News Release: PLS calls for CSC to consider systemic abuse of Indigenous people in prison in its investigation into the death of Kendal Campeau

Unceded Coast Salish Territories (Burnaby, BC) – Today, Prisoners’ Legal Services (PLS) made submissions on behalf of the family of Kendal Campeau to the Correctional Service Canada’s (CSC) National Board of Investigations in relation to his death at the age of 31 at Pacific Institution on November 14, 2021 from methadone toxicity.

Mr. Campeau was a member of the Yellow Quill First Nation and grew up in Saskatchewan. His death in the custody of CSC adds to the long list of Indigenous people who have died in colonial prisons in Canada.

In our submissions, we urge CSC to consider Mr. Campeau’s death in prison as part of Canada’s history of forcibly separating Indigenous families and the mass incarceration of Indigenous peoples. Mr. Campeau’s life and death represent many of the systemic issues experienced by Indigenous people in prison, including classification to higher levels of security, having his “Indigenous Social History” used against him, transfer to prisons far away from his family and community, the use of prolonged solitary confinement, and violent assaults and abuse by correctional officers or facilitated by officers.

He was transferred away from his family in Saskatchewan to BC in 2019 after he was violently assaulted in prison. In BC he was violently assaulted again and placed in a Structured Intervention Unit before being transferred to Pacific Institution. On November 14, 2021 he was found unresponsive in his cell. He was taken to outside hospital and then returned to the prison, where he died later the same day.

Mr. Campeau had a long history of being harmed by colonial systems. Although he came from a loving family and did not experience any abuse in his home, he was removed from his family and placed in foster care at the age of 10. His mother unsuccessfully attempted to regain custody. He spent time in group homes, where he was abused, including by being forcibly held down in restraints. At the age of 12 a police dog attacked him and tore his arm.

In adult custody, Mr. Campeau suffered extensive abuse by correctional officers. His sister, Ashley Fontaine, wrote about her brother’s reporting of one incident when he was sexually assaulted by correctional officers:

“Kendal said that the guards ‘pissed in a mop bucket’ and told him to mop his cell with the urine in the pail. He refused and began swearing at the guards. He then became overwhelmed with emotions and you can hear it in his voice. Kendal said, ‘I fought back Doll. I wasn’t going to mop my cell with pissy water, fuck that shit. I pissed one of the guards off, so he kicked over the mop water, spilling all over in my cell’. Kendal then went on to say that what the guard did by spilling the pail in the cell, had angered him and then started ‘swinging punches’. Kendal said that at this point the guards rushed him, tackled him down and beat ‘the shit out of me’. Kendal started crying on the phone with me as he mentioned what they did to him next. He said they pulled his pants down and shoved the mop stick ‘up his ass’. He was raped by the guards wielding the stick. Kendal told me he couldn’t ‘shit or sit for weeks[‘] while he was down in the hole [segregation] due to the damage from the rape.”

Ashely notes that Mr. Campeau spoke about this incident in a voicemail he left for her approximately one week before he died.

Mr. Campeau’s records indicate that he attempted suicide while being held in segregation in 2019. Medical staff believed he had been sexually assaulted, and his records note he was found crying in the shower, having slashed his arm and thigh severely enough to require treatment at outside hospital. Prior to this incident, CSC health providers had repeatedly signed off on Mr. Campeau’s continued isolation.

Mr. Campeau also reported to his sister that a correctional officer gave him a razor blade and “tormented him into thinking that he was a waste of life and encouraged him to end his life,” and that guards would stand there and watch as he cut his arms and legs.

PLS has received several reports from incarcerated people about CSC correctional officers encouraging them to kill themselves and sometimes giving them razor blades.

Mr. Campeau submitted grievances about his mistreatment but CSC’s responses were cursory.

PLS encourages CSC to thoroughly investigate Mr. Campeau’s treatment in its custody as part of its investigation into his death.

Media contact:

Jennifer Metcalfe, Executive Director
jmetcalfe@pls-bc.ca * 604-636-0470

Incarcerated Two-Spirit Person Sues Correctional Service of Canada for Denying Them Access to their Personal Information, Breaching Privacy Act and the Charter

Unceded Coast Salish Territories (Burnaby, BC) – Today, Nick Dinardo, a Two-Spirit Indigenous person in federal custody, filed a lawsuit against the Correctional Service of Canada (CSC). Mx. Dinardo is going to Federal Court to enforce their rights under the Privacy Act and the Charter to access their personal information documenting the use of force against them by CSC correctional officers.

Throughout Mx. Dinardo’s imprisonment, CSC correctional officers have repeatedly harassed, abused, and mistreated them, including by using force against them. Mx. Dinardo requested access to their own personal information documenting several of these uses of force and, more than one year later, CSC has failed to respond to the bulk of their requests. Mx. Dinardo is now asking the Federal Court to require CSC to disclose their information. They will also argue that CSC’s delays and refusals have limited their ability to criticize their unlawful treatment in prison, and that this violated their Charter rights.

Mx. Dinardo had previously filed two human rights complaints against CSC for failing to accommodate their mental health needs and for discriminating against them based on their Indigenous identity and gender identity. These complaints are ongoing.

Mx. Dinardo states: “If people in prison cannot access their personal information in CSC’s hands, how can we possibly speak out about our mistreatment? Access to information is critical for shining a light on what happens behind prison doors.”

Adam Goldenberg, counsel for Mx. Dinardo, states: “Correctional authorities in Canada have a legal duty to provide people in prison with access to their own personal information under the Privacy Act. As Nicholas Dinardo’s case illustrates, systemic delays and refusals to provide legally required access can seriously impede incarcerated people’s ability to express themselves, to challenge their treatment in prison, and to hold correctional authorities accountable. Mx. Dinardo’s case seeks to reaffirm the right of people in prison to timely access under the Privacy Act and the Charter.”

Jessica Magonet, staff lawyer at Prisoners’ Legal Services, says: “Prisoners’ Legal Services has helped over 75 incarcerated people make requests for their own records from CSC. Extensive delays, some in excess of 1000 days, are a chronic and systemic issue. When CSC does respond, their responses are often incomplete. It is time to hold them to account.”

Nicole Kief, legal advocate at Prisoners’ Legal Services, says: “People in prison are especially vulnerable due to the power prison officials have over every aspect of their lives. Often when they complain about mistreatment, they are not believed. Getting timely access to personal records, including video documentation of uses of force, is critical for transparency and accountability.”

Mx. Dinardo is represented in this litigation by Adam Goldenberg and Connor Bildfell of McCarthy Tétrault LLP and Jessica Magonet of Prisoners’ Legal Services.

You can read more about Mx. Dinardo’s human rights complaints here:

Media Contacts:

We are hiring a 2023 articling student!

2023 ARTICLING STUDENT JOB POSTING

This position is for a two year term (articles and first year staff lawyer) to start in May or June, 2023.

Burnaby, BC

About the organization

Prisoners’ Legal Services is a legal clinic serving people in federal and provincial prisons in British Columbia. We assist people in prison with issues related to their liberty rights under s. 7 of the Charter, health care and human rights.

Duties and responsibilities

  • Providing general legal aid services to prisoners, including interviewing clients, managing client files, conducting legal research and writing submissions with a focus on liberty rights, human rights and health care;
  • Representing clients at institutional disciplinary and Parole Board of Canada hearings; and
  • Assisting legal counsel in the preparation of research and submissions in the areas of human rights and health care.

Skills and experience

Strong research and writing skills and an interest in oral advocacy are essential. Familiarity with administrative or human rights law is an asset. The successful candidate should have the ability and desire to work with people in prison in a respectful and non-judgmental manner. Interested students should have a car to travel to prisons in the Fraser Valley, public health permitting.

Salary and hours of work

The salary for this position is $50,000 in the first year and $60,000 in the second year. The position is for 35 hours of work per week. Professional Legal Training Course (PLTC) and Law Society fees and insurance will be covered.

To apply

Applications should include a résumé, cover letter, writing sample and transcripts. The cover letter should be addressed to Jennifer Metcalfe, Executive Director, Prisoners’ Legal Services and should include an explanation of why you are interested in this position.

Submit applications via email to jmetcalfe[at]pls-bc.ca. Applications will be considered on a rolling basis.

We strongly encourage applications from members of communities that experience structural discrimination and marginalization.

This position is funded by the Law Foundation of BC.

We are hiring a receptionist/administrative assistant!

Prisoners’ Legal Services is looking for a receptionist/administrative assistant who wants to use their skills to support the rights of people in prison.

We are a small non-profit society providing legal services to people in federal and provincial prisons in the province of British Columbia.

The receptionist/administrative assistant reports to the executive director. The position involves providing reception/intake, office and clerical services to support lawyers and advocates.

Duties include:

  • Answering calls from clients, entering information into our database, determining their legal issues, directing calls to the appropriate staff member and taking messages as appropriate;
  • Providing clients with referrals to other agencies, sending public legal education material and providing limited legal information in specific identified areas;
  • Answering other calls, taking messages, arranging couriers, sending and delivering faxes and mail;
  • Maintaining accurate database and filing system;
  • Drafting letters;
  • Track access to information requests and responses;
  • Arranging legal aid lawyers to represent clients at hearings;
  • providing advocacy and litigation support for advocates and lawyers;
  • may assist with IT and website; and
  • keeping the office organized and tidy, vacuuming and taking out recycling and garbage every other week.

Basic Qualifications:

  • grade 12 education and training in administrative assistance;
  • knowledge of computer systems; and
  • adequate typing speed.

Skills and Abilities:

  • able to be discreet and  to exercise excellent judgment in matters of ethics and confidentiality;
  • ability to work well with others in a team setting;
  • must have excellent communication and interpersonal skills, in particular in dealing with people in prison, lawyers, prison and parole officials;
  • must be efficient;
  • must have ability to deal with distressed clients in a calm and respectful manner; and
  • must have a desire to assist those convicted of various crimes in a non-judgmental way, including those with mental health disabilities, those with low income, or those whose first language is not English.

Salary:  $43,166 (benefits after 6 months)

Closing date:  June 17, 2022

Starting date:  ASAP

Interested applicants should submit a covering letter together with a résumé outlining how their qualifications meet the position requirements to:

Jennifer Metcalfe, Executive Director
Prisoners’ Legal Services
Email: jmetcalfe[at]pls-bc.ca
prisonjustice.org

PLS is hiring an Intake Worker/Administrative Assistant

Intake worker/Administrative Assistant

Prisoners’ Legal Services, Burnaby, BC

Prisoners’ Legal Services is looking for a compassionate intake worker/administrative assistant who wants to use their skills to support the rights of people in prison.

We are a small non-profit society providing legal services to federal and provincial prisoners in the province of British Columbia.

The intake worker/administrative assistant reports to the executive director. The position involves providing reception/intake, office and clerical services to support lawyers and advocates.

Duties include:

  • Answering calls from clients, entering information into our database, determining their legal issues, directing calls to the appropriate staff member and taking messages as appropriate;
  • Providing clients with referrals to other agencies, sending public legal education material and providing limited legal information in specific identified areas;
  • Answering other calls, taking messages, arranging couriers, sending and delivering faxes and mail;
  • Maintaining accurate database and filing system;
  • Drafting letters;
  • Track access to information requests and responses;
  • Arranging legal aid lawyers to represent clients at hearings;
  • providing advocacy and litigation support for advocates and lawyers;
  • may assist with IT and website; and
  • keeping the office organized and tidy, vacuuming and taking out recycling and garbage every other week.

 

Basic Qualifications:

  • grade 12 education and training in administrative assistance;
  • knowledge of computer systems; and
  • adequate typing speed.

 

Skills and Abilities:

  • able to be discreet and to exercise excellent judgment in matters of ethics and confidentiality;
  • ability to work well with others in a team setting;
  • must have excellent communication and interpersonal skills, in particular in dealing with people in prison, lawyers, prison and parole officials;
  • must have ability to deal with distressed clients in a calm and respectful manner; and
  • must have a desire to assist those convicted of various crimes in a non-judgmental way, including those with mental health disabilities, those with low income, or those whose first language is not English.

 

Salary:  $41,490 (benefits after 6 months)

Closing date:  April 25, 2022

Starting date:  May 2022

Interested applicants should submit a covering letter describing why they would like to work in a social justice oriented organization that serves people in prison, together with a résumé outlining how their qualifications meet the position requirements to:

Jennifer Metcalfe, Executive Director
Prisoners’ Legal Services
Tel: (604) 853-3114
Fax:  (604) 853-1038
Email: jmetcalfe@pls-bc.ca