News Release: PLS releases paper documenting Canada’s ongoing genocide against Indigenous people in its prisons

BURNABY, BC – September 29, 2021

Today, Prisoners’ Legal Services released a paper documenting government reports that confirm Canada’s treatment of Indigenous people held in its prisons constitutes a continuation of genocide and crimes against humanity.

Indigenous people in prison are more likely to be held in maximum security and solitary confinement. They are more likely to have violence used against them by correctional officers. Indigenous people in prison have high rates of death by homicide, suicide attempts and self-harm.

The Canadian government spends more than half-a-billion dollars each year imprisoning Indigenous people, while it denies funding to Indigenous communities to provide healing services and significantly under-funds Indigenous-run healing lodges.

On the National Day for Truth and Reconciliation, Prisoners’ Legal Services calls on Canada to end the genocidal practice of incarcerating Indigenous people in prisons, and calls on Canada to ensure Indigenous communities have the resources to provide healing alternatives to imprisonment.

Leading up to the National Day for Truth and Reconciliation, Prisoners’ Legal Services has received reports from Indigenous people that correctional officers have been making racist remarks, including that the reports of unmarked graves identified at the sites of former residential schools are “fake news” and “propaganda” and that Indigenous people should “let it go”.

These remarks were made to people who are experiencing the very real pain and intergenerational trauma of genocide, in an environment where every aspect of their lives is controlled by the state.

“There is hypocrisy in creating a national holiday in the spirit of truth and reconciliation with Indigenous people while Canada actively engages in the mass-incarceration of Indigenous people. We can’t have truth until Canada acknowledges these ongoing atrocities, and we can’t have reconciliation until we stop denying Indigenous nations and communities the ability to heal,” said Jennifer Metcalfe, executive director of Prisoners’ Legal Services.

Media contact:

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

 

Information for class members of the administrative segregation class actions

Beginning on September 7, 2021, anyone who was in administrative segregation in a federal penitentiary in Canada

a) for 16 consecutive days or more after March 3, 2011, or

b) for any amount of time after July 20, 2009, and you were diagnosed with a mental disorder or borderline personality disorder before or during incarceration, and you suffered serious impairment as a result of your disorder and reported it to CSC,

can make a claim for compensation. You can make a claim for compensation whether you were in administrative segregation “voluntarily” or not. Please see https://www.segregationclassactionfederal.ca/en/home for more information.

Please share this information widely with anyone who might be able to make a claim.

NEWS RELEASE: Two-Spirit prisoner files human rights complaint over violence and harassment in federal prisons designated for men

BURNABY, BC – August 19, 2021 – Today, Prisoners’ Legal Services (“PLS”) filed a complaint to the Canadian Human Rights Commission on behalf of Nick Dinardo, a 29-year-old Two-Spirit and transfeminine member of the Piapot First Nation, against Correctional Service Canada (“CSC”).

Since coming out to CSC last year, Nick has been repeatedly transferred between institutions designated for men, where they have experienced violence and harassment from both officers and other prisoners and have frequently been isolated in Structured Intervention Units (which replaced administrative segregation).

Nick has been repeatedly subject to physical force by correctional officers, and in May 2021 officers broke Nick’s arm. Officers have discussed Nick’s gender identity openly, putting Nick’s safety at risk. Both prisoners and staff have called them transphobic slurs.

Nick has often declined opportunities to come out of their cell because they fear officers will use violence against them again. Nick has not showered in approximately two months as a result. Nick has also been subject to indignities including having male officers watch them use the toilet and repeated searches by male officers, in violation of CSC policy.

These experiences are extremely traumatic for Nick, who has a history of trauma and abuse and whose family survived residential schools.

“CSC has written that it is seeking specialists in gender identity disorder for me, but my gender and culture are not a mental disorder”, Nick says. Nick’s complaint argues that not being able to live freely and safely as a Two Spirit person is a consequence of colonization and genocide against Indigenous peoples.

Nick’s requests to transfer to an institution designated for women, where they would be safer and more able to express their gender, have been denied. In making its decisions, CSC has not considered the risks to Nick’s safety and wellbeing nor their experiences of victimization in institutions designated for men.

“Nick should not have to live with a constant threat of violence hanging over their head from the people charged with their care and custody, and in conditions that regularly undermine their dignity,” said Jennifer Metcalfe, Executive Director of Prisoners’ Legal Services.

In July 2020, Nick filed a human rights complaint against CSC for failing to address their mental health needs and for responding to their emotional distress, including acts of self-harm, with violence and isolation, including officers in riot gear, pepper spray, restraints and bare isolation cells, which serve only to exacerbate their suffering. This complaint is ongoing.

Media contacts:

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

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

We are hiring a contract legal advocate to focus on Indigenous decarceration

LEGAL ADVOCATE – Indigenous Prisoners’ Voices Project 

Prisoners’ Legal Services, Burnaby, BC 

Prisoners’ Legal Services is looking for a passionate, problem solving, empathetic and dedicated advocate for prisoners’ rights for a 12 month contract position.

The legal advocate will focus on identifying the needs of Indigenous people in custody, and providing legal aid services in the area of liberty and health care issues.

We are a small non-profit society providing legal aid to federal and provincial prisoners in the province of British Columbia regarding prison legal issues.

The legal advocate work is primarily done by telephone, fax and email.  Advocacy on behalf of prisoners may involve summary advice, informal advocacy and providing written submissions.

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 prisoners, prison administrators and parole authorities.

This position may require 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 a relevant field;
  • 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 who have experienced trauma, poverty or colonialism, those with mental health disabilities, or 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;
  • must have excellent communication and interpersonal skills, in particular in dealing with prisoners, 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
  • demonstrated awareness of the cultural diversity of prisoners an asset.

Salary:   $52,848 (35 hours/week)

Closing date:  July 25, 2021

Start 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/
West Coast Prison Justice Society

Tel: (604) 636-0470
Fax:  (604) 636-0480
Email: jmetcalfe@pls-bc.ca

prisonjustice.org

We welcome and encourage applications from people who identify as Indigenous.