News Release: Indigenous Woman Files Human Rights Complaint About Discrimination Against Transgender People in Prison

by | Apr 12, 2023 | News, News Releases

Unceded Coast Salish Territories (Burnaby, British Columbia) – Today, Prisoners’ Legal Services (PLS) filed a human rights complaint on behalf of Fallon Aubee, a transgender Indigenous woman, against Correctional Service Canada (CSC).

Ms. Aubee is a residential school survivor who is currently incarcerated at Fraser Valley Institution for Women. She previously spent sixteen years in institutions designated for men, where she experienced physical violence, harassment, and sexual violence due to her gender identity.

Finally being able to live with other women has been very important for Ms. Aubee. However, CSC still refuses to recognize her gender identity in its electronic systems because she has not had gender-affirming genital surgery. The Offender Management System (OMS) and her electronic medical records continue to categorize her sex as “male.”

Ms. Aubee is challenging a CSC policy called Commissioner’s Directive 100 – Gender Diverse Offenders which states that an individual’s “sex” will be solely determined “by their current genitalia.”  The policy further states that a person’s “sex code in OMS will not change unless the offender undergoes gender-affirming surgery involving a change to their genitalia.” The OMS database is available to a large portion of CSC’s approximately 18,000 staff members. Many other agencies also have access to OMS.

While Ms. Aubee has been cleared for gender-affirming surgery, she has a heart condition that could impact her ability to proceed with it, especially given the long wait-times for surgery.  She has changed the gender marker on her birth certificate and undergone a legal name change, but continues to be classified as “male” by CSC.

Ms. Aubee states: “Seeing CSC continue to classify me as ‘male’ makes me feel like they are erasing my identity as a woman. Those four letters are a constant reminder that CSC does not view me as an equal to other women. Classifying me as ‘male’ also violates my privacy and dignity, since it reveals intimate details about my body in a very public way. I am challenging this policy not just for myself but for all transgender people in CSC custody.”

Nicole Kief, legal advocate for Ms. Aubee, states: “CSC’s policy relies on the incorrect idea that trans women who have not had gender-affirming surgery are not ‘real’ women. The view that trans people are always – or should be – progressing toward surgery is based on outdated theories of gender that pathologized and stigmatized transgender people. The policy undermines the dignity of trans people and puts their safety at risk by ‘outing’ them as trans.”

Emilie Coyle, Executive Director of the Canadian Association of Elizabeth Fry Societies, states: “The human rights of trans people were enshrined in our laws because there was a recognition that they must be protected. Ms. Aubee’s complaint helps us to understand how we can improve our practices to protect the rights of trans people who are incarcerated. Wherever we can evolve to better respect the dignity and humanity of some, the safer the world becomes for everyone. Ms. Aubee’s fight for dignity is a fight for the dignity of everyone.”

A copy of Ms. Aubee’s complaint can be found here.

Media Contacts:

Jessica Magonet
Staff Lawyer at Prisoners’ Legal Services
jmagonet@pls-bc.ca
604-636-0470

Nicole Kief
Legal Advocate at Prisoners’ Legal Services
nkief@pls-bc.ca
604-636-0470

Emilie Coyle
Executive Director at the Canadian Association of Elizabeth Fry Societies (CAEFS)
ecoyle@caefs.ca
613-316-6785

We’re hiring!

by | Feb 16, 2023 | News, Uncategorized

LEGAL ADVOCATE

Prisoners’ Legal Services, Burnaby, BC  

Prisoners’ Legal Services is looking for a passionate, problem solving, empathetic and dedicated advocate for the rights of people in prison with a focus on prison discipline.

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

The legal advocate position involves providing advocacy regarding prison legal issues. 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.

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 the cultural diversity of prisoners an asset.

Annual salary:  $58,615 (three-year term with possibility of renewal)

Closing date:  March 26, 2023

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/
West Coast Prison Justice Society

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.

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

by | Nov 21, 2022 | News, News Releases

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

by | Sep 29, 2022 | News Releases

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: