by Laura McKendy (PhD Student) and Aaron Doyle (Associate Professor), Sociology, Carleton University
A new report on the Ottawa Carleton Detention
Centre outlines many of the same concerns raised by CPEP over the last couple
of years, regarding brutal crowding and inhumane conditions.
Such oversight boards were set up across the province in 2014 to provide a
community perspective on jail conditions. Members of the board have unfettered,
unrestricted access to the jails. For the most part, they can show up unannounced,
at any time, and venture into all parts of the jail. On OCDC’s CAB, five of its six positions are currently held by community volunteers, with one vacancy.
CPEP, along with our
close allies, Mothers Offering Mutual Support (MOMS), have been in regular
contact with the CAB since its inception last year. We have kept the board
up-to-date with our knowledge of the institution, and have relayed complaints
and concerns from our contacts inside and outside the jail. Thus far, the board
has been limited in its ability to communicate with the public due to a
confidentiality agreement. The Ministry's decision to make their annual report
public is the step in the right direction towards making the work of the board
more transparent.
The report lists concerns based on observations made during a total of 16
visits. Concerns echo those made over the years by prisoners, lawyers, the
guards’ union, criminologists, social service workers and other community
members.
A chief concern is understaffing – a problem that has also recently been stressed
by the guards’ union. The report claims that, despite the addition of 11 new
staff members in the past five years, staff shortages disrupt daily operations
and result in routine lockdowns, during which prisoners are simply kept in
cells or communal sleeping spaces all day with yard time, programs, and visits
are cancelled.
But it is under the
section called ‘Treatment of Inmates’, where the report describes a jail that
most Canadians would probably be shocked to know exists in our capital city.
Key problems listed include: inadequate mental health services for the many
prisoners who wish to access it, sub-standard food which leaves many prisoners
“constantly hungry”, triple-bunking in smalls cells and prisoners sleeping on
mats on the floors, prisoners going up to two weeks without yard time, limited
medical services, dirty showers, inadequate cleaning supplies, nail clippers
being shared without sterilization, freezing temperatures and minimal
programming. The report also provides a list of 22 recommendations for action.
In a seven page response to the report, found here, the Ministry of Community Safety and
Correctional Services restates an intention to transform Ontario’s correctional
system and responds to each of the 22 recommendations outlined by the CAB,
although a number of the Ministry’s responses are vague or simply restate the
existing situation without suggesting a solution.
While some small steps have been taken to improve staff training and the screening
of prisoners with mental health concerns, we strongly agree with the call for a
robust action plan to provide more appropriate accommodation for the 25 per
cent or more of prisoners at OCDC with mental health issues.
The Ministry states it has hired 14 new guards, as well as an Assistant Health
Manager and two full-time nurses, and has implemented a new mental health
screening procedure. It is also not clear whether the 14 staff members
mentioned in the Ministry’s response represent additional staff members, or simply
replacements for people that have been lost, and it is not clear how many of
them have already started. Regardless, in a situation where the jail is locked
down virtually every week due to staffing shortages, it will scarcely begin to
address these concerns.
Moreover, in relation
to pleas for more staff, CPEP is concerned that beefing up security staff is a
strategy that merely seeks to manage, rather than address, the crisis of
over-population in jails. Rather than trying to more effectively house
thousands of pre-trial detainees, the government should address Ontario’s dysfunctional
bail system and rethink its approach to dealing with mental health and
addictions problems by way of the correctional system.
That the Ministry is
acknowledging the severe problems highlighted in the report is a positive sign.
We are pleased that the Minister of Community Safety and Correctional Services,
Yasir Naqvi, met with us in June to discuss similar concerns, and agreed there
is a need for transformation. But he needs to take concrete steps soon to make
that happen.
Transformation will require more than a set of small changes that partially
tackle particular problems. The key issue that is absent from the discussion is
the spike in pre-trial detention in a context of declining reported crime. In
Ontario, statistics from Statistics Canada reveal that out of an average daily
count of 8,807 provincial prisoners, approximately 5,309 (60%) are on “remand”,
meaning they have yet to be charged with
a criminal offence and are awaiting their day in court. They are presumed
innocent under the law.
Most people on remand are there for non-violent offences. In fact, the most
common category of offence for remand prisoners in administrative (e.g.
failure to comply with their bail conditions). The dysfunctional bail system –
which is actually producing crime through the criminalization of ordinary
behaviours as part of bail release – is herding thousands of people in jails
who, on the basis of their original charges, would be otherwise living and
working community as they await their trial date.
For transformation,
the Ontario government must take action to address the fact that the majority
of people in Ontario jails like OCDC are pre-trial and hence presumed innocent.
The dysfunctional bail system, which is contributing to provincial jail
crowding and court backlog, needs to be a top priority for reform. The
government should also question the current approach of criminalizing those
suffering with mental health concerns and addictions issues. Rather than trying
to manage the disaster in Ontario’s correctional system, we should be trying to
extinguish it.