Today, August 30, 2017, Prisoners’ Legal Services wrote to Premier John Horgan, Attorney General David Eby and Public Safety Minister Mike Farnworth with a list of recommendations for legislative reforms that would improve the lives of BC provincial prisoners. You can read our list of recommendations here.

We hope the new BC government will take this opportunity to reform prison law to be in compliance with the United Nations’ Mandela Rules and abolish the use of solitary confinement in BC which is considered to be torture or cruel treatment if it is used for more than 15 days or on prisoners with mental disabilities. We also call for more resources to support prisoners with mental health needs.

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 (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.