On February 28, the Union of BC Indian Chiefs, the BC First Nations Justice Council, the First Nations Summit and Prisoners’ Legal Services wrote to the Chief Coroner to request an inquest into the death of Kendal Campeau, of the Yellow Quill First Nation, who passed away while in the custody of the Correctional Service Canada. Mr. Campeau reported horrendous abuse in custody. We hope an inquest into his death will help to draw attention to the urgent need for alternatives to prison for Indigenous people that are culturally safe and based on Indigenous law.
Click here to read the letter requesting an inquest.
Click here to read a news release regarding PLS’ calls for CSC to consider systemic abuse of Indigenous people in its investigation into Mr. Campeau’s death.
Victoria, BC (Lək̓ʷəŋən traditional territories) – From Monday, February 12 until Thursday, February 15, 2024 the Canadian Human Rights Tribunal will hear the case of Nick Dinardo (they/them), a formerly incarcerated Two-Spirit and transfeminine member of the Piapot First Nation. Mx. Dinardo will argue that Correctional Service Canada (“CSC”) discriminated against them on the basis of race, religion, gender identity, and disability during their time in federal prison.
While Mx. Dinardo was in prison, correctional officers used violent force against them over 45 times. These uses of force included breaking their arm, pepper spraying them when they self-harmed, and shooting them with a rubber bullet in the face. The video footage of officers breaking their arm, which was obtained through a Privacy Act request, is available here: https://www.youtube.com/watch?v=k4fceEaLZh8&t=5s. Mx. Dinardo also spent extended periods isolated in the Structured Intervention Unit, for periods as long as 181 consecutive days.
Further, Mx. Dinardo faced significant harassment and abuse as a transfeminine person incarcerated in prisons designated for men. CSC repeatedly refused Mx. Dinardo’s requests to transfer to prisons designated for women. In their case, Mx. Dinardo is seeking systemic remedies to improve the lives of gender diverse people and people with disabilities in prison.
Jennifer Metcalfe, Executive Director of Prisoners’ Legal Services, says: “Mx. Dinardo’s treatment in federal prison is a national disgrace. We are inspired by their courage to take on CSC and fight for change.”
Nicole Kief, Policy Director of Prisoners’ Legal Services, says: “No one should suffer the kinds of indignities and abuses that Mx. Dinardo experienced in prison. The injustices raised in this case are systemic, and CSC must change its policies to comply with the Canadian Human Rights Act.”
For details on how to observe the hearing, please contact the CHRT:
Mx. Dinardo is represented by David Taylor, Christopher Trivisonno, and Maritza Woel of Conway Baxter Wilson LLP and Jessica Magonet of Prisoners’ Legal Services.
[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:
Prisoners’ Legal Services is looking for a passionate, problem solving, empathetic and dedicated advocate for the rights of people in prison with a focus on prison discipline.
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. 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 of prisoners an asset.
Annual salary: $58,615 (three-year term with possibility of renewal)
Closing date: March 26, 2023
Start date: ASAP
Interested applicants should submit a covering letter and résumé outlining how their qualifications meet the position requirements to:
Jennifer Metcalfe, Executive Director
Prisoners’ Legal Services/
West Coast Prison Justice Society
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.
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: $43,166 (benefits after 6 months)
Closing date: June 17, 2022
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
prisonjustice.org
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.
