3. Criminal justice system costs

3.1 Police costs

Statistics Canada (Statistics Canada, 2016a),Footnote 7 estimated that total Canadian police spending was $13,810,878,000 in 2014. This figure included criminal activities, and non-criminal activities, such as road safety, youth education, and safety programs. To calculate the%age of spending that police spent on crime-related activities, this study drew estimates from Expenditure Analysis of Criminal Justice in Canada (Office of the Parliamentary Budget Officer, 2013)and A Better Estimation of Police Costs by Offence Types (Ellingwood, 2015).⁠Footnote 8

According to Expenditure Analysis of Criminal Justice in Canada, in 2010 the Ottawa Police Service (OPS) allotted 86% of its budget to crime-related activities, including patrolling costs related to crime. The Ontario Provincial Police (OPP) similarly allotted 61% and the Royal Canadian Mounted Police (RCMP) 59% of their budgets. Meanwhile, A Better Estimation of Police Costs by Offence Types suggests that an average of 53% of Waterloo Police Services’ reactive and preventive policing costs in 2012 and 2013 were spent on crime-related activities. In that study, OPP data show that crime spending varied slightly, that is, OPP crime-related costs were higher than spending on non-criminal activity. Those data show that the average cost of crime per year was 75.95% of total police spending from 2009 to 2012. Factoring in patrol costs in 2013 reduced the average of crime-related costs to 45% of total spending.

These two reports stated that police spent an averageFootnote 9 of 60.8% of their total spending on crime-related activities. This study thus estimates that police spent a total of $8,397,013,824 on crime-related activities in 2014 (table 1).

Table 1. Police costs in the criminal justice system

Table 1. Police costs in the criminal justice system
Total police spending in 2014 $13,810,878,000
Proportion of spending on crime 60.8%
Total police costs
($13,810,878,000 * 60.8%)
$8,397,013,824

According to data from the 2013–14 and 2014–15 ICCS, in 2014,Footnote 10 80.0% of the accused in criminal court cases were male and 20.0% were female. The survey assessed police costs by sex, assuming that police spending by sex (table 2) is consistent with how accused by sex are distributed in criminal court cases (Statistics Canada, 2017).

Table 2. Police costs by sex of accused in the criminal justice system

Table 2. Police costs by sex of accused in the criminal justice system
Male accused $6,717,611,059
Female accused $1,679,402,765
Total police costs $8,397,013,824

3.2. Court costs

At the time that this report was prepared, the most recent data available on court spending were from 2002–03 (Statistics Canada, 2004a). After adjusting for inflation and the increase in elapsed timeFootnote 11 per criminal case in court from 2002–03 to 2014-–15 (a factor of 1.12),Footnote 12 the estimated total court spending for 2014 was $1,614,017,311. This figure includes both criminal and civil courts.

To more precisely estimate court costs for criminal matters, the Integrated Criminal Court Survey was used to obtain criminal court data, and the Civil Court Survey (CCS) was used to obtain civil court data. Costs were estimated in the following steps (steps 1 to 4 were calculated for adult and youth, and by sex):

  1. total court time for each offence (in days) = median days spent in court for an offence multiplied by the number of court cases of that offence;
  2. proportion of court time devoted to each offence = total court time for an offence divided by the sum of total court times for all criminal cases and civil cases;
  3. total proportion of court time for all offences = the sum of proportions of court time devoted to each offence;
  4. total court expenditures on crime = total proportion of court time for all offences multiplied by court expenditures;
  5. total court spending on crime by sex = total court spending for adult offenders by sex plus total court spending for youth offenders by sex; and,
  6. total court costs on crime = total court spending for female offenders plus total court spending for male offenders.

The total court costs for criminal matters was estimated at $488,667,141 in 2014 (table 3).

Table 3. Court costs by sex of accused in the criminal justice system

Table 3. Court costs by sex of accused in the criminal justice system
Female accused $103,530,512
Male accused $385,136,629
Total court costs $488,667,141

3.3. Prosecution costs

When this study was conducted, the most recent data available on prosecution spending were from 2002–03 (Statistics Canada, 2004b). In 2002–03, total prosecution spending was $352,139,000, with 421,811 total criminal cases (including adult and youth cases).Footnote 13

Total prosecution spending was divided by the total number of criminal cases for a total prosecution cost per case of $835 in 2002–03. After adjusting for inflation and the increase in elapsed time in court (see footnote 11) from 2002–03 to 2014 (a factor of 1.12), the prosecution cost per case in 2014 was $1,183. Male accused accounted for 290,911 criminal court cases, whereas female accused accounted for 71,769 cases. The number of criminal cases for males (290,911) and females (71,769) multiplied by the prosecution cost per case ($1,183) resulted in total prosecution costs of $344,269,148 for male and $84,932,390 for female accused. Adding these together, the total prosecution costs in Canada were thus $429,201,538 in 2014 (table 4).Footnote 14

Table 4. Prosecution costs by sex of accused in the criminal justice system

Table 4. Prosecution costs by sex of accused in the criminal justice system
Female accused $84,932,390
Male accused $344,269,148
Total prosecution costs $429,201,538

3.4. Legal Aid costs

Information on legal aid spending was obtained from the 2013–14 and 2014–15 Legal Aid Survey. The spending covered both criminal and civil matters and consisted of direct spending, central administration spending, and other spending, but only criminal matters were considered in this section.

The legal aid cost per court case was estimated using the 2013–14 and 2014–15 figures for total legal aid spending on criminal matters (Statistics Canada, 2019). First, the direct legal aid spending for criminal and civil matters were combined to get the total direct legal aid spending. Second, the proportion of direct legal aid spending on criminal matters was obtained by direct legal aid service spending on criminal matters divided by the total direct legal aid spending. Then the proportion was applied to central administration and other spending to obtain the central administrative and other legal aid spending on criminal matters.

Summing the amounts for direct, central administration, and other legal aid spending on criminal matters resulted in total legal aid spending on criminal matters of $439,098,092 in 2014. There were 362,680 criminal court cases in 2014.Footnote 15 Dividing the legal aid spending in 2014 on criminal matters by the number of criminal court cases resulted in a cost of $1,211 per case for legal aid.

According to data from the 2013–14 and 2014–15 Legal Aid Survey, 70.0% of criminal court cases were approved for legal aid in 2013–14 and 74.1% in 2014–15; an estimated 212,335 approved legal-aid cases in 2014 with a male accused and 52,390 approved legal-aid cases with a female accused in 2014. These numbers were multiplied by the cost of legal aid per case for total legal aid costs of $257,075,113 for male accused and $63,428,845 for female accused,Footnote 16 in 2014, and a total of $320,503,958Footnote 17 in legal aid costs (table 5).

Table 5. Legal Aid costs for approved cases by sex of accused in the criminal justice system

Table 5. Legal Aid costs for approved cases by sex of accused in the criminal justice system
Female accused $63,428,845
Male accused $257,075,113
Total costs of legal aid for approved cases in 2014 $320,503,958

3.5. Correctional services costs

In Canada, the federal and provincial/territorial governments share responsibility for correctional services. The federal correctional service administers sentences for offenders who have been sentenced to two years or more in custody. Provincial/territorial correctional services administer correctional services for youth and sentences for offenders who have been sentenced to custody for two years less a day or less as well as community sentences.

The type of sentence varies by the type of court in which an offender is sentenced. Offenders convicted in an adult criminal court (18 years and older) can be sentenced to federal custody, provincial/territorial custody, remand, a conditional sentence, probation and/or a fine, restitution, and other sentences.Footnote 18 Offenders found guilty in youth court (12 to 17 years old) receive a youth sentence in most cases. In exceptional cases, these offenders can receive an adult sentence. Youth sentencing options include:

This study estimates costs associated with federal and provincial/territorial custody for adults and youth, conditional sentences for adults, deferred custody and supervision orders for youths,Footnote 20 and probation. A fine is a type of sentence in which the court orders an offender to pay a specific dollar amount to the court. It is a cost to offenders, not the courts. It can thus be a form of revenue for the criminal justice system. Fines are therefore not included in total cost estimates for the criminal justice system.Footnote 21 No cost estimates are possible for other types of sentences due to a lack of data.

The Youth Criminal Justice Act (YCJA)emphasizes that the criminal justice system for young persons must be separate from that of adults. Youth and adult offenders must serve their sentences in different facilities. This section therefore shows the costs for adult and youth correctional services separately.

The methods for estimating correctional costs were developed by Hoddenbagh et al. (Hoddenbagh, Zhang, & McDonald, 2014). Correctional services costs were also estimated by sex and by type of offence. These include crimes against the person, crimes against property, administration of justice, other Criminal Code offences, Criminal Code traffic offences, and other federal statutes. In 2014, the total cost of correctional services was nearly $3 billion (table 6). Youth correctional services represented eight% of the total costs (table 6.1).

Table 6. Total costs of correctional services by sex of offenders in the criminal justice system

Table 6. Total costs of correctional services by sex of offenders in the criminal justice system
Female offenders $475,756,668
Male offenders $2,424,552,939
Total costs of correctional services $2,900,309,607

Table 6.1 Total costs of correctional services by adult and youth offenders in the criminal justice system

Table 6.1 Total costs of correctional services by adult and youth offenders in the criminal justice system
Adult offenders $2,665,898,947
Youth offenders $234,410,660
Total costs of correctional services $2,900,309,607

3.5.1. Federal custody costs

This study considered two factors in estimating federal custody costs: the difference in costs for the time offenders served in custody versus in the community (under parole or statutory release),Footnote 22 and the difference in costs of incarcerating a female offender versus a male offender. Convicted offenders who receive sentences of two years or more go into federal custody. For youth who receive sentences of more than two years, the YCJA requires that they be sentenced to a youth facility until they are 18. At that time, they may serve the remaining portion of the sentence either in a youth facility (until they are 21) or in an adult provincial/territorial facility or federal penitentiary. When the youth turns 18 years old, the provincial director (a person chosen by a provincial or territorial government to carry out duties under the YCJA) may apply to the youth justice court in certain circumstances to transfer the youth to an adult facility. The youth may be transferred to a federal penitentiary if two or more years of their sentence remain.Footnote 23

In 2014, the daily cost to incarcerate a male inmate in federal facilities was $312 and the cost for a female inmate was $589 (Public Safety Canada, 2017). The higher cost for a female inmate was partly due to economies of scale because there were more male inmates. The daily cost of supervising an offender on parole was $91 (Public Safety Canada, 2017).Footnote 24 The daily cost of supervising an offender on statutory release was assumed to be the same as the cost of probation (Hoddenbagh, Zhang, & McDonald, 2014): $5.59Footnote 25 in 2014. The Parole Board of Canada (PBC) reviews and makes parole decisions for all federal offenders at a cost of $2,017 per review (Canada P. B., Parole Board of Canada 2013-14 Departmental Performance Report, 2014) (Canada P. B., Parole Board of Canada 2014-15 Depertemental Performance Report, 2015).

Federal custody costs include the total cost for offenders in federal custody, the total costs of offenders on parole and statutory release, and the total cost for offenders’ parole board reviews. These costs were calculated separately by sex and type of offence. The costs were computed as follows:

Summing up all these costs, the total federal custody costs in 2014 were estimated to be $1,761,984,402 (table 7).Footnote 26

Table 7. Costs of federal correctional services by sex of offenders in the criminal justice system

Table 7. Costs of federal correctional services by sex of offenders in the criminal justice system
Female offenders $341,334,820
Male offenders $1,420,649,582
Total costs of federal custody $1,761,984,402

3.5.2. Provincial/territorial custody costs (adults and youth)

The total cost of provincial/territorial custody takes both adult and youth offender costs into account. In 2014, it cost an average of $198 per day to incarcerate an adult offender in provincial/territorial facilities (Statistics Canada, 2016b). The YCJA strongly focuses on rehabilitating, reintegrating, and reducing youths’ risk of reoffending. The court must therefore consider all reasonable alternatives to custody before it can impose a custodial sentence.

Custodial sentences for youth are intended primarily for violent offenders and serious repeat offenders. If sentenced to custody, a youth may be placed in either an open-custody or a secure-custody facility, depending on the seriousness of the offence and the youth’s history of charges or sentences.Footnote 27 The costs of open custody and secure custody vary. They depend on how much security is needed and what types of specialized programs are offered to respond to the distinct needs of youth offenders. These include education, dealing with substance use issues, self-control and anger management, and decision-making and problem solving.Footnote 28 Open-custody facilities are typically smaller residences where youth are supervised. Secure-custody facilities are separate from and do not have regular access to the community.

The average daily cost per youth varied significantly between both types of facilities. According to the Office of the Auditor General of Ontario’s Annual Report in 2014, the average cost of holding a youth in custody costs is about $1,444 per day.Footnote 29 At the same time, the British Columbia Office of the Provincial Health Officer found that in 2014, holding a youth in custody cost on average about $646 per day.Footnote 30 Since costing data for youth were only available for Ontario and British Columbia, the average of these two figures was used. This resulted in an average cost per day of $1,045.

There are no national data on the average daily cost of parole and statutory release supervision. This study therefore uses estimates for Ontario provided by the John Howard Society of Ontario. The Society estimates that in 2014, parole cost an average of $40 a day.Footnote 31 Supervising an offender on probation cost $5.59 a day.Footnote 32 This figure was used as a substitute for the cost of supervising an offender on statutory release. The average daily cost of supervising a youth in the community was estimated to be $60.Footnote 33 Each provincial and territorial parole board conducts parole reviews for offenders who are serving their custody sentence in a province or territory. This study assumed that the average cost in 2014 for each provincial and territorial review was the same as the cost for each federal review: $2,017.

This study estimated the total cost of:

The provincial and territorial costs of correctional services for offenders in custody were estimated separately for adults and youth, by sex, and by type of offence.

The study used methods similar to those adopted for federal correctional services to estimate the total costs of:

The study also estimated the total cost of supervising youth in the community. This was done by multiplying the daily cost of supervising a youth in the community by the total number of days youth offenders spent under community supervision. Total custody costs in 2014 for the provinces and territories were estimated at $932,993,949 (tables 8 and 8.1).Footnote 34

Table 8. Costs of provincial and territorial correctional services by sex of offenders in the criminal justice system

Table 8. Costs of provincial and territorial correctional services by sex of offenders in the criminal justice system
Female offenders $89,329,970
Male offenders $843,663,979
Total costs of PT correctional services $932,993,949

Table 8.1. Costs of provincial and territorial correctional services by adult and youth offenders in the criminal justice system

Table 8.1. Costs of provincial and territorial correctional services by adult and youth offenders in the criminal justice system
Adult offenders $827,200,085
Youth offenders $105,793,864
Total costs of PT correctional services $932,993,949

3.5.3. Conditional sentence (adults) and deferred custody and supervision order (youth) costs

A conditional sentence allows adult offenders to serve their sentence in the community. This takes place under strict conditions (house arrest, no contact with specific people, keeping the peace, and good behaviour) rather than in custody, for up to two years less a day. Some of the requirements include:Footnote 35

According to the YCJA, a deferredcustody and supervision order allows youth to serve their sentences in their communities under a set of strict conditions for a maximum of six months. Since these orders are similar to adult conditional sentences, the average daily cost of a conditional sentence was used to estimate the costs of a deferred custody and supervision order.

Supervising an offender with a conditional sentence cost an estimated $26 per day.Footnote 36 The costs of a conditional sentence (and deferredcustody and supervision order) were calculated for each type of offence in the following way:

This was done for adult and youth offenders separately, and also by sex and type of offence. The total cost of conditional sentences (and deferredcustody and supervision orders) for all types of offences was $47,251,172 in 2014 (tables 9 and 9.1).

Table 9. Costs of conditional sentence, deferred custody and supervision orders by sex of offenders in the criminal justice system

Table 9. Costs of conditional sentence, deferred custody and supervision orders by sex of offenders in the criminal justice system
Adult female offenders $11,704,041
Adult male offenders $35,547,131
Total costs of conditional sentence, deferred custody and supervision orders $47,251,172

Table 9.1 Cost of adult conditional sentences and youth offenders’ deferred custody and supervision orders in the criminal justice system

Table 9.1 Cost of adult conditional sentences and youth offenders’ deferred custody and supervision orders in the criminal justice system
Conditional sentence – Adult offenders $43,326,622
Deferred custody and supervision order (including conditional sentence)Footnote 37 – Youth offenders $3,924,550
Total costs of adult conditional sentences and youth offenders’ deferred custody and supervision orders $47,251,172

3.5.4. Probation costs (adults and youth)

The average lengths of probation sentences were calculated using data from the Integrated Criminal Court Survey.Footnote 38 Estimates were calculated separately for adult and youth offenders, by sex, and by offence type. These include crimes against the person, crimes against property, administration of justice, other Criminal Code offences, Criminal Code traffic offences, and other federal statutes.

There is currently no official estimation of the daily cost of each offender’s probation. As a result, that figure was derived from the total cost of community supervision services. These include conditional sentences, probation, and parole (Hoddenbagh, Zhang, & McDonald, 2014).

To isolate the cost of probation, the cost of conditional sentences and parole were estimated and deducted from the total cost of community supervision services as follows:

Since the average length of probation sentences varies by type of offence, the total probation costs for adults and youth for each offence type were calculated. Estimates were also calculated separately by sex. We multiplied the total number of offenders on probation for each type of offence by the corresponding average sentence length (in days) and the average daily cost of probation. We then summed these total probation costs for each offence type to obtain the total probation costs for all offences combined: $158,080,085 in 2014 (tables 10 and 10.1).

Table 10. Probation costs by sex of the offenders in the criminal justice system

Table 10. Probation costs by sex of the offenders in the criminal justice system
Female offenders $33,387,838
Male offenders $124,692,247
Total costs of probation $158,080,085

Table 10.1 Probation costs of adult and youth offenders in the criminal justice system

Table 10.1 Probation costs of adult and youth offenders in the criminal justice system
Adult offenders $141,447,289
Youth offenders $16,632,796
Total costs of probation $158,080,085