I. Introduction
CAEFS is a federation of autonomous societies which works with, and on behalf
of, women involved with the justice system, particularly women in conflict
with the law. Elizabeth Fry Societies are community based agencies dedicated
to offering services and programs to marginalized women, advocating for
legislative and administrative reform and offering a forum within which
the public may be informed about, and participate in, aspects of the justice
system which affect women.
As a public interest group with standing at this Inquiry, CAEFS valued the
opportunity Phase I provided for the examination of the layers of decision-making
and the basis upon which actions were taken by the Correctional Service
of Canada in 1994 in relation to events at the Prison for Women. The relatively
broad range of issues canvassed in Phase II then provided an opportunity
for some constructive and timely discussion, which highlighted the need
for the establishment of progressive and proactive policies and practices,
both at P4W between now and the closure of the prison, as well as for the
new regional prisons for women and the national Healing Lodge.
Phase II highlighted the significance of this Inquiry. It created the first
opportunity since the work of the Task Force on Federally Sentenced Women
for the women in prison, groups such as CAEFS, academics and correctional
experts to meet in a forum that was not dominated and determined by CSC.
Section 77 of the Corrections and Conditional Release Act (CCRA)
notwithstanding, CAEFS has experienced a reluctance on the part of CSC to
engage participants in policy-development meetings with respect to federally
sentenced women. Indeed, CSC staff have asserted that because there are
sufficient numbers of women on staff, they have all the expertise they require
and no longer need to consult outside the Service. Similarly, it has been
maintained that a similar attitude would exist with respect to consultation
and advisory provisions of s. 82 of the CCRA if sufficient numbers
of First Nations staff were within the ranks of the CSC.
Unfortunately, concerns that were generated prior to the Inquiry, were confirmed
by the evidence presented in Phase I, and were exacerbated during Phase
II, as the Correctional Service of Canada introduced their "latest"
plans for the new prisons. These are the same plans we have repeatedly challenged
as mere reconfigurations of current correctional practices. We believe that
CSC is reluctant to relinquish the vestiges of models designed to deal predominantly
with the men in their prisons.
Moreover, as this Inquiry unfolded, women at the Regional Psychiatric Centre
in Saskatoon were subjected to another non-emergency IERT intervention and
strip search. Also, women in the segregation unit at the Prison for Women
continued to be subject to long-term 24-hour camera surveillance. A young
woman with increasing mental health concerns began to routinely ask to be
physically restrained by being strapped to a board; when asked why, she
indicated that the staff stayed with her and talked to her if she was on
the board. Women transferred to the new regional prison in Edmonton were/are
subjected to routine strip searches after every visit with someone from
outside the prison, as well as after visits with fellow prisoners in their
cottages.
These realities illustrate some of the reasons that we continue to have
significant concerns regarding the future for federally sentenced women
in Canada. We are apprehensive about the willingness and ability of the
Correctional Service of Canada to institute the necessary reforms required
to address the needs and challenges of federally sentenced women.
The projected image of a criminal justice system whose personnel promote
the utmost respect for the law by modelling humane and just exercise of
power is a stark contrast to the reality that has emerged throughout both
phases of this Commission of Inquiry. The experiences of women prisoners
has tended to involve too many profoundly disturbing examples of oppression
and abuse of power, as well as arbitrary decision making. In our view, the
Correctional Service of Canada has repeatedly exhibited callous indifference
to prisoners, flagrant disregard for its own policies, and disrespect for
the very legislation pursuant to which it operates.
Accordingly, CAEFS respectfully submits that the recommendations we made
on the record during Phase II, combined with the ensuing written recommendations
and those of other groups, such as LEAF and the Correctional Investigator,
as well as those anticipated from the Inmate Committee and the Native Sisterhood,
should provide the groundwork for this Commission to recommend significant
reform of the treatment of women imprisoned in Canada.
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