Open Letter: Depopulation of Federal Prisons 

Hon. Bill Blair, Minister of Public Safety

Hon. David Lametti, Minister of Justice 

Hon. Catherine McKenna, Minister of Infrastructure and Communities 

Hon. Ahmed Hussen, Minister of Families, Children, and Social Service 

House of Commons

Ottawa, ON

K1A 0A6

______________________________________________________________________________

Open Letter: Depopulation of Federal Prisons 

Dear Ministers, 

As we write this, we have been made aware of more than one federally incarcerated woman with a confirmed case of COVID-19, and several others with presumptive cases. We fear that these cases mark the beginning of a potential public health emergency. As an organization dedicated to advocating for federally incarcerated women, Canadian Association of Elizabeth Fry Societies (CAEFS) is concerned about the Correctional Service of Canada’s (CSC) preparedness to manage this outbreak and reduce the harm to people inside prisons. 

We write to you to insist on immediate action and offer our collaboration, along with our network of over 20 local Elizabeth Fry Societies, in devising a plan to ensure that we are able to safely depopulate federal women’s prisons in Canada. 

The time for bold, decisive, and life-saving action is now. 

CSC health care is not equipped to treat prisoners who become ill with COVID-19: Long before this public health crisis, our Regional Advocates have reported on the substandard healthcare provided to women in federal prison. Moreover, the Office of the Correctional Investigator has consistently reported on a lack of adequate health care in federal prisons. A system that was already failing to meet the needs of the people in their care cannot reasonably claim that they can manage a public health crisis. Given the substandard access to healthcare and the potential for rapid spread within prisons, as prisoners become ill they will need to be transferred to hospitals, putting even greater pressure on an already strained health care system. This puts everyone at greater risk. 

Women are not safer in prison: It is impossible to practice physical distancing in prison. This is particularly concerning as incarcerated people fall within the groups that Public Health have deemed to be at an increased risk of more severe outcomes; including: those who are aged 65 and over, those who have compromised immune systems; and those who have underlying medical conditions. We have already seen devastating examples in our long term care facilities about the impacts that an outbreak can have on a population that is older and / or has underlying health conditions when living in close quarters. Medical experts across Canada have continuously expressed concerns for the safety of prisoners and staff once COVID-19 enters the prisons, and now it has. 

There are community release options for Federally incarcerated women: There are over 20 local Elizabeth Fry Societies across Canada who provide programming and support for criminalized women. Many of these locals already have housing options for women leaving prison and are working tirelessly to provide safe and supportive housing – but we can do more. 

Our local Elizabeth Fry Societies are willing and ready to be part of the solution to depopulate prisons in partnership with the Canadian Government. With adequate support, we are confident that we can work with you to facilitate the release of many federally incarcerated women in Canada. 

There are options already available to help facilitate these releases; including: the extension of unaccompanied temporary absences, the use of Section 81 and 84 of the Corrections and Conditional Release Act (CCRA), expedited hearings for suspension and revocation cases, and section 121(1.b) of the CCRA states that “parole may be granted at any time to an offender […] whose physical or mental health is likely to suffer serious damage if the offender continues to be held in confinement”. We urge you to use the tools that are at your disposal to depopulate now. 

As an organization dedicated to prison abolition, we understand that prisons have never served to keep our communities safe or address harm. Especially now, we echo the calls from prisoners, families, legal professionals, health care workers, senators, advocates, organizers, unions, and other service providers to release as many people from prison as possible. We do not have the death penalty in Canada, but inaction on the part of the government during this critical time will effectively sentence some of our country’s most marginalized people to death. 

Canadian Association of Elizabeth Fry Societies 

Cc. Anne Kelly – Commissioner of the Correctional Service of Canada

Cc. Angela Connidis – Deputy Commissioner for Women, Correctional Service of Canada

Cc. Marie Claude Landry – Chief Commissioner – Canadian Human Rights Commission  

Cc. Senator Kim Pate – Standing Committee on Human Rights (in prison) 

Cc. Ivan Zinger – Correctional Investigator of Canada

Cc. Jennifer Oades – Chairperson of the Parole Board of Canada

PDF: CAEFS Open Letter – Depopulate Prisons – March 31 2020

Sign the E-petition: A push to end segregation

Petition to the House of Commons

Whereas:
  • Ms. Terry Baker, born July 14, 1985, was pronounced dead on July 6, 2016, when doctors removed the life support that allowed them to retrieve the organs she wished to donate. Terry had significant, well-documented mental health issues and spent much of her 14 years in prison in segregation. She died in the same segregation unit where Ashley Smith died in 2007, more than 30 months after the jury in the Ashley Smith inquest condemned the use of segregation for women with mental health issues;
  • Indigenous women and those with disabling mental health issues are amongst the fastest growing prison populations in Canada, and at the greatest risk of being harmed by or dying in segregation;
  • The Honourable Louise Arbour recently called for an end to the use of segregation and a review and remediation of the cases of those whose sentences have been made harsher due to their conditions of confinement;
  • The United Nations, Ontario and Canadian Human Rights Commissions, Supreme Court of Canada, and the Truth and Reconciliation Commission have variously urged Canada to remedy the inequalities, isolation and over-incarceration of Indigenous Peoples, those with mental health issues, and women; and
  • The Prime Minister mandated the Ministers of Justice and Public Safety to implement the recommendations from the Ashley Smith Inquest and reduce incarceration.

We, the undersigned, Canadian Association of Elizabeth Fry Societies, call upon the Government of Canada to review and remedy the cases of all women prisoners placed in segregation in federal prisons for women over the past five years.

The Petition is open for signature until November 30, 2016, at 1:16 p.m. (EDT)

Report to the Committee on the Elimination of Discrimination against Women on the Occasion of the Committee’s Eighth and Ninth Periodic Review of Canada

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