by Web Master | Apr 21, 2026 | News, News Releases, Uncategorized
New York – Today, a coalition of Indigenous governments and organizations and allies are in New York at the 25th Session of the United Nations Permanent Forum on Indigenous Issues to draw international attention to Canada’s increasing mass incarceration of Indigenous Peoples. The Assembly of First Nations, BC First Nations Justice Council, Black Lake Denesuline First Nation, Prince Albert Grand Council, Union of BC Indian Chiefs and Prisoners’ Legal Services are urging Canada to end to the mass incarceration of Indigenous Peoples.
Indigenous people represent 5% of the population in Canada but 33% of people in federal prisons. Half of all women in federal prisons are Indigenous. Indigenous people also spend more of their sentences in custody and are disproportionately exposed to the most punishing and damaging aspects of prison, including solitary confinement, and are over-represented in self-harm injuries and deaths by suicide in prison. Legal provisions that would allow Indigenous people to serve their sentences in Indigenous communities are under-funded and rarely used.
Canada is called on to redirect one third of Correctional Service Canada’s approximately $3 billion annual budget – or $1 billion annually – to Indigenous governments and organizations to decarcerate Indigenous Peoples in a manner consistent with the United Nations Declaration on the Rights of Indigenous Peoples.
Assembly of First Nations National Chief Cindy Woodhouse-Nepinak states:
There is no justice for First Nations in Canada’s so-called justice system. First Nations are massively over-policed and over-incarcerated as a result of systemic discrimination. This reality has been confirmed by countless Canadian justice inquiries and by UN human rights reports, over decades.
First Nations continue to condemn this systemic discrimination, and insist on effective corrective action. Likewise, the massive apprehension of First Nations children under provincial and territorial child welfare laws is a part of this systemic discrimination as Chief Willie Littlechild has said many times. The so-called child welfare system is a pipeline that funnels our children into conflict with the law and often places their welfare at risk. Governments at all levels in Canada must follow the lead of First Nations to restore our ways of justice, healing, and reconciliation.
BC First Nations Justice Council Chair Hemas Kla-Lee-Lee-Kla, Kory Wilson states:
At the British Columba First Nations Justice Council – we know what works. Our Indigenous-led justice programs are preventing recidivism, supporting healing, and improving safety in communities. We know how to decrease the overrepresentation of Indigenous people in the Criminal Justice System and how to move Indigenous people towards self-determination. The issue is not a lack of solutions; it is a lack of sustained investment and authority in Indigenous-led solutions. If Canada is serious about ending the overrepresentation of Indigenous Peoples in the Criminal Justice System, it must invest in and scale what is already working, and support Indigenous governments to lead.
Prince Albert Grand Council Grand Chief Brian Hardlotte states:
For decades, Canada has promised to reduce the overrepresentation of Indigenous Peoples in prison, yet today we make up just 5% of the population and one-third of those in federal custody, and half of incarcerated women. This is systemic racism rooted in colonialism, not individual failure. The case of Joey Toutsaint, a member of Black Lake Denesuline First Nation, held for over 3,000 days in intermittent solitary confinement in violation of the UN Nelson Mandela Rules, shows the profound harm this system continues to inflict on Indigenous Peoples. These conditions are driving disproportionate rates of self-harm and suicide and constitute a serious threat to the health and wellbeing of Indigenous Peoples. In accordance with the United Nations Declaration on the Rights of Indigenous Peoples, Canada must work in true partnership with First Nations to support self-determined approaches to justice, community safety, and healing by transferring resources and authority to Indigenous governments. The solution is clear, respect our right to self-determination and end the mass incarceration of Indigenous Peoples.
Union of BC Indian Chiefs Women’s Representative Katisha Paul states:
The Union of B.C. Indian Chiefs is calling out Canada’s mass incarceration of Indigenous Peoples as a continuation of colonial violence. From the ground at the United Nations Permanent Forum on Indigenous Issues, we condemn the overrepresentation of Indigenous women, men, youth, and Two-Spirit relatives in prison as unacceptable and reflective of deep systemic failures. Real solutions require the transfer of resources, jurisdiction, and authority to First Nations governments to lead restorative justice and healing in our territories with our own Nation-based, specific approaches.
For more information, see our information sheet and Prisoners’ Legal Services’ report Decarceration through Self-Determination: Ending the mass incarceration of Indigenous people in Canada.
Media contacts:
Jennifer Duncan
Barrister & Solicitor
JDuncan@duncanco.ca
778-840-8212
Cherish Francis
Press Secretary
Office of the National Chief
Assembly of First Nations
(343) 630-1372 (mobile)
cfrancis@afn.ca
Natalie Martin
Director of Communications
BC First Nations Justice Council
natalie.martin@bcfnjc.com
Katisha Paul
Women’s Representative
Union of BC Indian Chiefs
womensrep@ubcic.bc.ca
Nicole Kief
Executive Director, Prisoners’ Legal Services
nkief@pls-bc.ca
by Web Master | Feb 24, 2026 | News, News Releases
Federal Court application alleges Charter violations in withholding results of internal investigations
FOR IMMEDIATE RELEASE
February 24, 2026
Burnaby, BC – Unceded territories of the xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), səlilwətaɬ (Tsleil-Waututh) and qiqéyt (Qayqayt) Nations
Today, two individuals with lived experience of incarceration filed a case in Federal Court against Correctional Service Canada (CSC), challenging the agency’s practice of withholding the results of internal reviews when prison officers use force against incarcerated people.
When CSC officers use force, an internal directive — Commissioner’s Directive 567-1 — requires a review to determine whether the officers’ actions complied with the law and with CSC policy. However, the person subjected to force is not informed of the outcome of that review, even when violations are identified.
As a result, the only way an affected person can access CSC’s findings is by filing a request under access to information or privacy legislation. These requests are frequently delayed, sometimes for months or even years, due to chronic backlogs. In practice, this makes it extraordinarily difficult for incarcerated individuals to challenge the use of force, assert their legal rights, or hold CSC accountable.
The litigation, filed in Federal Court, is an application for judicial review of CSC’s use-of-force directive. The applicants will argue that withholding the results of these reviews from the individuals directly affected violates their rights under the Canadian Charter of Rights and Freedoms.
The applicants are represented by Conway Baxter Wilson LLP, with support from Prisoners’ Legal Services.
Media Contacts:
Nicole Kief
Executive Director
Prisoners’ Legal Services
nkief@pls-bc.ca
604-636-0470
Siobhan Morris
Associate
Conway Baxter Wilson LLP
SMorris@conwaylitigation.ca
613.369.2000
by Web Master | Apr 14, 2025 | News, News Releases
CPSBC has published a new practice standard, Treating Incarcerated Patients in Isolation, that highlights expectations for physicians who work in corrections to minimize health impacts related to solitary confinement.
The practice standard is based on the United Nations Mandela Rules, which outline principles for the dignified treatment of incarcerated people, including prohibitions on the use of isolation for people with an existing mental health disability and for anyone after 15 days. Research and patient cases have shown that isolation can be detrimental to health, causing and exacerbating symptoms of mental illness.
The practice standard supports CPSBC’s commitment to stop the cycle of Indigenous-specific racism. Over-incarceration of Indigenous Peoples is rooted in historical injustices, systemic racism, and the enduring impacts of colonialism. Indigenous Peoples often face harsher conditions, which can lead to severe mental and physical health consequences.
“While we know that physicians who work in corrections do not make decisions about an incarcerated person’s placement, the new practice standard is a tool that can assist their efforts to remove patients from harmful conditions of isolation,” said Dr. Patrick Rowe, registrar and CEO of CPSBC. “We expect physicians to balance their professional duties with their ethical obligations, and to prioritize human dignity and safety.”
The practice standard was developed in close collaboration with Prisoners’ Legal Services (PLS), who represented Brent Crane in a complaint related to the role of a physician in his prolonged segregation in a BC correctional centre, and a Health Professions Review Board (HPRB) decision – BCHRPB 39. Rather than proceeding with a further review by the HPRB, CPSBC, Brent Crane and PLS agreed that the development of a practice standard would more constructively and prospectively address the concerns that were identified.
“Solitary is considered torture or cruel treatment by the United Nations if it is used for more than 15 days, or for any amount of time for someone with a mental health disability. Solitary can be fatal. CPSBC’s new practice standard is a significant first in Canada, requiring BC physicians who care for incarcerated people to comply with the Mandela Rules and to recommend the removal of a person from isolation if their mental health is negatively impacted, if they have an existing mental health disability or if they have been in solitary for more than 15 days,” said Jennifer Metcalfe, counsel for Brent Crane and past Executive Director of PLS.
“Segregation was really hard on my mental health. I am glad that physicians will have to be aware of how harmful segregation is. I hope this practice standard will prevent other people from suffering the way I did in isolation,” said Brent Crane.
The new practice standard was approved by CPSBC’s board and is now published on the website. Other medical regulators in Canada have shown interest in adopting a similar standard.
CPSBC acknowledges the efforts of those physicians working in corrections who reviewed drafts of the standard and provided their expertise, as well as the Indigenous lawyers and other advocates who work with incarcerated people who offered feedback throughout the development process.
Media inquiries:
Communications and Public Affairs, CPSBC communications@cpsbc.ca
Jennifer Metcalfe jennifer.e.metcalfe@outlook.com
Nicole Kief, Executive Director, PLS nkief@pls-bc.ca
by Web Master | Oct 11, 2024 | News, News Releases
Unceded Coast Salish Territories (Vancouver, British Columbia) – Beginning on October 15, 2024, the Canadian Human Rights Tribunal will hear a historic case about the rights of Deaf people in federal prison.
It is widely acknowledged that Deaf people in prison face extreme isolation, which has severe psychological effects and makes it much harder for them to access and succeed on parole. Correctional Service Canada (“CSC”) currently has no policy outlining how they will accommodate people with disabilities in prison, and in particular people who are Deaf. They also have no policy on when ASL interpreters will be provided, leaving many Deaf people in prison without access to effective communication. Further, the Video Relay Service (“VRS”), which is how Deaf people in the community use the telephone, is not available in prison. Instead, Deaf people in federal prison use teletypewriter (“TTY”), a cumbersome and outdated technology that often scrambles messages.
This human rights case is brought by a Deaf Métis man who experienced intense isolation in federal prison due to CSC’s failure to provide sufficient access to ASL interpreters and access to VRS. This failure interfered with his ability to maintain contact with his family, receive medical services, take part in Indigenous cultural and spiritual practices, work with prison staff, succeed in the community, communicate with legal counsel, and participate in the daily life of prison. Dr. Debra Russell, the honorary president of the World Sign Language Interpreters Association, will provide expert testimony during the hearing.
Jennifer Metcalfe, Executive Director of Prisoners’ Legal Services (“PLS”), states: “CSC has a duty to accommodate Deaf people in prison. It must immediately take steps to ensure that Deaf and hard of hearing people have adequate access to ASL interpreters, and it must implement VRS in prisons across the country.”
The Complainant is represented by Brodie Noga and Katie Ussher of Osler, Hoskin & Harcourt and Jessica Magonet and Lisa Crossley of PLS.
For details on how to observe the hearing in person or virtually, please contact the Tribunal: https://www.chrt-tcdp.gc.ca/en/human-rights/human-rights-public-hearings. The hearing will run from October 15-18, 2024 and October 28-November 1, 2024.
Media Contacts:
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.
