November 30, 2021 – Burnaby, BC – On the two-year anniversary of the implementation of Structured Intervention Units (SIU), Prisoners’ Legal Services (PLS) has secured the right to be represented by legal counsel for people held in SIU.
Despite legislation protecting the right to counsel when someone is placed in this most restrictive environment permitted by law, Kent Institution in BC was refusing to share essential documents with lawyers representing clients in SIU. Kent staff even refused to tell lawyers the date and time of review hearings for their clients in SIU, making it impossible for PLS to administer legal aid to those held under this restrictive regime.
The Correctional Service Canada (CSC) took the position that it was the person held in SIU’s responsibility to share that information with their counsel. However, many of PLS’ clients were unable to share their documents or the time and date of hearings in time to receive representation.
People in prison have limited access to the telephone and they do not have access to email. They may not know which documents are relevant to a particular review, and may not be able to fill out all of the forms Kent Institution required to have their documents sent to counsel in time to receive representation. People are only notified of the time of some reviews the day before the hearing, and it may take 24 hours for a request to telephone counsel to be facilitated. This made it impossible for PLS to appoint a lawyer to represent the person at their hearing in most cases.
After PLS filed an application in Federal Court on February 24, 2020 challenging CSC’s failure to abide by the right to counsel in SIU reviews, CSC has agreed to share documents and the time and date of hearings directly with counsel. See Kent’s letter outlining its obligations here.
“It is imperative that people held in SIU are able to exercise their right to counsel, because of the increased deprivation of liberty they are facing in that setting. The right to counsel is fundamental to a fair process. Legal counsel’s access to documents relied upon by CSC in making their decisions is crucial to ensuring effective legal assistance to prisoners,” said Talia Magder, counsel for PLS.
“The SIU regime allows CSC to hold people in solitary confinement, which the United Nations considers torture or cruel treatment after 15 days. CSC must not be permitted to treat people in its custody with cruelty behind closed doors, and without a fair and transparent review,” said Jennifer Metcalfe, Executive Director of PLS.
“Many of the people who end up in SIU are suffering the effects of long-term isolation. Many have experienced violence and trauma in prison, including at the hands of correctional officers. They are among the most vulnerable, and their right to legal assistance must be protected to ensure their human rights, dignity, and right to liberty are not violated,” said Metcalfe.
Media contact:
Jennifer Metcalfe, Executive Director
Prisoners’ Legal Services
604-636-0470