A flawed Compass: a human Rights Analysis of the Roadmap to Strengthening Public Safety
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| 59 Implementing The Life Line Concept: Report Of The Task Force On Long Term Offenders February, 1998 60 Corrections Directorate, Ministry of the Solicitor General, “Life Sentences for First Degree Murder (Canada) and International Equivalents: Eligibility for Release and Average Time Served, 1999. 61 The Government’s most recent proposed amendments to the Criminal Code for abolishing 15 year reviews will further lengthen the median time spent in prison for those sentenced to first degree murder. 62 In 1888 41% of the prisoners at Kingston Penitentiary were serving sentences of four years or less and 63% five years or less. The figures for the B.C. Penitentiary for the same year were 55% and 64%. Annual Report of the Inspection of Penitentiaries 1887-8, tables14 and 16. In 1900 46% of all federal prisoners were serving four years or less and 67% five years or less. Annual Report of the Inspection of Penitentiaries, 1899-1900, p.2 63 Justice Behind the Walls, p.19, online at http://justicebehindthewalls.net/book.asp?cid=7&pid=273 64 J. M. Beattie, Attitudes towards Crime and Punishment in Upper Canada, 1830-1850: A Documentary Study [Toronto: University of Toronto Centre of Criminology, 1977], p. 12-13 65 Dennis Curtis et al., Kingston Penitentiary: The First 150 Years, 1835-1985 [Ottawa: Correctional Services of Canada, 1985] p. 4 66 Jim Vantour, ed., Our Story: Organizational Renewal in Federal Corrections, [Ottawa: Correctional Service of Canada, 1991] p.70 67 Roadmap, p.38 68 House of Commons Sub-Committee on the Penitentiary System in Canada [Ottawa: Minister of Supply and Services, 1977] [Chairman: Mark MacGuigan], p.10 70 Sub-Committee on the Penitentiary System in Canada, p. 6 71 Interview with Jim Mackie, in Justice behind the Walls: Human Rights in Canadian Prisons(2002) p.83, online at http://justicebehindthewalls.net/book.asp?cid=20&pid=314 72 Annual Report for 2006-7 of Institutional Security Incidents and Community Offences Fiscal Year 2006-7, Security Branch , CSC 73 See http://justicebehindthewalls.net/resources/news/congame.pdf at 3 74 ibid p. 1 75 Roadmap, p. 5. 76 Correctional Law Review, Working Group, "Correctional Authority and Inmate Rights" [Working Paper No. 5] [Ottawa: Solicitor General, Canada, 1987] [hereafter referred to as CLR Working Paper No.5] p. 2-4. 77 http://www.ps-sp.gc.ca/publications/corrections/correctional-review_e.pdf 78 Preface to Correctional Law Working Papers, p. 3 79 Roadmap, p.15 80 Roadmap, p.15 81 The full text of the recommendations are set out in Roadmap, p. 15-17 82 Roadmap, p. v 83 Roadmap, p. 15 84 Roadmap, p.39 85 Penitentiary Act, R.S.C. 1886, c. 182 86 Canadian Alliance Official Opposition Minority Report on the Corrections and Conditional Release Act ,Jim Gouk M.P. included in A Work in Progress: The Corrections and Conditional Release Act [Ottawa: Public Works and Government Services, 2000] online at http://cmte.parl.gc.ca/Content/HOC/committee/362/just/reports/rp2537364/just01/362_JUST_Rpt03-e.pdf 87 [1980] 1 S.C.R. 821 88 Correctional Authority and Inmate Rights, Correctional Law Review Working Paper No. 5, October 1987 online at http://ww2.ps-sp.gc.ca/publications/corrections/correctional-review_e.pdf ibid pp. 171-2 89 Correctional Philosophy, Correctional Law Review Working Paper No. 1, June 1986 http://ww2.ps-sp.gc.ca/publications/corrections/correctional-review_e.pdfWorking Paper No. 1, p.23 90 Working Paper No. 1, p. 28-9 (emphasis added). 91 Working Paper No. 5, p. 178-9 92 Working Paper No. 1, p. 31 93 Roadmap, p. 16. 94 Howard v. Presiding Officer of the Inmate Disciplinary Court of Stony Mountain Institution [1984] 2 F.C. 642 at 681-2 95 A discussion of Offender Accountability in the context of the work of the Transformation Team by Shereen Benzvy Miller, Director General, Rights, Redress and Resolution. 96 Sauvé v. Canada [2002] 3.S.C.R. 519 97 Sauvé at para. 40. 98 Sauvé at para. 47. 99 Ruffin v. Commonwealth, 62 Va. 790 (1871) 100 Jackson, Prisoners of Isolation p. 82 101 See Justice behind the Walls at 54-58. Online at http://justicebehindthewalls.net/book.asp?cid=12 102 Sauvé, at para. 14. 103 Hunter v. Southam Inc. [1984] 2 S.C.R. 145 104 Louise Arbour, Commission of Inquiry into Certain Events at the Prison for Women in Kingston, (Ottawa: Public Works and Government Services Canada, 1996) at xi [Arbour Report].online at http://justicebehindthewalls.net/resources/arbour_report/arbour_rpt.htm 105 Sauvé, at para. 47. 106 Sauvé, at para. 46. 107 Sauvé,at para. 35. 108 Sauvé, at para. 46. 109 Roadmap, p. 15. 110 Roadmap, p. 30 and p. 38. 111 Roadmap, p. 40. 112 Arbour, para. 3.1.2 113 Arbour Report, para 2.3.4.5 114 A discussion of Offender Accountability in the context of the work of the Transformation Team by Shereen Benzvy Miller, Director General, Rights, Redress and Resolution. 115 Andrew Coyle, A Human Rights Approach for Prison Management: Handbook for Prison Staff (London: King’s College, International Center for Prison Studies, 2002), p. 31 116 Roadmap, p. 24 117 Roadmap, p. 59 118 Roadmap, p. 60 119 Roadmap, p. 107 120 Roadmap, p. 33, 36 121 CD 705 Intake Assessment Process 2007-09-18 122 CD 705-6 Correctional Planning and Criminal Profile 2007-09-18 123 Document on file with Professor Jackson 124 Roadmap, p. 59 125 The Panel’s emphasis on encouraging compliance has its source in UCCO’s enthusiastic support for operational regimes where prisoners would be classified “as non-compliant, semi compliant and compliant” and that “each of these classifications will enjoy escalating levels of freedom, comfort and privileges.” See UCCO’s written submission to the Panel, p. 11 at http://www.ucco-sacc.csn.qc.ca/pregenerate/cmsFrameMain_EN_National.html?ParentID=National&Lang=EN 126 Memo from Shereen Benzvy Miller 127 Sheleigh Hodgins, Persistent violent offending: what do we know? British Journal of Psychiatry 2007 190 (suppl. 49) 128 Submission of Nathan Myles, November 29, 2008 Matsqui Institution 129 Justice Behind the Walls, p. 504 online at http://justicebehindthewalls.net/book.asp?cid=221&pid=667 130Reisig, Michael D. and Mesko, Gorazd(2009)'Procedural Justice, Legitimacy, and Prisoner Misconduct', Psychology, Crime & Law,15:1,41-599 (emphasis added) 131 The pre-1992 legislation used the term “dissociation”; post-1992 the term used is “segregation”. Both before and after 1992 prisoners refer to segregation as “the hole”. 132 CCRA s.44 133 CCRA s.31 134 A detailed examination of the law and practice of administrative segregation can be found in Michael Jackson, Justice behind the Walls: Human Rights in Canadian Prisons, Sector 4 online at http://justicebehindthewalls.net/book.asp?cid=112 135 Roadmap, p. 23 136 Roadmap, p. 21-2 137 Martineau v. Matsqui Institution Inmate Disciplinary Board, [1980] 1 S.C.R. 602 138 Task Force on Administrative Segregation: Commitment to Legal Compliance, Fair Decisions and Effective Results, Correctional Service of Canada, March 1997.Both of the authors were members of the Task Force. 139 see Prisoners of Isolation; Justice behind the Walls: Human Rights in Canadian Prisons, Sector 4 140 Roadmap, p. 21-2 141 Justice behind the Walls p. 322, 328-9 142 Task Force on Administrative Segregation p. 50 143 Justice behind the Walls, pp.383-4 online at http://justicebehindthewalls.net/book.asp?cid=160 144 For a detailed history of the issue see Michael Jackson, The Litmus Test of Legitimacy: Independent Adjudication and Administrative Segregation, 48 Canadian Journal of Criminology and Criminal Justice, 157 (2006) 145 We address this particular case of correctional breakdown in detail later in Chapter12. 146 Jana Grekul and Patti LaBoucane-Benson, An Investigation into the Formation and Recruitment Processes of Aboriginal Gangs in Western Canada, 2007 p.28 ( hereafter “Aboriginal Gangs”) online at http://www.publicsafety.gc.ca/res/cor/apc/abor_gangs-eng.aspx. A revised version of this paper entitled Aboriginal Gangs and Their (Dis)placement: Contextualizing Recruitment, Membership, and Status, can be found at 2008 CJCCJ (Canadian Journal of Criminology and Criminal Justice) 59 147 Aboriginal Gangs, p. 42-3 148 Aboriginal Gangs, p. 66-8 149 Aboriginal Gangs, p. 60-2 150 Roadmap, p. 27 151 R. v. Preston (1990) 79 C.R. (3d) 61 per Wood J.A. at para. 29 152 http://www.justicebehindthewalls.net/book.asp?cid=20&pid=318 153 Evaluation Report: Correctional Service Canada's Safer Tattooing Practices Pilot Initiative, File # 394-2-39 Evaluation Branch, Performance Assurance Sector, January 2009 http://www.csc-scc.gc.ca/text/pa/ev-tattooing-394-2-39/index-eng.shtml 154 Canadian HIV/AIDS Legal Network. http://www.aidslaw.ca/EN/index.htm 155 Ralf Jürgens, Andrew Ball, Annette Verster Interventions to reduce HIV transmission related to injecting drug use in prison www.thelancet.com/infection . Vol. 9 January 2009 156 Roadmap, p. 27-8 157 Roadmap, p. 61 158 Audit of Drug interdiction Activities, CSC Internal Audit Branch 378-1-209 August 21, 2006, p.3 159 William D. Bales and Daniel P. Mears, Inmate Social Ties and the Transition to Society: Does Visitation Reduce Recidivism? (2008) 45 J of Research in Crime and Delinquency, 287, p.311-12. The authors found that “among inmates who were visited, the odds of recidivism were 30.7% lower than for those who were not visited.” p. 304 160 C. Collins and M Lee, “Developments in ion mobility spectrometry—mass spectrometry”, in Analytical and Bioanalytical Chemistry 2002, 362:66-73, at 66.; F. Dussy et al., “Validation of an ion mobility spectrometry (IMS) method for the detection of heroin and cocaine on incriminated material”, in Forensic Science International 177 (2008) 105-111, p.105 161 T. Keller et al., “Application of ion mobility spectrometry in cases of forensic interest”, in Forensic Science International 161 (2006) 130-140 p. 130-131 162 Correctional Service Canada, Guideline 566-8-2 “Technical Requirements for Ion Mobility Spectrometry Devices”, para. 7 163 Sheldon, T.; Smith, G.; Doherty, S.; Waddell, R.; Donelly, T.; Parker, A. Detection of Concealed Drugs on Prison Visitors: Realistic Laboratory and Field Trials of Six Drugs Trace Detectors and Passive Dogs, Sheldon, T.; Smith, G.; Doherty, S.; Waddell, R.; Donelly, T.; Parker, A. Security Technology, 1998. Proceedings., 32nd Annual 1998 International Carnahan Conference on Volume , Issue , 12-14 Oct 1998 234 - 237. A second study of the Barringer Ionscan 350, published in Spectroscopy in 2000 determined that nicotine interferes with the machine’s ability to detect methamphetamine and that the Ionscan “may confirm the existence of methamphetamine when [a] sample is contaminated with nicotine.” L.A. Shaw and P. de B. Harrington “Seeing through the Smoke with Dynamic Data Analysis: Detection of Methampetamine in Forensic Samples Contaminated with Nicotine” (2000) Spectroscopy, Vol. 15, No. 11, pp. 40-45.A third study about ion scan technology published in Forensic Science International in 2008 included a number of widely available detergents in its test and found that, in certain concentrations, several detergents gave a false positive for heroin. The study also notes that other substances, such as atropine and papaverine, interfered with detection of cocaine and heroin. Dussy, F. et al. “Validation of an ion mobility spectrometry (IMS) method for the detection of heroin and cocaine on incriminated material”. Forensic Science International 177 (2008): 105-111. 164 Justice behind the Walls, internet version Sector 5 Ch.3 http://justicebehindthewalls.net/book.asp?cid=213 165 Written responses filed in facilitated discussion of third level grievance, October 2005. On file with Professor Jackson 166 Correctional Service of Canada, Itemizer Operating Procedures, Annex C GL 566-8-2 Procedure 4. 1. 2004 http://www.csc-scc.gc.ca/text/plcy/doc/566-8-2gl-annex-C_e.pdf 167 Justice behind the Walls, internet version http://justicebehindthewalls.net/book.asp?cid=213&pid=653 168 Email to Michael Jackson September, 2002 Online at http://justicebehindthewalls.net/resources/news/ion_scan.pdf 169 Email to Michael Jackson, Online at http://justicebehindthewalls.net/resources/news/ion_scan.pdf 170 Email to Michael Jackson November 10, 2008 171 Email to Michael Jackson November 12,2008 172 “A positive indication by any non-intrusive search tool does not automatically result in the refusal of entry or a visit. It is treated as one piece of information that provides reasonable grounds to suspect that a person may have contraband in his or her possession.” CD 566-8 Searching of Staff and Visitors (2008-07-25) Guidelines 566-8-1 - Use of Non-Intrusive Search Tools (2008-07-25) para. 19 173 CD 566-8, para. 17(c) 174 CD 566-8, para. 17(d-g) 175 See http://justicebehindthewalls.net/book.asp?cid=213&pid=649 176 Audit of Drug interdiction Acivities, CSC Internal Audit Branch 378-1-209 August 21, 2006, p.1(hereafter “Audit”) 177 Audit, p.17 178 Audit, p.18 179 Audit,p.6 180 Audit,p.9 181 Audit,p.13-14 182 Audit, p.14 183 R. v. A.M., [2008] SCC 19 R. v. Kang-Brown, [2008] SCC 18. 184 The Queen v. A.M para. 15 185 R. v. A.M., paras.84-88. 186 The process is set out by Justice Binnie: If the sniff is conducted on the basis of reasonable suspicion and discloses the presence of illegal drugs on the person or other place of concealment, the police may, in my view, confirm the accuracy of that information with a physical search, again without prior judicial authorization... But, of course, all such searches by the dogs or the police are subject to after -the-fact judicial review if it is alleged that no grounds of reasonable suspicion existed, or that the search was otherwise carried out in an unreasonable manner. R. v. A.M., para. 14 187 Minister Day fulfils pledge to review correctional system http://www.ps-sp.gc.ca/media/nr/2007/nr20070420-eng.aspx 188 “Rewards and Consequences: A Correctional Service for the 21st Century—A brief to the Independent Review Panel studying the future of Correctional Service Canada,” UCCO-SACC-CSN, June 2007,page 11 189 Roadmap, p. 24-5 190 See http://www.csc-scc.gc.ca/text/plcy/cdshtm/580-cde-eng.shtml#1 191 Although the UCCO brief refers to “major” offenses, the legal term used in the legislation and CDs is “serious” (or “infraction grave”). Serious disciplinary offences are adjudicated by independent chairpersons appointed from outside of the Correctional Service of Canada. Minor offenses are adjudicated by CSC correctional supervisors or managers. The task of designating an offence as serious or minor is made by a CSC correctional manager. More severe sanctions, including segregation, can be imposed following conviction of a serious offense. CD 580 provides this definition of serious and minor offences Serious offence: Commits, attempts, or incites acts that are:
Minor offence: Other negative or non-productive inmate behaviour that is contrary to institutional rules. CD 580 2004/01/19 http://www.csc-scc.gc.ca/text/plcy/cdshtm/580-cde-eng.shtml 192 These population figures were supplied by National Headquarters of CSC. 193 The figures for the total number of charges for all regions of CSC were provided to the authors by National Headquarters of CSC. 194 Quebec had the highest number of charges in the five regions, but even in Quebec the 3848 serious charges at Donnacona represents over ¾ of the total charges for the whole of Quebec. 195 UCCO submission p. 22 196 CCRA Regulations s.34 198 See Justice Behind the Walls, Sector 3, Chs. 2 and 3 199 See Justice Behind the Walls, p. 203-211 200 Roadmap, p. 60 201 Justice Behind the Walls p. 187- 283 online at http://justicebehindthewalls.net/book.asp?cid=101&pid=422 202 Reform proposals for addressing staff concerns are dealt with at p. 268-275. 203 CCRA Regs s.34(a) 204 s.34(c) 205 s.34(e) 206 Roadmap, p. 115 207 An excellent history of the Canadian parole system can be found on the National Parole Board’s site at http://www.npb-cnlc.gc.ca/about/part1_e.htm 208 The 1899 Act to Provide for the Conditional Liberation of Convicts- the Ticket of Leave Act provided: It shall be lawful for the Governor General by an order in writing under the hand and seal of the Secretary of State to grant to any convict under sentence of imprisonment in a penitentiary a license to be at large in Canada, or in such part thereof as in such license shall be mentioned, during such portion of his term of imprisonment, and upon such conditions in all respects as to the Governor General may seem fit; and the Governor General may from time to time revoke or alter such license by a like order in writing. Yüklə 1,05 Mb. Dostları ilə paylaş:
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