Prisoners’ Legal Services Applauds BC Corrections’ New Trans Policy

Prisoners’ Legal Services applauds BC Corrections decision to amend its policy on transgender prisoners to comply with human rights law. The new policy is similar to the policy implemented by the Ontario Correctional service, which requires:

  • placement according to gender, unless there are overriding health or safety concerns that cannot be resolved;
  • transgender prisoners to be given the opportunity to choose the gender of officers performing frisk or strip searches;
  • transgender prisoners to retain personal items necessary to express their gender and to be provided preferred institutional clothing;
  • transgender prisoners to be integrated into the general population, rather than in solitary confinement, unless there are proven overriding health and safety concerns which cannot be resolved;
  • transgender prisoners to be given private shower and toilet facilities;
  • transgender prisoners to be addressed by their preferred names and gender pronouns verbally and in written documents; and
  • training and education for staff on gender identity and expression.

BC’s new policy goes further to protect the rights of transgender prisoners by prohibiting double bunking (sharing a cell) if a transgender prisoner is ever housed according to their birth sex, allowing prisoners to order canteen items according to their gender, and providing training to prisoners if appropriate.

BC Corrections consulted with Prisoners’ Legal Services in developing its new transgender prisoner policy. Prisoners’ Legal Services believes the policy may be the best example of any jurisdiction in Canada and the world for the accommodation of transgender prisoners. BC transgender prisoners are now protected by policy from being put at risk of sexual harassment and assault, and are now afforded the dignity and equality that all people deserve.

Prisoners’ Legal Services
302-7818 6th Street

Burnaby, BC

Tel: 604-636-0470
Fax: 604-636-0480

Email: info@pls-bc.ca

We are grateful for the
funding provided by

How to Show Your Support

Help us to continue to fight for the human rights of prisoners in BC! PLS is currently litigating the important systemic issues of the segregation of prisoners with mental disabilities, access to health care, transgender prisoner rights, and access to religion and Indigenous spirituality. We need help to continue to do this important work. Donations to West Coast Prison Justice Society are non-charitable and are not tax deductible.

 

Donations can be made to
West Coast Prison Justice Society

Or by PayPal:

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Please call us at 604-636-0470 or email us at  info@pls-bc.ca if you would like to discuss your donation.

Thanks for your support!

Open letter to Public Safety Minister, the Hon. Mr. Ralph Goodale

Open letter to Public Safety Minister, the Hon. Mr. Ralph Goodale

Open letter to Public Safety Minister, the Hon. Mr. Ralph Goodale

Prisoners’ Legal Services congratulates Prime Minister Justin Trudeau and his team on their election win. We look forward to working with the Minister of Public Safety, the Hon. Mr. Ralph Goodale, to restore a correctional system to one that is evidence-based, that focusses on the rehabilitation of prisoners and that respects the human rights and dignity of all members of society.

Prisoners’ Legal Services is the only legal aid clinic for prisoners in Canada. We assist federal and provincial prisoners in British Columbia with issues that affect their liberty and human rights.

The Harper regime’s “tough on crime” agenda has set Canada down the road toward disaster from which the Americans are now desperately trying to retreat. Canada’s penal policy is no longer in line with international standards for the minimum treatment of prisoners.

Prisoners’ Legal Services calls on parliament to:

  • Review and revise the government’s approach to public safety;
  • Make legislative amendments to the Corrections and Conditional Release Act so that its purpose and principles again reflect the Charter and the jurisprudence;
  • Repeal all elements of former Bill C-479 that delay parole and detention reviews;
  • Reinstating automatic parole suspension hearings;
  • Address what the Supreme Court of Canada has described as “a crisis in the criminal justice system” and the “staggering injustice” of over representation of Aboriginal people in federal custody;
  • Re-appoint Mr. Howard Sapers as the Correctional Investigator of Canada;
  • Make appointments to lead the Correctional Service of Canada and the Parole Board of Canada that reflect Canada’s commitment to human rights standards and to reintegration;
  •  End long-term solitary confinement and the use of solitary confinement on prisoners who suffer from mental disabilities, in accordance with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules);
  •  Increase mental and physical health services to prisoners;
  •  Improve harm reduction strategies in prisons;
  •  Appropriately accommodate transgender prisoners;
  •  Establish an effective and timely grievance system for prisoners;
  •  Review the procedure for record suspensions (pardons) to ensure that it is timely and accessible in order to prevent delays that are a barrier to ex-offenders finding employment and successfully reintegrating as law abiding citizens;
  •  Increase prisoner access to rehabilitative programs;
  •  End the policy of keeping prisoners sentenced to life in maximum security for the first two  years of their sentences, regardless of their actual security risk; and
  • Restore reporting requirements for life parolees who have been in the community for 10 years to once per year.

Prisoners’ Legal Services understands that it will take a great deal of planning to undo the harm to the prison system done by the Harper regime. We look forward to consulting with the Ministry along with other stakeholders on how best to address these issues in the future.

Prisoners’ Legal Services
302-7818 6th Street

Burnaby, BC

Tel: 604-636-0470
Fax: 604-636-0480

Email: info@pls-bc.ca

We are grateful for the
funding provided by

How to Show Your Support

Help us to continue to fight for the human rights of prisoners in BC! PLS is currently litigating the important systemic issues of the segregation of prisoners with mental disabilities, access to health care, transgender prisoner rights, and access to religion and Indigenous spirituality. We need help to continue to do this important work. Donations to West Coast Prison Justice Society are non-charitable and are not tax deductible.

 

Donations can be made to
West Coast Prison Justice Society

Or by PayPal:

Donate Button with PayPal

Please call us at 604-636-0470 or email us at  info@pls-bc.ca if you would like to discuss your donation.

Thanks for your support!

WCPJS at the Supreme Court of Canada!

WCPJS at the Supreme Court of Canada!

WCPJS at the Supreme Court of Canada!

The West Coast Prison Justice Society/Prisoners’ Legal Services thanks lawyers Greg Allen and Ken Leung for generously and skillfully representing us as intervenors at the Supreme Court of Canada in R v Safarzadeh-Markhali.

This case challenges  a provision of the Truth in Sentencing Act, which was enacted as part of the Harper government’s “tough on crime” agenda. The provision prohibits a trial judge from giving more than one-for-one pretrial credit if a justice of the peace denies bail to the person because of a previous conviction.

Great job Greg and Ken! We are most grateful for your assistance.

To watch the webcast, click here.

Prisoners’ Legal Services
302-7818 6th Street

Burnaby, BC

Tel: 604-636-0470
Fax: 604-636-0480

Email: info@pls-bc.ca

We are grateful for the
funding provided by

How to Show Your Support

Help us to continue to fight for the human rights of prisoners in BC! PLS is currently litigating the important systemic issues of the segregation of prisoners with mental disabilities, access to health care, transgender prisoner rights, and access to religion and Indigenous spirituality. We need help to continue to do this important work. Donations to West Coast Prison Justice Society are non-charitable and are not tax deductible.

 

Donations can be made to
West Coast Prison Justice Society

Or by PayPal:

Donate Button with PayPal

Please call us at 604-636-0470 or email us at  info@pls-bc.ca if you would like to discuss your donation.

Thanks for your support!

Open letter to Public Safety Minister, the Hon. Mr. Ralph Goodale

Prisoners’ Legal Services Calls on Health Care Professionals to Stand Up Against Solitary Confinement in Canada

Prisoners’ Legal Services Calls on Health Care Professionals to Stand Up Against Solitary Confinement in Canada

Prisoners’ Legal Services (PLS) is rallying federal and BC health services bodies to develop policy to stop the abuse of solitary confinement in Canadian prisons.

The United Nations passed the UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules) on May 22, 2015. These rules prohibit the use of solitary confinement for more than 15 days for anyone, as it constitutes “torture or other cruel, inhuman or degrading treatment or punishment”. The rules also prohibit the use of solitary confinement on prisoners with mental or physical disabilities that would be exacerbated by solitary confinement.

Both the Correctional Service of Canada and BC Corrections allow prisoners with mental disabilities to be segregated. Neither jurisdiction has a limit on the length of time that prisoners may be held in solitary confinement.

PLS is aware of prisoners with mental disabilities being held in solitary confinement for extended periods of time, in some cases while certified under the Mental Health Act. Health care professionals generally interview prisoners through their solitary confinement cell doors where other prisoners and guards can hear the interview. Psychological assessments tend to be cursory and to focus on risk of suicide or self-harm. There is no requirement that prisoners be removed from solitary confinement if there are health care concerns regarding a prisoner’s mental wellbeing.

PLS calls on the Canadian Medical Association, the Canadian Psychological Association, the Canadian Nurses Association, the BC College of Physicians and Surgeons, the BC College of Psychologists and the BC College of Registered Nurses to issue policy directives to their members clarifying that medical professionals are prohibited from playing any role in the solitary confinement of prisoners.

Click here to see PLS’ letter to the Canadian Medical Association.

PLS also requests policy that would require medical professionals to report the use of solitary confinement on prisoners with mental disabilities or solitary confinement for more than 15 days to the applicable regulatory College of Physicians, federal Correctional Investigator or provincial Investigation and Standards Office, and the federal or provincial Minister of Justice, as required by the Mandela Rules.

Prisoners’ Legal Services
302-7818 6th Street

Burnaby, BC

Tel: 604-636-0470
Fax: 604-636-0480

Email: info@pls-bc.ca

We are grateful for the
funding provided by

How to Show Your Support

Help us to continue to fight for the human rights of prisoners in BC! PLS is currently litigating the important systemic issues of the segregation of prisoners with mental disabilities, access to health care, transgender prisoner rights, and access to religion and Indigenous spirituality. We need help to continue to do this important work. Donations to West Coast Prison Justice Society are non-charitable and are not tax deductible.

 

Donations can be made to
West Coast Prison Justice Society

Or by PayPal:

Donate Button with PayPal

Please call us at 604-636-0470 or email us at  info@pls-bc.ca if you would like to discuss your donation.

Thanks for your support!

CSC fails to bring transgender policy in line with international standards

May 21, 2015

The Correctional Service of Canada (CSC) has ignored the most significant recommendations for respecting the rights of transgender prisoners made by Prisoners’ Legal Services (PLS).

Over a year after PLS provided CSC with policy recommendations  regarding transgender prisoners, CSC has amended its policies with only minor changes that will have no positive impact on the lives of trans prisoners.

According to CSC policy, pre-operative trans women prisoners in Canada are forced to live in men’s prisons, which often results in women being sexually assaulted by male prisoners. Trans women prisoners may be forced to double bunk with male prisoners, they can be forced to be frisked, strip searched and urinalysis tested by male officers, and are not provided private shower facilities. Trans prisoners often have difficulty ordering personal effects according to their genders such as make up or deodorant. Despite PLS’ recommendations on each of these issues, the minor amendments to CSC policy that came into effect on April 27, 2015 have not changed any of these policies.

These significant human rights were recently protected by the Ontario Correctional Service which now allows trans prisoners to choose who will perform searches, requires trans prisoners to be housed according to their preference (unless there are proven overriding health or safety concerns), provides that trans prisoners must not be isolated (unless there are proven overriding health and safety concerns), allows trans prisoners to retain personal items, and provides for private shower and toilet facilities. The Ontario policy also provides for a comprehensive staff training program.

CSC policy continues to require trans prisoners who would otherwise qualify for sex reassignment surgery to live according to their genders in the community for 12 consecutive months. Prisoners who have been in custody for all or most of their adult lives are not able to meet this test, and for this reason will never be able to have their bodies reflect their genders, or live in an institution according to their genders, unless they are granted conditional release or reach their warrant expiry dates.

CSC also ignored PLS’ recommendation to abide by the international Standards of Care for the Health of Transsexual, Transgender, and Gender- Nonconforming People published by the World Professional Association for Transgender Health, regarding qualification for sex reassignment surgery. According to the Standards of Care, prisoners can qualify for sex reassignment surgery after living the “real life experience” of living according to one’s gender while in prison. This is also consistent with American case law that has found that a person can have a real life experience in prison (see Kosilek v. Spencer, 2012). It has also been adopted by the US Department of Justice, Federal Bureau of Prisons.

Prisoners’ Legal Services
302-7818 6th Street

Burnaby, BC

Tel: 604-636-0470
Fax: 604-636-0480

Email: info@pls-bc.ca

We are grateful for the
funding provided by

How to Show Your Support

Help us to continue to fight for the human rights of prisoners in BC! PLS is currently litigating the important systemic issues of the segregation of prisoners with mental disabilities, access to health care, transgender prisoner rights, and access to religion and Indigenous spirituality. We need help to continue to do this important work. Donations to West Coast Prison Justice Society are non-charitable and are not tax deductible.

 

Donations can be made to
West Coast Prison Justice Society

Or by PayPal:

Donate Button with PayPal

Please call us at 604-636-0470 or email us at  info@pls-bc.ca if you would like to discuss your donation.

Thanks for your support!