Medical professionals call for depopulation of prisons and jails

On April 6, 2020, Prisoners’ Legal Services and Dr. Claire Bodkin wrote to federal and BC provincial government authorities and health officers to share a letter, signed by over 100 doctors, nurses and other health providers across Canada, urgently calling for the depopulation of prisons and jails to prevent COVID-19 from wreaking havoc within Canada’s correctional facilities.
 
The letter highlights the medical vulnerability of incarcerated people in Canada, citing the high rates of chronic illnesses that put people at risk of severe complications from COVID-19, including cardiovascular disease, diabetes, tuberculosis, asthma and other respiratory diseases, and the large proportion of older people in custody. The letter also explains how the realities of the prison environment facilitate the spread of the virus. Together, the letter states, these factors create the perfect storm for COVID-19 transmission, illness and death.
 
At least 20 prisoners at four federal institutions have tested positive for COVID-19, with additional tests pending. At least one prisoner at the Okanagan Correctional Centre in BC has tested positive.
 
In the United States, where COVID-19 has been spreading rapidly throughout correctional facilities, prisoners have already died in Michigan, Ohio, Illinois, Louisiana, Georgia, Massachusetts and New York. At least 210 detainees and 60 staff at the Cook County Jail in Illinois have tested positive. At Rikers Island jail in New York, cases have soared, with at least 231 incarcerated people and 223 staff members testing positive. Ross MacDonald, Rikers’ Chief Physician, called it a “public health disaster unfolding before our eyes” and called for “the focus remain on releasing as many vulnerable people as possible.”
 
The window to act to prevent the spread of COVID-19 in correctional facilities is closing. We urge BC and Canada to heed the call of these health providers to stop admitting people to jails and prisons unless absolutely necessary and to release as many people as possible – especially those with chronic health conditions and those age 50 and above, so they may abide by public safety recommendations and self-isolate at home.
 

An updated version of the letter which includes additional health providers who have signed on since the letter was sent , can be found here.

 
Claire Bodkin, MD
Resident Physician, Family Medicine
McMaster University
 
 
Jennifer Metcalfe
Executive Director | Barrister & Solicitor
​Prisoners’ Legal Services
 

Call to action on the eve of National Indigenous Peoples Day

Today, Prisoners’ Legal Services called on the governments of Canada and British Columbia to take immediate and dramatic action to address the crisis of the over-representation of Indigenous prisoners.

Click here to see our open letter to government.

We make this call to action with other leaders in the legal community, including the Canadian Prison Law Association, the Indigenous Bar Association, the Criminal Trial Lawyers Association, the Alberta Prison Justice Society.

News Release: Report calls use of force practices in BC and federal prisons traumatic and harmful and makes recommendations for change

News Release: Report calls use of force practices in BC and federal prisons traumatic and harmful and makes recommendations for change

Burnaby BC

Today, the West Coast Prison Justice Society and Prisoners’ Legal Services (“PLS”) released Damage/Control: Use of force and the cycle of violence and trauma in BC’s federal and provincial prisons. The report analyzes law and policy governing the use of force by correctional officers in light of interviews with over 100 federal and provincial prisoners and makes 87 recommendations for change.

The report highlights the stories of 21 people who were subjected to acts of force in the custody of BC Corrections or Correctional Service Canada (“CSC”), including federal prisoner Joey. Joey, who like many people in custody has a history of trauma, began self-harming in prison as a coping mechanism. Because of his self-harm, Joey has been pepper-sprayed and forcibly removed from his cell by the Emergency Response Team, a group of officers in riot gear with pepper spray and shields. He has been isolated in empty, filthy cells with the lights on 24 hours per day and officers sitting outside threatening to pepper spray him if he hurts himself. Joey says these experiences were so traumatic that now, when he worries the Emergency Response Team is coming, he often waits with a razor blade to his throat or a noose wrapped around his neck.

“Joey’s case exemplifies the psychological harm done to prisoners when officers repeatedly rely on force. Using force rather than a therapeutic response has done nothing to stop his self-harm and only exacerbates his distress and thoughts of suicide. This terrible cycle indicates how misguided, counterproductive, and dangerous it is to use a punitive response against traumatized and vulnerable prisoners,” said Nicole Kief, Joey’s PLS legal advocate and the report’s author.

The report finds that both CSC and BC Corrections officers use force in response to prisoners in emotional distress and as a tool to coerce compliance, even when there is no immediate risk to safety. It argues that relying on physical force in these circumstances creates an adversarial environment that compromises safety and wellbeing for both prisoners and staff.

“This report is designed to bring prisoners’ stories to the forefront and highlight the way even ‘justified’ uses of force can create environments of mistrust, trauma and fear,” said Ms. Kief. “Eliminating acts of force, as far as possible, is to the benefit of BC Corrections and CSC, as well as to the people in their custody.”

As part of PLS’s review, BC Corrections made internal materials available to PLS, including video footage and internal reports about many use of force incidents. “We commend BC Corrections for their commitment to transparency and accountability,” said Ms. Kief. “It is unfortunate CSC was not equally transparent.” The report calls for greater public accountability when officers use force, recommending the BC Investigation and Standards Office review every use of force against prisoners in BC Corrections custody. It also calls for prisoners’ voices to be heard in use of force reviews and for prisoners to have access to their personal information when force is used against them.

The report also examines the role of prison medical professionals, who check prisoners for injuries after officers use force. “We found that policies fail to ensure prison medical staff meet their ethical obligations to act with undivided loyalty to their patients and to document and report signs of ill-treatment,” said Jennifer Metcalfe, PLS’s Executive Director.

The report makes 87 recommendations for change, including:

• Using force only when necessary to prevent imminent harm to a person, and never to coerce compliance.
• Limiting Emergency Response Teams to emergencies involving imminent threats of serious physical harm, such as hostage takings or riots.
• Providing officers with in-depth training on working with people with mental health disabilities, particularly when they work at treatment centres, on mental health units, on segregation units, and as members of Emergency Response Teams.
• Creating specialized officer-nurse teams to respond jointly to situations involving emotional or medical distress, following police-health partnerships in the community.
• Developing and expanding mechanisms for prisoners with serious mental health needs, including those who chronically self-harm, to reside at community psychiatric facilities.
• Authorizing the Investigation and Standards Office to review every use of force in BC Corrections facilities.

To view the report, click here.

Media contacts:

Nicole Kief, Legal Advocate
604-636-0470
nkief@pls-bc.ca

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