Burnaby, BC – Prisoners’ Legal Services
Prisoners’ Legal Services (PLS) and the Correctional Service Canada (CSC) have come to an agreement to settle a complaint filed by PLS with the Canadian Human Rights Commission in 2018 about CSC’s administration of Opioid Agonist Treatment (OAT). PLS filed the complaint in response to calls from over 75 people who were unable to receive lifesaving OAT in prison due to long waitlists or because they had been inappropriately cut off their medication.
CSC has committed to eliminating waitlists for OAT. When PLS filed its complaint, our clients were regularly waiting months, and sometimes over one year, to receive OAT. CSC’s most recent statistics show that the total number of people receiving OAT in custody has been increasing, and the number of people across the country waiting for OAT has decreased. As of September 2021, institutions in the Pacific region and elsewhere have small or no waitlists, though long waitlists still exist at some institutions, particularly in the Prairie region. CSC will continue to publish waitlist data on its website until waitlists are eliminated at every institution.
People in prison also regularly reported that they would be cut off OAT if they were suspected of giving away their medication, even if they were benefiting from the medication. Some reported being cut off cold turkey, resulting in painful and dangerous withdrawal symptoms. Many discussed their fears of overdosing.
CSC’s OAT program will now be overseen by a National Medical Advisor for OAT, a new position within CSC. CSC has also made changes to its Guidance document on OAT to ensure that medical professionals act in the best interest of their patients and follow the United Nations Mandela Rules, which outline ethical obligations of healthcare providers in prisons.
CSC has now made it clear that OAT must not be discontinued unless it is clinically appropriate or at the request of the patient. Health care providers will work with patients to help them engage in treatment that is right for them, and if patients are benefiting from OAT they should not be discontinued. Any withdrawal symptoms will be treated urgently. All involuntary discontinuations will now be reviewed by the National OAT Medical Advisor, and the patient is entitled to a copy of the review.
CSC has also included Good Samaritan principles in its policy on institutional discipline so that people can seek medical assistance for potential overdoses without fear of being charged.
PLS’ human rights complaint also addressed the lack of psychosocial support for people with opioid dependence, in addition to medication. CSC has committed to implementing Self-Management and Recovery Training (SMART), which will be available at each penitentiary in Canada. Additional or different psychosocial treatment will be offered when clinically indicated.
CSC has also engaged with a medical records specialist to address the difficulty patients have getting timely access to their own medical records.
“Canada is in the midst of an overdose crisis,” said Prisoners’ Legal Services Executive Director Jennifer Metcalfe. “Access to OAT is an essential health service and we are pleased CSC has committed to making sure people in federal custody can access it without unnecessary barriers or delays. We are also pleased that CSC’s OAT program will be governed by international ethical standards for prison healthcare and overseen by an addictions medicine expert.
“Our work is driven by the concerns of our incarcerated clients, and we filed this complaint after hearing over and over that they could not get OAT. This settlement helps to affirm the human rights of people in federal custody who use drugs,” said Nicole Kief, Legal Advocate at Prisoners’ Legal Services.
Click here to see CSC`s news release regarding the settlement.
Click here to see CSC`s factsheet on its OAT program.
Media contacts:
Jennifer Metcalfe
Nicole Kief
604-636-0470