Prisoners’ Legal Service and the Criminal Defence Advocacy Society of BC presents
The Realities of Prison or Jail Time in BC
June 19, 2024 at 4:30 – 6 p.m. PT
Join Prisoners’ Legal Services and the Criminal Defence Advocacy Society (CDAS) for this free webinar to learn more about the realities of what it means to be sentenced to federal prison or provincial jail time in BC, the conditions in BC remand centres for people denied bail, and advice for lawyers advocating for clients in these situations. We will share helpful information and resources, including:
the likelihood of receiving parole before statutory release dates;
the availability of rehabilitative programs, treatment for drug and alcohol use, health care, mental health supports, and cultural and spiritual services, particularly for Indigenous people;
the kinds of human rights abuses that are common in prison, such as solitary confinement and violence, and issues faced by marginalized groups, including BIPOC, Deaf, trans, Two-Spirit and gender diverse people;
sources for statistics, reports, and other authoritative information about prison and jail conditions;
tactical considerations for lawyers when communicating with prison officials and advocating for a client’s rights in custody; and
steps lawyer should take before, during, and after a client’s sentencing hearing to protect their client’s interests and prepare them for federal or provincial custody.
Prisoners’ Legal Services administers prison related legal aid to people in federal and BC custody. We assist people with issue that affect their liberty rights under s. 7 of the Charter as well as human rights and health care issues. We assist people with about 3,000 legal issues each year. Find us online at: prisonjustice.org.
CDAS is engaged in advocacy, law reform, and education in matters relating to criminal defence work in the justice system. The Society was founded in 2015 by members of the BC criminal defence bar who identified a gap in the area of law reform for criminal justice issues specifically affecting criminal defence lawyers and their clients. Find out more at cdasociety.com.
Receptionist/Administrative Assistant Prisoners’ Legal Services, Burnaby, BC
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: $46,266 (benefits after 6 months) Closing date: October 30, 2023 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
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.
Unceded Coast Salish Territories (Burnaby, British Columbia) – Ed Speidel, an incarcerated person at Matsqui Institution represented by Prisoners’ Legal Services (PLS), was granted parole on September 28, 2023. In deciding to grant Mr. Speidel’s application, the Parole Board considered his serious health issues, including a diagnosis of end-stage lung disease, in determining that his release was warranted. PLS has spent the past 6 months fighting for Mr. Speidel’s release.
PLS will continue to represent Mr. Speidel in a Federal Court case against the Parole Board of Canada regarding the interpretation of s. 121(1) of the Corrections and Conditional Release Act with the goal of ensuring that all incarcerated people in Canada have the right to a parole review at any time if they are terminally ill, suffering excessive hardship, or if their confinement is seriously damaging their health. Currently, people in these circumstances may be subject to wait up to a year before the Parole Board will accept their application for parole, which is antithetical to the compassionate and humanitarian grounds underlying this provision.
Lisa Crossley represented Mr. Speidel at his parole board hearing as well as a previous unsuccessful application for parole by exception, before he was eligible for a regular parole review. “We are so relieved that the Board has finally recognized that Mr. Speidel does not pose a risk to the community. It shouldn’t have taken this long,” said Lisa Crossley.
Media contact:
Lisa Crossley, Staff Lawyer
lcrossley@pls-bc.ca
604-636-0470
Geneva – Today, Dene lawyer Jennifer Duncan is in Geneva leading up to Canada’s 4th Universal Periodic Review (UPR) Pre-Session to draw international attention to Canada’s continued mass incarceration of Indigenous people. Jennifer Duncan is voicing the calls of the BC First Nations Justice Council (BCFNJC), the BC Assembly of First Nations (BCAFN), the Union of BC Indian Chiefs (UBCIC) and Prisoners’ Legal Services (PLS) for an end to the mass incarceration of Indigenous people as part of the United Nations’ review of Canada’s human rights record.
Indigenous people represent 5% of the population in Canada but 32% 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.
The UPR allows United Nations member states to review the human rights records of their peers. Canada’s UPR pre-session is on August 31, 2023, in advance of the review in Geneva in November 2023 at the meeting of the United Nations Human Rights Council.
The BCFNJC, BCAFN, UBCIC and PLS call on Canada 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 people in a manner consistent with the United NationsDeclaration on the Rights of Indigenous Peoples.
Kory Wilson, Chair of the BCFNJC states, “The status quo is untenable. Study after study, commission after commission – the conclusions are the same: the Canadian justice system is failing our people at every turn. The BC First Nations Justice Council asserts, in no uncertain terms, that the mass incarceration of our people is a human rights crisis. We ask that all levels of government engage in work that will ensure systemic change, advance our First Nations Justice Strategy and to see Indigenous communities, Elders, children, and families thriving in peace and security, their dignity and well-being supported by a trusted and representative justice system grounded in traditional knowledge.”
BCAFN Regional Chief Terry Teegee states, “The Canadian criminal justice system is a colonial institution designed to extinguish First Nations peoples and our inherent rights. This framework continues to create and maintain violence against our communities. The over-incarceration and well-documented mistreatment of First Nations individuals in custody are pervasive issues, and must be urgently addressed at all levels of government. In alignment with the United Nations Declaration on the Rights of Indigenous Peoples, Canada must work with First Nations to support self-determined approaches to wellness, community safety, and justice. Support from the international community is essential to holding the Canadian government to account for its oppressive and discriminatory treatment of Indigenous Peoples. Together, we can work towards a future where equity, respect, and dignity prevail for all.”
UBCIC Grand Chief Stewart Phillip said: “Canada’s archaic and racist prison system is guilty of genocide by the Convention on the Prevention and Punishment of the Crime of Genocide which came into force at the UN in 1951; the year we were legally allowed to potlach again. Canada has yet to be held accountable for committing genocide against Indigenous peoples in Canada and the Canadian government are so far behind in human rights, that they continually pour money into decrepit buildings and train people to enforce inhumane and barbaric forms of punishment and don’t bat an eye. Ahead of Canada’s review, we will be watching, and we will be working together to ensure that our inherent and human Indigenous rights are respected in Canadian-owned and operated prisons.”
Jennifer Metcalfe, Executive Director of PLS said: “We have heard countless stories of warehousing and abuse of Indigenous people in prison. Our client Joey Toutsaint, a member of the Black Lake Denesuline First Nation, was held for more than 2,180 days in solitary confinement and has reported that prison officers have repeatedly encouraged him to kill himself. The solution cannot be to invest more money in Correctional Service Canada prisons and initiatives, but to recognize Indigenous self-determination and redirect funding and authority to Indigenous governments and organizations to address violence and harm.”
Prisoners’ Legal Services is looking for passionate, problem solving, empathetic and dedicated advocates for the rights of people in prison.
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 involving liberty rights, health care and human rights. 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 an asset.
Salary: $60,975 (two and a half-year term with possibility of renewal) Closing date: September 1, 2023 Start date: ASAP
Interested applicants should submit a covering letter and résumé outlining how their qualifications meet the position requirements to:
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.
[Warning, this post includes graphic violence that may be disturbing to some readers/viewers.]
Unceded Coast Salish Territories (Burnaby, British Columbia) – Today, Nicholas Dinardo, a Two-Spirit Indigenous person in federal custody, makes public a video of Correctional Service Canada (CSC) officers breaking their arm in an excessive use of force. You can watch the video here (there is no audio to the video):
Mx. Dinardo obtained this and other use of force videos after filing Privacy Act requests for them, and taking CSC to Federal Court when they failed to release them well after the expiry of legislative time limits.
The video depicts an incident from May 30, 2021 at Port-Cartier Institution, where guards broke Mx. Dinardo’s arm by twisting it violently behind their back, after kicking and pushing them into their cell. Mx. Dinardo did not receive an X-ray until several days after this incident, which confirmed their arm was broken. CSC’s own internal review of this incident characterized this force as unnecessary and disproportionate. CSC Commissioner Anne Kelly has convened a National Board of Investigation to investigate this incident.
Throughout Mx. Dinardo’s imprisonment, CSC officers have repeatedly used force against them. Mx. Dinardo has been attempting to obtain the videos depicting these incidents for years, placing their first Privacy Act request for use of force records in December 2019. In September 2022, they filed lawsuits in Federal Court to force CSC to grant access to their personal information, arguing that CSC’s delays and refusals have violated their rights under the Privacy Act and the Charter.
Mx. Dinardo has also filed two human rights complaints against CSC for discriminating against them on the basis of their Indigenous identity, gender identity, religion, and mental disability. These complaints are ongoing.
Mx. Dinardo says: “I am relieved to finally have these videos so the world can see the violence and injustice I have experienced in prison. But the struggle is far from over. CSC has only released a fraction of the records I requested and am entitled to. Our court case continues.”
Jennifer Metcalfe, Executive Director of Prisoners’ Legal Services, says: “Access to information and videos regarding the government’s use of violence against people in prison is essential if we are going to have a prison system based on transparency and accountability. These rare glimpses of state violence behind prison walls should outrage the public.”
Mx. Dinardo is represented in their Federal Court 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 Privacy Act case and human rights complaints here:
