in Canada. Tlie recommendatioug 
 of the Comndssionevs, covering as they do the whole field of Prison Reform, 
 had been cordially endorsed by the three large prison conferences held since in 
 Toronto, by all the ecclesiastical bodies which since then have held their annual 
 sessions in Ontario, and liy numerous representative and influential lay organi- 
 zations throughout the Province. They have, in fact, met ■with a uni\ersal 
 acceptance in tiie country. To give effect to the recommendations of the 
 Commissioners was therefore to give effect,- not merely to their personal views 
 but to the deliberate and reiterated j Igment of the educated people of all 
 creeds and classes in the country. We have the assurance of Sir John Thompson 
 that the Federal Covernment is piepared to intrcdace, at the next session at 
 Ottawa, the legislation necessary to carry out these recommendations ; and 
 we have also tlie assurance of Sir Oliver Mowat that the Covernment of 
 Ontario will endeavour to fulfil its part, in passing at the earliest mom.nt such 
 It^gislation as is still required from them for the same object. Already, indeed, 
 a most important step has been taken in that direction by the Ontario (Jovernment. 
 The Act passed last session by tlie Local L-jgisl.iture for the protection of 
 friendless and neglecte<l children is an honor to the country. No more benefi- 
 cent or enlightenetl statute can probably be found on the Statute liook of any 
 country. The passing of this Act was an especial source of gratification to hiin, 
 as ever Siince he bec.une, in 18,39, otficially connected, as a member of the Board 
 of Inspectors, with the prisons of Canada, he had again and again in his official 
 .reports, nnd in separate pamphlets, denounced as a crime the sending of our 
 unfortunate little ones to the gaols, there to be educated in vice and crime ; and 
 had urged that these waifs and strays of society should be taken from their 
 evil surroundings and placed iu homes or schools and brought up under good 
 moral and religious iufiueuces." 
 
 I 
 
h 
 
 ' (6) [Prom The Week, July 1st., 1892]. 
 
 "Sir John Thompson assured a deputatioa who waited upon liim a week or 
 two since in the interests of the prisuu reform movement that the Federal 
 Government was prepared to eo-operate with that or Ontario in giving full 
 effect to the recommendations of tl'c Prison Reform Commissioners. Two of 
 these recommendations are of special importance. The first is tliat such changes 
 be made in the laws defining the prerogatives of the Dominion CJovernment in 
 crindnal matters, as are necessary in order to confer upon the Pi(jvincial 
 CJovernment and its olhcers all requisite authority to i)ard<jn, parole, apprentice, 
 board out, ami generally deal with and exercise control over all children and 
 youths sentence(l or committed to or placed in the refoimatorics and industrial 
 schools of the Province, whether sticli sentences or comndtiiients may have been 
 made under the provisions of Donnnion or Pro\ incial lawd. This recommendation 
 ia of primary importance." * ♦ * 
 
 " The. second recomn.endation of the Prison Reform Commissioners is based 
 on the sanie graiul principle wliich seeks to reform law-breakers instead of simply 
 punishing them. It hns to do, however, with an older class (A offenders. The 
 proposal to which the Minister of Justice is said to have given a cordial consent, 
 contemplates the establishment of a Dominion Reformat' "y for men — first 
 offenders — between the aires of sixteen and thirty. The proposal has its origin 
 in the well-known and deplorable f. ct that under present arrangements it often 
 happens that young men who have been convicted of a first felony or serious 
 misdemeanour are thrust into association with the most depraved and fiardened 
 criminals in the Toronto Central Prison, Kingston Penitentiary, or some 
 similar institution, with the almost inevitable result that they are dragged ilown 
 rapidly towards the level of those with whom they are thus placed in contact. 
 There seems now go(nl reason to hope that an institution may shoitly be 
 established in Canada in which it will be possible to test the efficacy ui the in- 
 determinate sentence and other motives which may be brought to bear under 
 proper conditions for the reformation of young men who have made the first 
 false step, but many of whom may be very far from h'eing utterly, depraved, and 
 may gladly avail themselves of a place for repentance and a chance for recovery 
 when such are brought within their reach." 
 
 • (7). [From the records of the Central Prison Toronto, showing 
 that many of the prisoners do not l)elong to Ontario]. 
 
 In 1891, of a total of 585 prisoners who gave their nationality, 384 were 
 from Canada ; 108 from England ; 7-i from Ireland : 19 from Scotland ; 89 from 
 the United States and other countries. 
 
 In 1892, the nationalities given were as follows :— 333 from Canada; 77 
 from England ; 73 from Ireland ; 3G from Scotland ; 79 from the United States 
 and other countries. 
 
 In 1893, the nationalities given were as follows: — 370 from Canada; 77 from 
 England ; 66 from Ireland ; '24 from Scotland ; 95 from the United States and 
 other countiies. 
 
 It is to be noted that of those who gave their nationality as United States, 
 very few were born in Canada ; they were almost wholly from the crindnal class 
 who sought shelter from the vigilance of the United States police force. 
 
 From these statistics it will be seen that a large percentage of the prisoners 
 at the Central Prison do not belong to, and have no claim whatever, upon the 
 Province of Ontario. Many of the prisoners who gave their nationality as 
 Canadians are from other Provinces, more especially from the Province of 
 Quebec, the statistics under this head, unfortunately, are not available The 
 Prisoners' Aid Association of Canada, extends a helping hand to all deserving 
 cases without reference to nationality, and the Managers aim at extending its 
 operations to all parts of the Dominion. Unfortunately the funds at their 
 disposal do not admit of this. A small grant to this end (say $1000 a year) from 
 the Dominion Treasury, would surely be a wise appropriation of public money. 
 
(8) [From Address of Hon. 8. H. Blalco, Q. C, President of tho 
 Prisoners' Aid Association], 
 
 " It ha-i now becomo a trite obsn'Viitioa that tlio tiirnin:^ point for good or 
 evil in the life of most parsons i^i i;enei'ally l)ef)ro arriving at tlio iigj of twenty. 
 It is the turning point for gooil or evil. TiK' taste for crime, ni most cases, 
 begins l)eforo tho agt; of twenty. Tho inlliicnco f -r gojcl leailini^ to the l)etter 
 life i.s generally before this pei ioil. How nei.'es.-iaiy, t!ieii, to lo ik well after our 
 young, and prevent the contaminating inllnences which will in ike this turn to 
 be for the worse in youth. This should t)ii one of tlie drst cares of thii State. It 
 is a matter absolutely of vital moment to us. W^e are not a wealthy enough 
 people to be aljln to pay all that crime costs us if we permit our young to fall 
 into the way of sin. Whatever may be the c 'st of oonseiving our young, it is 
 but a small percentage of wliat it will cost us if they are left to themselves and 
 allowed to drift into the position of criminals. Tlieie should be a most 
 complete power given as to the sentencing or non-sentencing of the young ; as 
 to suspended sentences ; as to indeterminate sentences, &c. 
 
 r 
 
 PRISON REFORM— WHAT IS WANTED. 
 
 1. From THE DoMrsioN (iovKRNMENT : (a) A reformatory for young men, 
 — first odenders with indeternnnate sentences, and tiie parole system, (b) Power 
 to pardon, parole, and to deal with juvenile oifendera aii.solutely, \\ ithout refer- 
 ence to Dominion authority, (c) Provision for the sf pirate trial and separate 
 commitment of all cliildren charged with offences under arrest, (d) An annual 
 grant to promote pri.son refium in the Dominion. 
 
 2. From thk Ont.\rio (Jovkrnmknt : (a) A reformatory for inebriates. 
 (/') Re-organization of Mnys' Reformatory and Refuge for Girls, (c) A special 
 grant to pomote county gaol reform. 
 
 3. From the County Councils : [a) Re-organization of the county gaol 
 system — providing citieieTit classificition of, and proper industrial employment 
 for prisoners. (/*) I'l'ovlding the prisoners with wholesome literature, and giving 
 tliem material aid upon their discharge. (r) Making independent provision 
 for the poor of the county, (d) An annual grant to the Prisoners' Aid 
 Association. 
 
 ■4. From the Churches, TKMPEnANCB Societies and the Public 
 Generally: In the ciuse of prison reform— symp-ithy, co-oporati'in and 
 material aid. 
 
 137 Chircii St., 
 
 Toronto, AprillSth, I89i. 
 
 ) 
 
I