Unceded Coast Salish Territories (Burnaby, British Columbia) – Today, Prisoners’ Legal Services (PLS) announces that the Federal Court has cancelled a decision finding one of its clients, who is Deaf and Indigenous, guilty of a serious disciplinary offence.
The client was given an institutional charge by Correctional Service Canada (CSC) for refusing to provide a urine sample for the purposes of random urinalysis. No American Sign Language (ASL) interpreter was present when the urine sample was requested or when he was charged. At the prison disciplinary hearing, the client explained that he was unable to provide a sample because he was on hunger strike to protest the discrimination faced by Deaf people in prison. He was found guilty of this disciplinary offence in serious court.
PLS filed an application for judicial review of this decision in Federal Court, arguing it was unreasonable and discriminatory. The Federal Court cancelled the decision after a motion was brought on consent of the parties.
PLS is also representing this client in a complaint at the Canadian Human Rights Tribunal about CSC’s systemic discrimination against Deaf people in prison. It is widely acknowledged that Deaf people in prison face extreme isolation, which has severe psychological effects and makes it much harder for them to access parole. They also face barriers to accessing supports while on parole. CSC currently has no policies that outline how they will accommodate people with disabilities in prison, and in particular people who are Deaf. Further, the Video Relay Service (VRS), which is how Deaf people in the community use the telephone, is not available in prison.
Jennifer Metcalfe, Executive Director of PLS, states: “CSC has a duty to accommodate Deaf people in prison. It must immediately take steps to ensure that Deaf and hard of hearing people have adequate access to ASL interpreters, and it must implement VRS in prisons across the country.”
Jessica Magonet, Staff Lawyer at PLS, states: “We are thrilled that the Federal Court has exonerated our client and we are inspired by his commitment to improving the lives of Deaf people in prison.”
This client was represented in this matter by Jessica Magonet (Staff Lawyer) and Max McQuaig (Articling Student) of PLS.
Media Contact: Jessica Magonet, PLS Staff Lawyer at 604-636-0470 or jmagonet@pls-bc.ca