by Web Master | Sep 23, 2024 | News, News Releases
Victoria, BC (Lək̓ʷəŋən traditional territories) – From September 23-27, 2024, the Canadian Human Rights Tribunal will continue to hear the case of Nick Dinardo (they/them), a formerly incarcerated Two-Spirit and transfeminine member of the Piapot First Nation. Mx. Dinardo is challenging the isolation, violence, and abuse they experienced in federal prisons. They argue that Correctional Service Canada discriminated against them on the basis of Indigenous identity, gender identity, religion and disability.
While Mx. Dinardo was in prison, they spent extended periods in extreme isolation, including in the Structured Intervention Unit (“SIU”). Correctional officers also used violent force against them over 45 times.
Dr. Jane Sprott, a professor in the Department of Criminology at Toronto Metropolitan University, is scheduled to testify in Mx. Dinardo’s hearing on September 25 and 26. Dr. Sprott is a member of an independent panel reviewing the use of solitary confinement for people in federal prisons. She will testify about the isolation experienced by people under the SIU regime. Mx. Dinardo’s testimony will also continue from September 23-27.
For details on how to observe the virtual hearing, please contact the Tribunal: https://www.chrt-tcdp.gc.ca/en/human-rights/human-rights-public-hearings
Mx. Dinardo is represented by David Taylor, Christopher Trivisonno, and Maritza Woel of Conway Baxter Wilson LLP and Jessica Magonet of Prisoners’ Legal Services.
Media Contact:
- Nicole Kief (Policy Director of Prisoners’ Legal Services) at nkief@pls-bc.ca or 604-636-0470
by Web Master | Sep 13, 2024 | News, News Releases
Prisoners’ Legal Services, the Congress of Aboriginal Peoples and the Union of BC Indian Chiefs call on Canada to act on the recommendations it adopted during its 4th Universal Periodic Review at the United Nations in March 2024. These included recommendations to:
- address structural racism in and the over-representation of Indigenous and Black people in prisons (recommendations 84, 129, 130, 133),
- improve prison conditions (recommendations 121, 122, 123, 124),
- restrict or end solitary confinement (recommendations 124, 132),
- adhere to United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) (recommendation 132), and
- invest in community-based, Indigenous-led alternatives to incarceration (recommendation 131).
We also call on Canada to retain an Indigenous organization to conduct an independent investigation into the experiences of Joey Toutsaint, a Dene man in the custody of Correctional Services Canada, who suffers from severe Post Traumatic Stress Disorder as a result of frequent violence from correctional officers, and the symptoms of prolonged solitary confinement. You can read our letter here.
by Web Master | Jul 24, 2024 | Uncategorized
Prisoners’ Legal Services is looking for passionate, problem solving, empathetic and dedicated advocate for the rights of people in prison.
We are a small non-profit society providing legal services to people in federal and provincial prison in the province of British Columbia. Our office is in Burnaby, BC.
The legal advocate position involves providing advocacy regarding prison legal issues involving liberty rights, health care and human rights. This work is primarily done by telephone, fax and email. Advocacy on behalf of people in prison may involve summary advice, informal advocacy, providing written submissions and personal representation at tribunals.
This position will involve working closely with our Human Rights and Health Care staff lawyer and policy director, assisting with human rights litigation and settlement implementation, drafting grievances and complaints to professional medical regulatory bodies on behalf of people in prison and working on access to information.
The ideal candidate will be able to identify systemic issues and investigate human rights abuses. They will have excellent attention to detail.
Legal advocates have conduct of client files and are responsible for ensuring day-to-day tasks are scheduled and performed within relevant timeframes. The job involves reviewing and determining the legal merit of cases and determining the level of service to be provided. Legal advocates work under the supervision of a lawyer.
Legal advocates have a great deal of contact with people in prison, prison administrators and parole authorities.
This position may require frequent travel to prisons in the Lower Mainland and Fraser Valley. Access to a vehicle is essential. A CPIC clearance is required to visit prisons.
Basic Qualifications:
- Post-secondary education in Law, Criminology, Social Work, Paralegal training or equivalent;
- Strong verbal, written and interviewing skills; and
- Experience in a legal environment or advocacy an asset.
Skills and Abilities
- ability to be a strong advocate for disadvantaged clients, including those with low income, those with mental health disabilities, and those whose first language is not English;
- ability to work well with others in a team setting;
- ability to negotiate and find creative solutions to prisoners’ legal problems;
- ability to exercise excellent judgment in matters of ethics and confidentiality;
- ability to identify systemic issues and think strategically;
- must have excellent communication and interpersonal skills, in particular in dealing with people in prison, lawyers, and prison and parole officials;
- must be familiar with general software applications (e.g. MS Word, Outlook);
- must be willing and prepared to assist those convicted of various crimes in a non-judgmental way; and
- second language or demonstrated awareness of cultural diversity an asset.
Salary: $60,975
Closing date: August 19, 2024
Start date: ASAP
Interested applicants should submit a covering letter and résumé outlining how their qualifications meet the position requirements to:
Jennifer Metcalfe, Executive Director
Prisoners’ Legal Services
Email: jmetcalfe@pls-bc.ca
prisonjustice.org
We are committed to upholding the values of equity, diversity and inclusion and we welcome and encourage applications from members of groups who experience barriers to equity.
by Web Master | Jul 23, 2024 | News, News Releases
For Immediate Release
Ottawa, ON (unceded Anishinabe Algonquin Territory) – Prisoners’ Legal Services (PLS) is thrilled by the Supreme Court of Canada’s decision in Canada (Attorney General) v. Power, which confirms that governments aren’t protected from compensating people when they violate Charter rights by passing unconstitutional laws. The majority in this decision confirmed that Charter damages may be available when a law is clearly unconstitutional, enacted in bad faith, or an abuse of power.
This case concerned legislation that retroactively made certain people, including Mr. Power, permanently ineligible for a criminal record suspension (a pardon). Courts decided that these laws violated the Charter. Mr. Power then applied for Charter damages for the breach of his rights caused by these laws. The majority of the Supreme Court confirmed that Mr. Power could apply for Charter damages in this case.
PLS intervened at the Supreme Court, and argued that giving law makers absolute immunity from Charter damages for passing unconstitutional laws would reduce access to justice for incarcerated people and would leave them without meaningful remedies when their constitutional rights are violated.
Alexa Biscaro, of Counsel at Norton Rose Fulbright, says: “This is a critical decision that reaffirms the rule of law in Canada and the supremacy of the Canadian Charter. Ensuring that legislatures can be held to account for enacting clearly unconstitutional laws, or doing so in bad faith or through an abuse of power, brings us one step closer to the full recognition and protection of the rights of people in prison.”
Jessica Magonet, staff lawyer for PLS, says: “People in prison are frequently harmed by laws that violate the Charter, including the administrative segregation law, which authorized prolonged solitary confinement. We are very excited by the Supreme Court’s ruling in the Power case, which will help ensure that incarcerated people can be compensated for the harms caused by unconstitutional laws.”
PLS was represented in this matter by Alexa Biscaro and Sarah Ivany of Norton Rose Fulbright Canada.
by Web Master | Jun 10, 2024 | News, News Articles
Burnaby, BC (Unceded Coast Salish territories) – From June 10-14, 2024, the Canadian Human Rights Tribunal will hear expert testimony in the case of Nick Dinardo (they/them). Mx. Dinardo is a formerly incarcerated Two-Spirit and transfeminine member of the Piapot First Nation challenging the violence and abuse they experienced in federal prisons. In their human rights case, they argue that Correctional Service Canada (CSC) discriminated against them on the basis of Indigenous identity, gender identity, religion and disability.
While Mx. Dinardo was in prison, they spent extended periods in extreme isolation and correctional officers used violent force against them over 45 times. Officers broke their arm, pepper sprayed them when they self-harmed, and shot them with a rubber bullet in the face. Further, Mx. Dinardo faced significant harassment and abuse as a transfeminine person incarcerated in prisons designated for men. CSC repeatedly refused Mx. Dinardo’s requests to transfer to prisons designated for women.
From June 10-14, the Tribunal will hear from Mx. Dinardo’s experts. Dr. Kai Pyle will provide evidence about Two-Spirit identity and the oppression faced by Two-Spirit people. Dr. William Hébert will provide evidence about the implementation of policy impacting gender diverse people in prison. Dr. Terry Kupers is a psychiatrist who will provide evidence about the impacts of use of force, self-harm, and isolation in prison.
Jennifer Metcalfe, Executive Director of Prisoners’ Legal Services (PLS), says: “We hope this case will draw attention to the systemic discrimination gender diverse people and people with disabilities experience in prison and will result in remedies that prevent the kind of abuses Mx. Dinardo has suffered.”
For details on how to observe the virtual hearing, please contact the Tribunal:
https://www.chrt-tcdp.gc.ca/en/human-rights/human-rights-public-hearings
Mx. Dinardo is represented by David Taylor, Christopher Trivisonno, and Maritza Woel of Conway Baxter Wilson LLP and Jessica Magonet of PLS.
You can read Mx. Dinardo’s human rights complaints here and here.
Media Contacts:
