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:

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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

 

Letter to Commissioner Anne Kelly regarding correctional officers on treatment centre living units and officers cutting clothes off people in prison

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.