by Web Master | Dec 17, 2021 | Submissions
Today, Prisoners’ Legal Services wrote to Correctional Service Canada Commissioner Anne Kelly asking for policy reform to prohibit correctional officers from cutting the clothes off people in prison, and preventing correctional officers from being present on living units in treatment centres, unless called in by health care staff. Click here to see the letter.
by Web Master | Dec 17, 2021 | News Releases
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
by Web Master | Dec 16, 2021 | News Releases
Burnaby BC – Today, Prisoners’ Legal Services filed a human rights complaint on behalf of Perry DeFazio against the Correctional Service Canada for discrimination based on mental health disability.
Perry has been diagnosed with schizophrenia and has a history of self-harm and suicide attempts. He is a survivor of childhood physical and sexual abuse.
On January 28, 2020, Perry was put in an isolation cell for suicide monitoring at Correctional Service Canada’s Regional Mental Health Centre in Quebec. Correctional officers forcibly tackled Perry, held him down on the bed and cut off his clothes.
Later the same day, Perry was strapped to Pinel restraints to prevent self-harm, where he was taunted by a correctional officer. He spent hours in the restraints. A nurse saw that his foot was injured and asked officers to adjust the straps. An officer accused Perry of spitting at him, although officers were wearing face shields. An officer then punched Perry in the head twice. Another officer hit him in the face three times. He was eventually taken to the hospital where he saw in a mirror that his face was swollen like a balloon. Hospital records confirm that officers used so much force that the bone around Perry’s eye was fractured and his nose was injured.
“I feel traumatized and I am afraid when guards come near me” Perry says in his complaint. He also describes experiencing anxiety attacks.
The Correctional Service Canada reviewed the use of force and concluded that the force was not necessary or proportionate. The Office of the Correctional Investigator confirmed these findings.
“It is appalling that physical violence is used at a Treatment Centre against someone in emotional distress. Treatment centres should be safe and therapeutic environments where people are treated compassionately by health care professionals. Instead we see people facing isolation and violence when they feel suicidal,” said Jennifer Metcalfe, executive director of Prisoners’ Legal Services.
CSC health care staff did not speak with Perry about this violent experience, or help him to process it.
“Trust is an essential foundation to any therapeutic health care relationship. How can people in prison have trust with mental health care providers if they fail to acknowledge the trauma of these kinds of abusive practices?” said Jennifer Metcalfe.
Prisoners’ Legal Services takes the position that correctional officers should not be on living units of treatment centres unless called in by health care staff for assistance, and that interventions for people in emotional distress should be led by health care staff.
Media contact:
Jennifer Metcalfe
604-636-0470
by Web Master | Sep 29, 2021 | News, News Releases, Uncategorized
BURNABY, BC – September 29, 2021
Today, Prisoners’ Legal Services released a paper documenting government reports that confirm Canada’s treatment of Indigenous people held in its prisons constitutes a continuation of genocide and crimes against humanity.
Indigenous people in prison are more likely to be held in maximum security and solitary confinement. They are more likely to have violence used against them by correctional officers. Indigenous people in prison have high rates of death by homicide, suicide attempts and self-harm.
The Canadian government spends more than half-a-billion dollars each year imprisoning Indigenous people, while it denies funding to Indigenous communities to provide healing services and significantly under-funds Indigenous-run healing lodges.
On the National Day for Truth and Reconciliation, Prisoners’ Legal Services calls on Canada to end the genocidal practice of incarcerating Indigenous people in prisons, and calls on Canada to ensure Indigenous communities have the resources to provide healing alternatives to imprisonment.
Leading up to the National Day for Truth and Reconciliation, Prisoners’ Legal Services has received reports from Indigenous people that correctional officers have been making racist remarks, including that the reports of unmarked graves identified at the sites of former residential schools are “fake news” and “propaganda” and that Indigenous people should “let it go”.
These remarks were made to people who are experiencing the very real pain and intergenerational trauma of genocide, in an environment where every aspect of their lives is controlled by the state.
“There is hypocrisy in creating a national holiday in the spirit of truth and reconciliation with Indigenous people while Canada actively engages in the mass-incarceration of Indigenous people. We can’t have truth until Canada acknowledges these ongoing atrocities, and we can’t have reconciliation until we stop denying Indigenous nations and communities the ability to heal,” said Jennifer Metcalfe, executive director of Prisoners’ Legal Services.
Media contact:
Jennifer Metcalfe
604-636-0470
jmetcalfe@pls-bc.ca
by Web Master | Sep 10, 2021 | News, Submissions, Uncategorized
On September 2, 2021, Prisoners’ Legal Services presented to the BC Select Standing Committee on Finance and Government Services. You can read our written submission here.
