Crisis In Corrections Policy Brief
On Wednesday, February 2nd we are meeting with MPP Gilles Bisson, the current Critic of Community Safety and Detention and NDP representative of the Northern Riding of Timmins.
BACKGROUND: The Ontario New Democratic Party is the official opposition in the Ontario Legislature. They have more access to information and can ask direct questions of the government. The NDP Critic of Community Safety and Detention is the person who should be working on behalf of the Ontario NDP to oversee prisons.
This is the first time Toronto Prisoners’ Rights Project (TPRP) has successfully secured a meeting with the Critic of Community Safety and Detention. The offer was never extended to us previously as the last critic was in favour of police and prisons. This meeting is important as we can bring information, questions and critiques to the critic in hopes for accountability and forward action. During this meeting ex-prisoners, their loved ones and community advocates will share their lived experiences and stories in order to shine a light on the inhumane treatment of prisoners and the human rights violations that persist within correctional institutions throughout Ontario.
If you have any questions for MPP Gilles Bisson, please send us an email to torontoprisonersrights@gmail.com by the end of day on Tuesday, February 1st.
The following was submitted to MPP Gilles Bisson and his team prior to our upcoming meeting:
Crisis in Corrections Policy Brief:
Since the start of this pandemic, 2,250 imprisoned people have contracted the COVID-19 virus. On January 12th 2022, it was reported that 1961 prisoners were in medical isolation. This is the highest number ever reported during this pandemic. According to the Solicitor General, people are put on medical isolation if they have or are suspected to have COVID. We have heard from community members that medical isolation is no different from solitary confinement: 23-hours in cells, no ability to shower, and no way to contact loved ones or connect with lawyers. As such, recent numbers tell us that almost 2000 people in Ontario provincial prisons either have or likely have COVID and are being forced to live in inhumane, solitary confinement-like conditions. We have also seen constant data mismanagement and undercounting by the Ontario government such that it is likely that all these numbers grossly under-represent the state of COVID-19 in provincial prisons.
Community members who have been imprisoned during the pandemic report many incidences of being confined with others who have tested positive for COVID, liberal use of medical isolations as a punitive form of segregation and confinement, and the inability to get tested or to receive basic PPE such as masks and hand sanitizer. We have also heard many instances of people being disciplined for wearing masks or creating their own for fear of contracting COVID-19.
KEY ISSUES:
Overcrowding
Overcrowding makes battling large COVID outbreaks next to impossible. As a result, outbreaks are running rampant in both Provincial and Federal institutions across Ontario. Recent reports highlight that the number of adult jails in active outbreaks are 15 out of 25 and nearly 30 percent of Ontario prisoners are in COVID-19 isolation. The jails currently with active outbreak are: Brockville Jail, Central East Correctional Center, Elgin Middlesex Detention Center, Hamilton Wentworth Detention Center, Kenora Jail, Maplehurst Correctional Complex, Niagara Detention Center, North Bay Jail, Ottawa Carleton Detention Center, Quinte Detention Center, Sarnia Jail, Thunder Bay Jail, Toronto East Detention Center, Toronto South Detention Center and the Vanier Center for Women. This list is likely inaccurate since we have reports that other jails are experiencing outbreak conditions.
There is no opportunity for prisoners to socially distance or protect themselves from contracting the virus as prisoners in provincial jails report being crowded 3 to 4 people in a two-person cell without masks, hot water, soap, and other resources for proper hygiene including not being allowed to shower for as long as up to 9-10 days due to lockdowns and staff shortages. In a poor attempt to manage these outbreaks and reduce the number of cases in an institution, prisoners have been transferred from institution to institution. In some cases facilities were closed down completely and their entire prisoner population moved to contaminate another facility.
Social Isolation
Throughout the pandemic, prisoners have been isolated from their loved ones and lawyers, and restricted from programs, visitations, as well their basic needs such as showers, fresh air and commissary under the guise of controlling outbreaks. However, two years into the pandemic there are more institutional outbreaks than ever. The law stipulates that in Canada prisoners cannot be placed in solitary confinement (the practice of confining a person in prison to a cell and depriving them of meaningful human contact for 22 hours a day or more) for more than 15 days. However, prisoners report having been held 4 to 5 months in segregation. Institutions continue to isolate people by using lockdowns, droplet precautions, "restrictive movement routines," and segregating people in solitary confinement and other punitive reactionary measures as a way to control the spread of the virus.
Lack of social connection, cognitive stimulation and exercise has resulted in an increase in mental health issues and violence in response to the trauma they have had to endure. People are taking pleas in a desperate attempt to get out of these inhumane conditions instead of accessing their fundamental right to a fair trial. Also, lack of programming results in prisoners not being given the opportunity to shorten their incarceration by meeting the requirements of parole hearings.
“COVID-19 has also delayed criminal trials across Canada,” which contradicts the provision set out by the Canadian Charter of Rights and Freedoms that states all individuals have the right to go to trial within a reasonable time frame leaving people languishing on remand with no end to their incarceration in sight.
With limited to no access to phone calls and visitations in many institutions canceled for months, prisoners have been disconnected from their support networks. Families have been distraught with worry not knowing if their loved ones are safe and concerned for their emotional well-being. This has also had a ripple effect on the emotional well-being of families and children of those who are incarcerated. An inability to access phones also makes it incredibly difficult for prisoners to connect with their lawyers to discuss their case or to apply for bail. Lack of visitations and phone access also impacts discharge and reintegration planning, as prisoners have no way of connecting to community support pre-release.
Limited Access to Healthcare
Prisoners in Ontario are subjected to limited healthcare services which are overseen and implemented by the Ministry of the Solicitor General and Correctional Service Canada. Reports from inside deem this care inadequate, minimal and slow-moving in comparison to the healthcare provided to those on the outside by the Ministry of Health. Due to the limited access to appropriate health care services and punitive responses, prisoners are afraid to seek medical attention if they get infected with COVID-19 or other issues for fear that they will be punished. Prisoners should not have to make a choice between their physical health and their mental well-being. We have received reports that if a prisoner asks for a shower or to use the phone, staff have retaliated by denying them access to the phone or shower, relocating them to a segregation unit or physically assaulting that prisoner. We have also received reports that prisoners have not been allowed to go outside of the institution to receive treatment for their medical conditions.
In response to the aforementioned conditions we urge the Ontario Government to take action by doing the following:
Decarceration. Reduce the number of people inside prisons and detention centres through rapid decarceration and non-custodial options (i.e. bail, conditional sentences, diversion programs etc.). This was done at the beginning of the pandemic and therefore can easily be done again.
Contain COVID Not People. Stop using lock downs and other administrative confinement measures as a means to try and control the spread of COVID-19.
Equitable Access to Healthcare. Ensure prisoners receive equitable access to healthcare by transferring the provision of health care in provincial jails to the Ministry of Health. Allow prisoners to receive necessary treatments and attend appointments outside of the institution as needed.
Provide PPE. Immediately provide prisoners with free medical and sanitary equipment such as free personal protective equipment (e.g. N95 masks) and soap.
Release of Information. Release all information regarding COVID-19 and Omicron outbreaks in provincial jails including what steps are being taken by the Ontario government to curb the spread and protect the health of prisoners.
Reinstate the Corrections WatchDog and Community Advisory Boards (CAB). There needs to be true independent oversight of the correctional system in Ontario to ensure that the safety, human rights and health needs of prisoners are met. The first Community advisory Board was implemented in 2013 to address violence and poor conditions at Elgin-Middlesex Detention Center (EMDC). Six more CABs were created with the understanding that each community advisory board was to spend a year visiting and observing their assigned detention center in order to complete a report based on those observations. The province was then to review the recommendations and respond to them in a public report. The last time reports from the seven boards were released to the public was in summer 2017 which were based on observations made by the boards in 2016.
WHO WE ARE:
The Toronto Prisoners’ Rights Project (TPRP) was created in December 2019 as a response to the increasing gaps in support and care provided to individuals impacted by incarceration as well as those who are currently incarcerated. TPRP is a volunteer organization of former prisoners, people with loved ones inside, activists, front-line workers, artists, researchers, educators and students. We engage in direct action, public education, and mutual aid to shed light on the harms caused by incarceration and connect prisoners with social, financial, legal and health supports. We are committed to abolition and building sustainable communities rooted in community care, transformative justice, and accountability.
Over the last three years, we have provided support to several thousands of prisoners, ex-prisoners and their loved ones across Ontario and Canada as a whole. Despite our organization being relatively young, we were called to action at the onset of the COVID-19 pandemic as we witnessed the injustices our loved ones were faced with due to the complete neglect of the Solicitor General, Ministry of Community Safety and Correctional Services, and the Federal Government.
Since the beginning of the pandemic we have supported our community through a variety of initiatives to help them meet their material needs that are otherwise overlooked. Such initiatives include:
Prisoner Emergency Support Fund. We have distributed over $275,590 to over 1,200 people through this volunteer run program. Critical funds have been given to prisoners inside to allow them to, for example, purchase essential items such as basic hygiene products through their canteen. Prisoners have to pay for collect calls to loved ones and/or their community supports, even their lawyers. By accessing this fund, prisoners are able to put money into their phone accounts. This fund has also supported recently released prisoners in accessing shelter, food, clothing, transportation and mental health support as they reintegrate back into society.
Good Food Box Program. In partnership with FoodShare Ontario we have helped provide over 1200 fresh produce boxes to over 100 recipients who have identified as impacted by incarceration and food insecure.
Clothing Drive. Lack of weather appropriate clothing is a big concern for folks being released from custody. Many of whom were detained in the warmer months and are being released in sub zero temperatures without coats, boots and only the clothes they had on their backs at that time they were taken into custody. Institutions who should be able to provide for the safety and well-being of prisoners being released, reached out to us because they have no warm clothes, boots, hats or gloves in their A&D department. We responded by holding two clothing drives and delivering the items to the institutions.
Shelter Crisis Survival Drive. Unfortunately, many prisoners end up unhoused due to the lack of support available to them following release. Additionally, many people who are unhoused are often criminalized due to their current situation. To support these folks, we raised over $100,000 to provide critical necessities to our unhoused community members as they face the cold of winter, shut out by the mismanaged shelter system in Toronto.
Ontario Prisoner Resource Guide. The Ontario Prisoners’ Resource Guide is the first province wide resource guide designated for currently incarcerated and recently released service users and providers. This document is a compilation of various resources all throughout Ontario that can be of use to someone coming out of jail or prison and service providers to find the support that is available to them in their area. This resource compilation is an on-going project which we update regularly as we discover new resources to add.
The initiatives above are just a fraction of the work that our community organization does. We are able to conduct this work due in large part to our deep commitment to building networks of solidarity amongst many community organizations and partners. Without their help and the mutual understanding that our collective communities keep each other safe, all of our work would not be possible.
CONCLUSIONS:
We have reached out to you and your office for answers to the deadly, dangerous and dilapidated management of prisons during the COVID-19 pandemic. We demand accountability for the worsening conditions and human rights violations occurring inside Ontario jails over the course of the COVID-19 pandemic. As the Critic for Community Safety and Correctional Services, we trust that the on-going Crisis in Corrections is as concerning an issue to you as it is to the community. We look forward to having a constructive discussion with you at our upcoming meeting.
REFERENCES:
1) Tracking the Politics of Criminalization and Punishment in Canada
http://tpcp-canada.blogspot.com;
2) Advocates critique rising jail figures in some provinces after initial COVID-19 fall | CTV News
https://www.ctvnews.ca/health/coronavirus/advocates-critique-rising-jail-figures-in-some-provinces-after-initial-covid-19-fall-1.5358293;
3) Nearly 30 per cent of Ontario prisoners are in COVID-19 isolation https://www.thestar.com/news/gta/2022/01/14/nearly-30-per-cent-of-ontario-jail-inmates-are-in-covid-19-isolation.html;
4) No justice in Isolation: Ending solitary confinement in prison lockdowns and restrictive movement routines
https://bccla.org/wp-content/uploads/2021/10/2021-10-12-Final-Backgrounder-Lockdown-caaw.pdf;
5) COVID-19 has delayed criminal trials across Canada. Is the justice system doing enough to address the problem?https://www.cbc.ca/news/canada/saskatchewan/covid-19-delays-justice-system-jordan-rule-fertuck-canada-1.6087923;
6) Transforming Healthcare in our Provincial Prisons, Final Report of Ontario’s Expert Advisory Committee on Health Care Transformation in Corrections https://johnhoward.on.ca/wp-content/uploads/2019/05/Transforming-Health-Care-in-Our-Provincial-Prisons-External-Advisory-Report-2.pdf