Showing posts with label Kim Pate. Show all posts
Showing posts with label Kim Pate. Show all posts

Thursday, February 9, 2012

Ashley Smith's Mom Speaks at Fundraiser - Moncton

Coralee Smith, Ashley Smith's mother spoke to a crowd gathered in Moncton recently to raise money for local mental health service agencies.  She has and unfortunate and somewhat unique experience to share about mental health service provision in our very broken system.  I say somewhat unique because the kind of cruelty that her daughter experienced, being criminalised for mental health issues, denied effective and proper treatment, ignored or further endangered as a response to her issues ~ these are common occurrences in our healthcare and prison systems.  What has been more unique is the rightful publicity Ashley's situation attained.  Rarely is the system ever exposed as widely as it was after Ashley's death.  Rarely is there such a public outcry in the face of a prisoner death.  Ashleys was not the first and more than likely wont be the last instance where a person with serious mental health concerns has been imprisoned and then been ignored when in serious mental or medical distress, ignored and denied assistance right up to the point of their death.   

Perhaps the likelihood of future deaths and the possibility of waking people up before it occurs is one of the reasons why Coralee Smith continues to speak out.  Here is what she had to say as reported by the Canada East News Service;

Ashley Smith was destroyed by prison system: mother

Coralee Smith holds a journal from 2003, kept by her then 15-year-old daughter Ashley Smith, as she speaks at Women & Wellness at MacNaughton High School in Moncton on Saturday. CanadaEast News Service
Coralee Smith holds a journal from 2003, kept by her then 15-year-old daughter Ashley Smith, as she speaks at Women & Wellness at MacNaughton High School in Moncton on Saturday.

Published on February 5, 2012

MONCTON – Coralee Smith has a journal from 2003 kept by her then 15-year-old daughter Ashley Smith, in which the girl wrote touchingly about her "babies," the four children under age five she often babysat for Zalmen and Aida Stiefel and when Zalmen was the rabbi at Tiferes Israel Synagogue.
"She had a big soft heart," Ashley's mother recalled for an audience of nearly 500 at the ninth annual Women and Wellness event at Bernice MacNaughton High School. The event raises funds and awareness for the Canadian Mental Health Association in Moncton.

As most know, Ashley Smith was a troubled Moncton teen whose term of probation for throwing apples at a mail carrier eventually led to an accumulation of more than 100 charges and four years in custody, mostly for incidents that occurred while she was behind bars, mostly in isolation. She died while on suicide watch as guards looked on.

While Coralee Smith has spoken to reporters on a few occasions in the past, the speaking engagement in the MacNaughton High School auditorium stands out for the size of the audience who got to hear some of Ashley's family's story.
Coralee says her daughter also had an independent streak. When Ashley got her first two-wheeler, it had training wheels on it. After making sure she had the hang of it, Coralee and her husband Herbie Gorber let the little girl take advantage of the family home's two driveways, which were configured in a way so she could circle the house safely.

When Ashley disappeared out of sight and then failed to reappear around the far side of the house, Coralee went to look for her.
"When I looked up the other side of the house she was already getting the man next door to take off the training wheels for her."

For all her spunk, Ashley had some definite limits imposed on her growing up, her mom says. In the urban neighbourhood they lived in, where a higher incidence of crime is a fact and the heavy traffic in the area is a fright, the pre-adolescent Ashley usually had a set of concerned grown-up eyes looking out for her. She wasn't allowed to go to the playground by herself, or take her bike more than just around the block.

As she got older, of course, she was gradually allowed to take her bike on rides a bit farther from the family's home in Moncton's east end.
Soon, "cheese strings and granola bars and stuff like that," were disappearing from the Smith and Gorber household.

Eventually, about a year after Ashley first incarceration at a youth centre for the postal worker incident, she finally admitted to her mother where the snack foods had disappeared to. She used to bike down Moncton's Riverfront Trail to feed old Joe, a well known Moncton street person who lived under the old Gunningsvillle Bridge before it was demolished.

Coralee says she eventually ran into Joe outside the Irving Convenience Store in Dieppe after Ashley died in prison and took the time to ask if he remembered Ashley.
He said he did remember the dark haired girl on the red bike who brought him food and was his friend and asked why he hadn't seen her in a long time.
"I told him she passed away and Joe cried, so there were tears out there for Ashley."

Joe has not been alone in crying for Ashley Smith in the past four years or so, as details of her appalling life in prison and her death in front of prison guards who did nothing to stop it have emerged.

Tragically, Ashley Smith's cries for help have mostly been heard long after it was too late to save her. During the roughly four years she was incarcerated, it often seemed as if the old cliché figure of speech was actually true, that society had locked her up and thrown away the key.
Ashley was a troubled person before her incarceration, but her mother says her daughter was not suicidal until she faced an ever growing series of sentences for misbehaviour inside prison walls, sentences that she eventually realized (perhaps correctly) would never end.

Before things completely descended into hopelessness, mother and daughter talked about her coming home whenever they had the opportunity to talk.
"Ashley's biggest wish was to get home to her room, get in the Jacuzzi tub and to hold her dog." Coralee said. "Ashley did not willfully commit suicide."
She was in the youth centre for 36 months, 27 of which were spent in TQ.
Ashley Smith's Orwellian nightmare of imprisonment came with the requisite euphemistic jargon. TQ stands for "temporary quiet" a placid and pretty sounding name for what prisoners, those who actually have to do the time in TQ, call the hole.

"It's segreation, where you're segregated for 23 hours a day and maybe if you're on good behaviour, you get out for an hour a day. That includes shower, shampoo, brush your teeth time. "
Coralee says people shouldn't mistake segregation for prisons cells that inmates get to themselves, where they have a few amenities and are allowed to have books or buy televisions for companionship.

Segregation means you're in there with nothing but yourself and your cell, she said, noting that in many TQ cells the lights are on 24 hours a day until you even lose your sense of day or night. The only human contact is with the hand that pushes food through the slot in the door, light fare like sandwiches in the name of not providing the segregated inmate with cutlery. 

While we like to think of Canadian prisons having enlightened standards when it comes to basic rights like food, it's troubling to note Ashley's mother says her daughter lost 90 pounds in the last 11-and-a-half months of her life.
Her toilet paper ration was four or five sheets at a time, so even the basic dignity of maintaining her own hygiene was denied her. Ultimately, she was allowed no clothes other than a "suicide coat" a garment that made it difficult for her to even conceal her breasts, not that she ever got any visitors.

Coralee Smith asked her audience Saturday what they thought would happen were any of them to take their "15-year-old child and lock them up for three years and segregate them for 27 months. We're talking about a young girl who hadn't stayed out overnight except at her sister's, a young girl who hadn't gone to the movies on her own, just a young girl trying to grow."
Ashley turned 18 at the youth centre and though they could have kept her another year, they shipped her out to adult institutions, first in Saint John and then to the Nova Institution for Women in Truro.

"She had a couple good months there," Coralee recalls of Nova. "She had a psychiatrist who was working with her and she seemed to be doing all right. But while he was on Christmas break they shipped her out to Grand Valley Institute."
Grand Valley Institution is Kitchener, Ontario would ultimately be the last of the 17 facilities Ashley had been bounced to and from.
"Ashley's story is long and sad," her mother said with an audible sigh. "Those four years must have felt like 40, to be alone and in such dire straits."
Saying Ashley had, like most inmates, kept much of the horrors she was going through mostly to herself, Coralee said, "you only hear about the horrors after the fact ­- in our case, only after Ashley passed away."

Noti· g the two news documentaries made to date about Ashley's life and death both won prestigious Michener Awards, arguably Canada's most prestigious journalism awards for reporting in the public interest, Coralee said her daughter, "has raised some people's hearts."

But it (treatment like Ashley received) has to stop. It's still going on."
Coralee and Herbie recently donated $20,000 to assist programs to help women who have been incarcerated, a gift acknowledged by Kim Pate, the executive director of the Canadian Association of Elizabeth Fry Societies who shared the stage with Coralee.
As for the Women & Wellness event, it raised $41,720 for a number of local mental health initiatives.

Herbie and Ashley's sister Dawna Ward were in the audience to support Coralee as she told her tragic story, Dawna in an ironic twist winning the evening's top prize, a package valued at $2,150.
Somehow, even as she continues to live the ordeal of coming to terms with Ashley's passing and the idea so many other Canadians battling mental illness are in prisons whose very conditions seem guaranteed to break the fragile further, Coralee Smith's natural warmth and wit shone through as she made her first ever speech to an auditorium full of people.

No one was expecting to laugh Saturday night, but a few times they did. Quite likely, because most have already heard so much of the Ashley Smith case these past four years and either hardened themselves to it or started blocking much of it out, most of the women in the audience probably didn't expect to cry. But many did.

"What Ashley went through none of us can begin to understand," her mother said. "There's not a person in this room, myself included, who knows what that little girl endured," she said. "I'm embarrassed to death to say this is Canada. And it's still going on."

Monday, October 31, 2011

EMAIL EXCHANGE: KIM PATE, MYSELF, AND MP RATHGEBER

After reading the following article where MP Rathgeber was embarrassingly disrespectful to Kim Pate of the Elizabeth Fry Society.  He objected to language Ms. Pate used in describing the impacts of excessive strip searches currently forced on the female prisoners at Kitchener's prison for women.  This particular story struck home.  Not only have I been subjected to multiple strip searches but I am also aware of the deeper issues which can surround them.
Prisoners are subjected to multiple strip searches during any period of incarceration as a matter of routine and under special circumstances such as a suspected presence of drugs in the institution.
 Some guards really detest carrying out these searches, especially those which are done as a matter of routine rather than the safety of the institution.  These state employees have been known to only pretend to carry out a strip searches at these times.  Simply handing prisoners clean clothing and standing in such a way as not to be watching them dress.  At the other end of this spectrum are those guards who get off on the "power over" dynamic of such searches.  These state sanctioned abusers take their time stipping inmates, sometimes carry out the proceedure in open walkways with substantial pedestrian traffic, arrange surprise searches at odd hours with women pushed and hurded into line ups with their hands kept atop their heads or cuffed behind their backs, orders to bend, turn, and lift are carried on much more thoroughly than normal or than called for in regards to the stated purpose of locating restricted weapons and drugs..  
Most prisoners will be subjected to both ends of this spectrum and everything in between during even a minimum sentence.  Many of us cope by transforming the process into a normal routine in our minds.  Oh well, whatever kinda situation.  But its not.  Especially for those men and women who have histories of sexual abuse.
Below is the email exchange between Kim Pate, myself and MP Rathgeber, below that is the article referred to.       by sheryl jarvis
 
 
Email Exchange,Re: Supreme Court Selection Committee Work

Description: http://by152w.bay152.mail.live.com/mail/clear.gif From: SHERYL JARVIS [mailto:j-sheryl@hotmail.com]
Sent: October 8, 2011 3:08 PM
To: Cotler, Irwin - M.P.; Rathgeber, Brent - M.P.; Comartin, Joe - M.P.; Hoeppner, Candice - M.P.
Subject: re: Supreme Court Selection Committee Work
 Dear Members of Parliament

I would like thank each of you for your  dedication to Canadians through the work each of you are doing on this most important panel, the election of new members to the Supreme Court of Canada.

I would like to believe that each and every portion of this process would be given ample thought and consideration with all those present provided his or her own space to speak from their personal and professional experiences.  This after all is a fundamental aspect of what constitutes a thriving democracy.  It also happens to be included in the Canadian Charter of Rights and Freedoms:
"(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;"
I read about an incident which occurred recently where an invited guest and presenter(Kim Pate) from the Elizabeth Fry Society was disrespected for having discussed openly what is the reality for most women in prison - that is, being subjected to unnecessary strip searches which are experienced by those female prisoners as a form of sexual assault and a continuation of what has for over 80% of incarcerated women been a life time of sexual, physical, and emotional abuse.

Mr. Rathgeber how dare you claim to be speaking for survivors of sexual predators when you stated that Ms. Pate's comments were an affront to victims of such predators.  When it is common knowledge that women in prison are as a group those most often victimized sexually, emotionally and physically.

All Canadians including those imprisoned have the same fundamental rights and freedoms, especially those which necessarily protect human rights.  This of course is contrary to what you and your party would have Canadians believe when you continue to repeat media sound bites such as  “putting the rights of criminals against the rights of law-abiding Canadians”

Ms. Hoeppener, shame on you as a woman for putting the process of state sanctioned abuse of the most vulnerable women ahead of their individual Human Rights.  How very cruel!

Sincerely

sheryl jarvis
Woman, Mother, Survivor


From: brent.rathgeber.a1@parl.gc.ca
To: j-sheryl@hotmail.com
Date: Fri, 21 Oct 2011 15:23:10 -0400
Subject: RE: Supreme Court Selection Committee Work
Dear Ms. Jarvis,
 Thank-you for your correspondence with regard to comments I made in the House of Commons regarding the Elizabeth Fry Society.
 Ms. Kim Pate recently appeared before the Public Safety Committee as a witness for the Elizabeth Fry Society.  In the course of her comments, Ms. Pate stated that strip searching inmates is tantamount to “sexual assault by the state”.  She used this phrase throughout her opening statement and in the rounds of questioning that followed. 
 I am concerned by Ms. Pate’s characterization, especially because it has no basis in fact or in law.  The Criminal Code clearly defines an assault as a non-consensual application of force and sexual assault as having an added aspect of sexual need, gratification, or sexual degradation. I only take issue with the characterization of these situations as having a “sexual” aspect. 
 While I have the utmost respect for the work the Elizabeth Fry Society and its members carry out on behalf of incarcerated women, I stand by the statements I made in the House of Commons. 
 Regards,
  Brent Rathgeber, Q.C.
Member of Parliament
Edmonton-St. Albert

Subject: Re: Supreme Court Selection Committee Work
To: j-sheryl@hotmail.com
CC: kpate@web.ca
From: caefs@web.ca
Date: Sat, 8 Oct 2011 22:26:05 +0000

Dear Ms Jarvis,

Thank you so much for copying us on this. I am preparing some information for the Committee. Please let me know if you would also like to receive it. 
Thanks again and all the best, 

KimSent wirelessly from my BlackBerry device on the Bell network.
Envoyé sans fil par mon terminal mobile BlackBerry sur le réseau de Bell.


From: SHERYL JARVIS <j-sheryl@hotmail.com>
Date: Thu, 27 Oct 2011 17:48:30 -0400
To: <brent.rathgeber.a1@parl.gc.ca>
Cc: <kpate@web.ca>
Subject: RE: Supreme Court Selection Committee Work

Dear Honourable Rathgeber

The newspapers quote an MP who said that you are usually more reserved and respectful, that he was surprised to find out it was you who had made the comments to Kim Pate.  The tone of your email seems to bear that out.  However its tough to tell if you wrote it or one of your assistants did.....

You point to specific acts of law regarding the definition of sexual assault.  The problem with relying entirely on the law books is that peoples life experience's and thus their reactions to situations such as prison strip searches can not be accounted for.

The purpose of a strip search is to maintain the safety of prisoners and staff.  Tobacco is not a weapon.  The possibility of tobacco being smuggled into prison is not nearly reason enough to put prisoners, women in this case through what is for some a highly traumatic event. 

In the case of women's federal institutions these strip searches are happening regularly and persistently.  The staff are not required to strip search prisoners in order to address the question of tobacco but they do it anyways.

It is common knowledge that many prison guards chose their professions because they enjoy the "power over" dynamic.  There is for some a perverse sort of pleasure in degrading and humiliating others.

Most women who end up in prison have been sexually assaulted in their life times.  A strip search can cause a woman to relive feelings of degradation and humiliation.  Whether this is the staffs intention or not and whether it is written into law or not assault is the woman's experience.  Here again she is being ordered against her will to remove her clothing and to stand, bend, lift, and stretch her body on command for no good reason.

The truth is that many female prisoners find a way to cope with this by dissociating themselves from their bodies.  They may pretend it isn't happening, or that it is someone else standing there, or they may simply pretend to themselves that it doesn't matter, that they don't care.  In any case it does have an adverse impact on the woman's mental health.  This is just the opposite of what we should be aiming for.  

I know you may not believe these statements to be accurate or you may dismiss them as the babble of a "bleeding heart liberal", but I hope you will at least consider that perhaps there is some merit to what I say. 

Human beings, human relationships are all so very complex and often there is more than what meets the eye.  I'm sure you will at least agree with that last statement. 

thank you for continuing the conversation on this topic

sheryl
Mother, Advocate, Survivor 



27/10/2011
To SHERYL JARVIS
Many thanks for your compelling confirmation and correspondence with Mr. Rathgeber, Sheryl. Thanks, too, for being such an articulate ally. All the best, Kim
Sent wirelessly from my BlackBerry device on the Bell network.
Envoyé sans fil par mon terminal mobile BlackBerry sur le réseau de Bell.



Tory MP Rathgeber refuses to apologize for criticizing director of national group devoted to helping women in prison

Democrat MP Peter Stoffer calls for Conservative MP's apology, but Brent Rathgeber says NDP 'putting the rights of criminals against the rights of law-abiding Canadians.'

Veterans Affairs Minister Steven Blaney, Defence Minister Peter MacKay and Status of Women Minister Rona Ambrose launch Women's History Month on Monday before a Tory MP crticized the Association of Elizabeth Fry Societies. (Photograph by Jake Wright)

By TIM NAUMETZ October 5, 2011

PARLIAMENT HILL—A Conservative MP who sat on a Commons advisory panel screening candidates for nomination to the Supreme Court of Canada is under fire for making a formal statement in the House sharply criticizing the director of a nationwide group devoted to helping women in prison.

Brent Rathgeber (Edmonton-St. Albert, Alberta) slammed Kim Pate, executive director of the Canadian Association of Elizabeth Fry Societies, for comments she made opposing a rise in strip searches of female Corrections Canada prisoners, describing the naked searches as “sexual assault by the state.”

Ms. Pate made the comment during testimony at the Commons Public Safety Committee the previous day, when she told MPs the strip searches are so invasive and prevalent that some women inmates have refused to have their children visit them in prison out of fear they would also be strip-searched.

She said the searches are for contraband of all kinds, including jewellery and cigarettes, and “virtually no drugs” have been found and no weapons in the searches of female prisoners, which Ms. Pate said have increased “massively” because of a recent ban on cigarettes in federal prisons.

Conservative MP Candice Hoeppner (Portage-Lisgar, Manitoba), who chaired the advisory panel screening nominees for two Supreme Court vacancies and is also a member of the Public Safety committee, also criticized Ms. Pate, after she made the comments in the committee.

Coincidentally, the third government MP on the Supreme Court panel, Robert Dechert (Mississauga-Erindale, Ontario) was recently the subject of lengthy controversy after he admitted to a series of romantic email exchanges with a Toronto-based journalist with China’s Xinhua state news agency, often accused of spying for the Chinese government.

NDP MP Peter Stoffer (Sackville-Eastern Shore, Nova Scotia) asked Mr. Rathgeber to apologize in the Commons to Ms. Pate but the Edmonton MP refused. A lawyer, Mr. Rathgeber and the other members of the panel took part in one of the most sensitive phases of the Supreme Court nomination process.

He accused Mr. Stoffer and the NDP, which had invited the Elizabeth Fry Societies to send a representative to the Public Safety Committee as part of a review of the use of drugs and alcohol in prisons, of “putting the rights of criminals against the rights of law-abiding Canadians.”

The phrase has been used repeatedly by the government and Conservative MPs to attack opposition MPs who have challenged a string of government crime bills over the past three years.

The Conservative members of the Supreme Court appointment advisory panel were all named by Prime Minister Stephen Harper (Calgary Southwest, Alberta) as he and Justice Minister Rob Nicholson (Niagara Falls, Ontario) began the reviews of candidates who will sit on the court as it braces for expected cases that could be among the most important it has heard in years.

Human rights lawyers say challenges against the omnibus crime bill, Bill C-10, the Safe Streets and Communities Bill, that the Conservative majority is currently rushing through Parliament are inevitable. They also say provincial challenges of legislation proposing to limit Senate terms severely and allow provinces to hold consultative elections on Senate appointments are also expected.

Mr. Hoeppner’s appointment as chair of the advisory panel came under scrutiny earlier because of the notoriety she won as the champion of the Conservative drive to dismantle the federal long-gun registry. Although a private member’s bill Ms. Hoeppner sponsored in the last Parliament to end the registry died in the Commons, her position on the panel was seen as a reward for the cross-country campaign she mounted.

Mr. Stoffer told The Hill Times he was astonished by Mr. Rathgeber’s attack against Ms. Pate, not only because of the group’s longstanding advocacy for women in prison, but because Mr. Rathgeber made the statement only four days into the internationally recognized Women’s History Month.

“We all have statements and if the Conservatives wish to attack the NDP or anyone else, in terms of political things, we don’t really care,” Mr. Stoffer said. “But if you’re going to attack the Elizabeth Fry Society and impugn their evidence, and impugn their motives, I think it is simply wrong.”

In the House, Mr. Stoffer said that the organization has been protecting womens' interests in the country and Mr. Rathgeber "goes after the Elizabeth Fry Society when it cannot defend itself. ... For many years it has been protecting the interests of women in this country, it has been protecting women who are incarcerated, many of whom are mentally ill and should not be in prison.”

In refusing to retract his statement, Mr. Rathgeber told the Commons: “The record from yesterday’s committee will reflect that I quoted the said society accurately and correctly, and I stand by those statements.”

Page 2 of 2

Ms. Pate told the committee the strip searches are a particularly traumatic experience for women inmates who have experienced sexual abuse and assault.

" Going back to the history of sexual abuse and physical abuse that many women have, many women find those kinds of invasive searches not just humiliating, but they become additionally punitive in terms of their histories of post traumatic stress, their histories of abuse,” she said.

NDP MP Joe Comartin (Windsor-Tecumseh, Ontario), his party’s representative on the panel, said he was surprised by what he had heard about Mr. Rathgeber’s statement.

“I’m a bit surprised it’s him, because as much as he is fairly mainstream conservative on these issues, he usually has more of a diplomatic approach,” Mr. Comartin said, suggesting it is possible the government directed Mr. Rathgeber to say what he did.

Liberal MP Irwin Cotler (Mount Royal, Quebec) cited his oath of secrecy for the panel and said he has not commented on any topic or MP associated with it.

Mr. Rathgeber told the Commons Ms. Pate’s description of strip searches as sexual assault by the state were “a slap in the face to our correctional officers, and legally dubious, it is absolutely insulting to those who have actually been victimized by a sexual predator.”

Mr. Comartin said the panel of MPs, which interviewed prospective candidates and reduced the field to a short list of six, reported the list of six to Mr. Nicholson last week. Mr. Nicholson and Mr. Harper are expected to announce the final two nominees next week.


Friday, July 1, 2011

BY KIM PATE:

Why are women Canada's fastest growing prison population; and, why should you care?

University of Western Ontario – Faculty of Law
Distinguished Speaker Series
March 18, 2011

Before I begin my comments, I want to acknowledge and thank the traditional custodians of this land that we now know as London.  The last time I was here, in November, it was to bury my dear friend, Trish Monture.  Trish was a proud Haudenosaunee woman, a Mohawk woman, mother, sister, auntie, friend, ally, scholar, writer, advocate, activist, woman of immense integrity, incredible courage and a brilliant schemer!  She left us too early and we miss her terribly, as we continue the work she inspired. May we all continue to be motivated and compelled to continue this work.  

As a non-Indigenous woman who lives in Algonquin territory and has the privilege and responsibility of walking with many Indigenous women, men and young people, I consider it a duty to name the negative impact of colonization on all of us – for we see the consequences in very stark and profound ways when we enter our prisons and see firsthand the over-representation of Aboriginal men, boys, girls, and  -- most especially -- women.  Indigenous women are more than one third (34%) of women serving federal sentences and more than 50%, 70%, 80%, even 100%, in some provincial and territorial jails and remand centres.

Our association has 25 members spread throughout Canada, providing services to marginalized, victimized, criminalized and institutionalized women, especially those who are imprisoned.  We also undertake policy and law reform initiatives, most of which, these days, are aimed at trying to undo the outrageous injustices being perpetrated at breakneck pace in Ottawa.  We also make every effort to address the interconnectedness of economic, social, legal and political decisions that contribute to women being the fastest growing prison population. 

As we see the further erosion of the substantive equality of women, especially those most vulnerable because of multiple intersections of marginalization and discrimination, be it race, sexual orientation, ability – particularly disabling mental health issues -- or those escaping violence, we are witnessing the exponential growth of women in prison.  Women are the fastest growing prison population worldwide. 

The fact that women are the fastest growing prison population is not accidental.  In Canada, we recognize that our links to the United States have meant that we were amongst the first countries to be impacted by the regressive, so-called, law and order agenda, which are making prisons the default option for those most significantly impacted by the destruction of social safety nets, and the evisceration of medical, economic and education standards and services. 

In too many communities and contexts, prisons are the only “service” that cannot turn people away because of waiting lists, a lack of beds or resources, change in mandate, et cetera.  Imagine if, instead of continuing to cram more people into over-crowded prisons, we limited the number of bed days available for judges to impose as sentences, or if we turned women away and would not allow them access to prisons when they really need housing, a shelter to escape violence, treatment to deal with past sexual abuse and other forms of trauma, drug and/or alcohol detoxification and treatment to address mental health and/or addiction issues.

In our organization, at the national level and amongst our members, we have recognized this reality very concretely by the change of our mission to articulate that we work with women who are criminalized versus the historic orientation of working with women who come into conflict with the law.  With this reality, we recognize that it is the laws and policies that are increasingly coming into conflict with peoples’ lives, resulting in the virtual inevitability of criminalization; rather than the notion that people are the full and consenting authors of their own circumstances. 

In Canada, in 1996, we decided to follow the U.S. lead when the federal government eliminated the Canada Assistance Plan and therefore the essential nature of Canadian standards of social, medical and educational resourcing.  We have now experienced the same sorts of cuts and knee-jerk band-aid responses – all of which norm crime and criminal justice and penal responses, thereby presuming criminality and perpetuating the problems of the past, be they crime prevention, homelessness, restorative justice or other responses. 

Canada is rushing to follow the U.S. race to incarcerate the most dispossessed for longer and more brutalizing periods.  Ironically, this is occurring at a time when many US jurisdictions are retreating from regressive ‘law and order’ agenda.  Moreover, in 2008, a panel of federal judges ordered California to reduce its prison population by 40,000 over the next two years – which reflects a roughly 27% cut from the current population of 150,000. Until very recently, Canadian politicians were ignoring their social and fiduciary responsibilities to Canadians by passing laws, seemingly without concern as to the human and fiscal costs associated with them. The long list of new criminal justice reforms, will raise incarceration rates out and suck resources out of the community.  Although, as I speak, today, the government’s refusal to reveal the costs of the current crime agenda, means that Parliament is in the midst of deciding whether the government is in contempt of Parliament.  

By creating criminally low social assistance – formerly known as welfare -- rates throughout Canada and even bans on receipt of state resources in some jurisdictions, many poor people are immediately relegated to the criminalized underclass.  Rather than resulting in the criminalization of poor women for welfare fraud, prostitution, drug trafficking or whatever other survival strategies are employed, if we were truly interested in addressing fraudulent transactions that harm others, then criminally low welfare rates might result in the criminalization of those who craft, those who pass, and those who enforce, the laws and policies, not those subjected to them.

We are also seeing the increased feminization and criminalization of poverty.   Welfare fraud is one example of how poor women are increasingly likely to be criminalized.  Their attempts to survive poverty too often results in charges ranging from fraud (including welfare fraud), soliciting, pimping, living off the avails, or, importing and trafficking.  As we learned via the Hamilton and Brown cases, African Canadian single mothers are literally recruited to traffic narcotics as they exit meetings with their assistance workers.  Women who are trying to make the rent and/or feed their children/families are especially vulnerable.  It used to be that we might see women resorting to such means to address extraordinary expenses such as birthdays, Christmas and/or other holidays, child care, summer camp expenses, et cetera.  It is increasingly the manner in which sole support moms are attempting to cover basic living costs.

In Ontario, we have the tragic reality of the life and death of Kim Rogers.  Kim was criminalized in the first place because she attended school, while she was receiving ‘Ontario works’ funding.  She was charged and convicted of "welfare fraud".  This label and resulting punishment were applied because Kim attempted to return to school as an adult in order to obtain an education while still on social assistance.  As part of the process, she also sought and received student loans.  Although everyone knows that it is impossible to live on welfare without some supplemental income/support, to be “caught” doing so means the near certainty of criminal prosecution.  We question why those responsible for the development of such harmful social policies and legislation are not held legally responsible for the human and social costs of criminalizing the most marginalized, vulnerable and oppressed. 

In Kim Rogers’ circumstances, her death was a result of criminal negligence and complicit political, economic, legal and social policy decisions, yet only she was held accountable. Moreover, after her death, we discovered that she could have been attending school and receiving additional benefits, had she or, more to the point, her worker known. She was eligible for disability benefits. Her usual work was waitressing and bar tending, but her knee surgery made it impossible for her to continue in that work, so she went back to school. 

We should all examine the realities regarding who benefits from the discrepancy in monitoring, charging, prosecuting and sentencing of tax evasion, unemployment fraud, OHIP/doctors’ over-billing, lawyers dipping in to their trust funds, GST fraud, versus the demonization of the poor exemplified by the criminalization and pursuit of welfare recipients.  We should also question why some behaviour is characterized as almost benign omission versus purposeful, criminally intended, fraud? 

During the mid-1990s, here in Canada, all of the provincial, territorial and federal heads of corrections met and agreed that we needed to reduce reliance on prisons.  They opined that as many as 75% of those in prison, either serving sentences or awaiting trial, could be released to the community, without any corresponding increase in risk to public safety.  The Correctional Investigator has repeatedly called on the government to address the needs of those with mental health issues in the community, rather than continuing to abandon them to prisons. 

In the United Kingdom, noted policy leaders such as Pat Carlen and the Howard League are amongst those calling for the criminal justice system to refuse to proceed with criminalizing the young, those escaping violence, those with intellectual disabilities and mental health issues; they are also amongst those calling for more decarceration, community development, and social (re)investment.  Indeed, many academics, professionals and practitioners on the front lines have also characterized the push to criminalize the most dispossessed as the present manifestation of race, ability, class and gender bias, and argue that this demands we examine our fundamental beliefs and notions of whose interests and biases are privileged, and at whose expense? 

When we know the histories of abuse, poverty and extreme marginalization that is the reality of most of the young women and girls with whom we work, it seems quite ludicrous that we continue to pretend that telling women and girls not to take drugs to dull the pain of abuse, hunger or other devastation, or tell them that they must stop the behaviour that allowed them to survive poverty, abuse, disabling health -- especially mental health -- issues, et cetera, in the face of no current or future prospect of any income, housing, medical, educational or other supports.  Surely none of us thinks it of benefit to anyone to continue to imprison women and girls, and then release them to the street with little more than psycho-social, cognitive skills or drug abstinence programming, along with the implicit judgment that they are in control of and therefore responsible for their situations, including their own criminalization.  We all must rethink, resist and reject such notions.

Indigenous women continue to suffer the shameful and devastating impact of colonization.  From residential school, to child welfare seizure, to juvenile and adult detention, Aboriginal women and girls are vastly over-represented in institutions under state control.  Although Aboriginal women make up 1-2% of the Canadian population, they make up 34% of the federal prison population, and too often represent the majority of the women classified as maximum-security prisoners.  Indeed, even as we work to deinstitutionalize and decarcerate, we are seeing that “treatment” is increasingly the colonial control mechanism of choice.  Indeed, we are already seeing this, as we first saw exemplified in the case of G, the pregnant young Indigenous woman who was institutionalized for forced treatment. 

The focus on fetal alcohol spectrum syndromes and disorders are gendered, classed and racist in approach and we must venture forth very carefully.  Consider for a moment the reality that such alphabet soup diagnoses of FAS, FAE, FASD, ARND [alcohol-related neurological disorders] et cetera, are most prevalent in countries that have high rates of criminalized Indigenous populations.  Even although the shopping lists of symptoms or characteristics of foetal alcohol labels overlap significantly with other conditions ranging from inadequate nutrition, oxygen deprivation, learning disabilities, attention deficit, et cetera, the labels are persistently utilized in places such as Canada, New Zealand, Australia and the United States.  It is not coincidental that these are also countries with high rates of criminalization of racialized Indigenous peoples. 

In the European Union, on the other hand, this approach is not seen as particularly helpful – they consider the symptoms and impact of other toxins, be they pollution, bad water, insufficient nutrients, lack of prenatal and postnatal supports, accidental brain injuries, lack of oxygen, et cetera, as equally important.  After all, despite the rhetoric that it is 100% preventable, since many women do not know they are pregnant before the apparently crucial day 17 of gestation, the only way to make it so would be to prohibit the consumption of alcohol by all women of child-bearing age. 

Moreover, since we don’t really know what the impact of alcohol is on male sperm, then likely it should also be illegal for men to drink too.  Obviously, we all want to limit the impact of alcohol and other toxins on foetal development, but we know that criminalizing behaviour is only likely to end up with a focus on those least able to defend themselves against it.  Current access to justice issues being what they are, a focus on fetal alcohol exposure, in isolation, is likely to continue to result in the disproportionate application of the law and societal judgment against poor and racialized women.

How many fewer diagnoses of FASD (fetal alcohol spectrum disorders), et cetera would there be if that label meant that the recipients thereof could not be relegated to the most isolating prison conditions?  If such a label meant that someone could not be criminalized but must be found to be in need of community supports because their disability renders them incapable of forming criminal intent, we predict that the diagnoses might virtually evaporate. Courageous jurists, like Mary Ellen Turpel-Lafond (as she then was) have tried to take on this issue in individual cases. We applaud and encourage such efforts and continue to push for broader, systemic change.  

It is no accident who is criminalized, nor who is imprisoned; and, nor is it an accident who is not!  What if, instead of denying and defending abuse of power and force by police and prison personnel, as well as the neglect and abuse of institutionalized persons, we collectively condemned and stopped such practices. 

I used to meet most women with significant mental health issues kneeling on a cement floor, or institutionally linoleum tiled floor, peering through a meal slot in a solid metal door.  For almost three years following the publicity surrounding the death of Ashley Smith, I was denied access to the segregation unit where she died.  In order to meet with the women in the circumstances Ashley faced before she died, they and I must “agree” to them being fully shackled, usually handcuffed to the back too, and isolated behind bullet-proof glass, monitored by 2-5 correctional officers.

In our attempts to address these issues, we have met with judges, prosecutors, the defence bar, correctional authorities and mental health professionals.  Mental health and youth workers, in particular, have lamented the reality that the evisceration of their resources, combined with the advent of zero tolerance to violence policies, have resulted in policy directives that instruct them to call the police and urge the pursuit of criminal prosecution in cases where those with mental health and/or intellectual disabilities are assaultive or abusive.  Behaviour that might previously have been considered to be symptomatic of the psychiatric or mental health label attached to the individual is treated as criminal or “bad” behaviour in the criminal justice context.  Reduced resources and priorities mean that they are usually without the requisite supports to handle the most challenging folk.  There is a long line-up of others in the community who are not criminalized awaiting treatment options, so they are seen as legally and ethically justified in making such decisions. 

The reflex of corrections to develop mental health service in prisons sounds positive to many, yet, in reality, it is only serving to exacerbate the trend to increasingly criminalize women with mental health issues and intellectual disabilities.  Developing such services in prisons at a time when they are increasingly non-existent in the community is resulting in more women receiving federal sentences because of a presumption that there is an ability to access services in prison that are not available in community settings.  It is vital that we recognize, however, that prisons are not, and cannot be, treatment or healing centres. 

In fact, those subject to federal terms of imprisonment are too often relegated to the most isolating conditions, almost inevitably accumulating additional charges and usually ending up serving many more years in prison, as a result of behaviour and charges arising in prison, largely in response to the conditions of confinement to which they are subjected.  For further insight into this phenomenon, I encourage you to read an article by Marian Botsford, entitled, “Life on the Instalment Plan”, in the March 2009 volume of The Walrus.

Unlike the sentiment expressed by mental health workers, corrections staff  necessarily categorize the mental health considerations as secondary.  Because they are dealing with people who have been criminalized, the behaviour is generally labelled as bad – manipulative, attention-getting, capable of control, [indeed, within the control of the individual] -- and mental health issues almost always take a back seat to security and punitive responses. 

We need to continually question who benefits from such approaches.  The off-loading of responsibility without requisite resources, the lack of appreciation by many of the impact of resource cuts, and the apparent belief that someone else will address issues, is resulting in the reality that increasingly, we are witnessing the abandonment of social issues to the criminal courts and penal systems to rectify.

The pre-existing lack of trust, connection and communication (too often further exacerbated by literacy and English as a second language issues) between ‘client’ and ‘counsel’ will only serve to further isolate the most marginalized.  Similarly, limited access to justice, especially as a result of cuts to legal aid, and the concurrent vilification of those left standing and/or advocating with and on behalf of the most marginalized, means that the last ones left standing with the women and girls we know, are generally without adequate supports or resources, so they also continue to be vilified for their inadequacy to make things work.

So, to sum up, according to Statistics Canada, there has been a steady increase in the numbers of people remanded in custody, and with the exception of a slight increase two years ago, the imprisonment rate for men has been falling for much of the last two decades.  It is appropriate that sentences reflect the credited time for pre-trial custody; pre-trial custody is generally warehousing in a maximum security – often very isolated – setting.  The lack of community-based resources and resulting increase in homeless people, those with mental health and addiction issues, as well as those escaping violence, is directly contributing to the increased numbers remanded in custody.

Women account for 10-15% of those charged with violent offences, and 45.5% of all property related charges against women, are for “shoplifting”.  85% of women in federal custody are serving their first federal term of imprisonment, 47.9% are between 21 and 34 years of age; 17% are serving life sentences. 

It currently costs between $185,000 and upwards of $350,000-500,000 per annum to jail a woman in the federal system, compared to approximately $35,000 for residency in a funded, supervised community-based setting.  Even a few weeks remanded in custody can interfere with housing, employment, social assistance, child custody, et cetera.  As such, it is not surprising that relative few women receive conditional sentences.  As the Parliamentary Budget Officer reported in June of last year, one new law alone – of the many already passed or in the works – will cost tax payers between 7 and 10 billion dollars.  Rather than addressing the egregious conditions in local lock-ups and remand centres, the government passed a law to eliminate judicial discretion to credit time served for those awaiting trial.   

Current and proposed legislation will promote the on-going construction of new federal, as well as provincial and territorial prisons across the country.  It is estimated that the expanded capacity of 6,000 spaces will cost of over $2 billion for construction and $310 million a year in operating costs.  These figures are considered to be conservative estimates.  Unfortunately, despite having campaigned on a platform of accountability and transparency, the government refused to disclose what its new criminal law and penal reforms will cost Canadians.  Although yesterday, they signaled they might retreat from their mantra that such information is protected by Cabinet confidence, there is still a paucity of accurate information regarding the cost of current criminal justice reforms.  As such, the breach of  fiduciary obligations to Canadian taxpayers continues.

So, where do we go from here?         

Where to -                               We want to continue to challenge lawyers and judges to throw out cases that bring the administration of justice into disrepute.  How can this not be the case for welfare fraud for instance?  Why have those responsible for the regressive legislative and policy decisions not been called to account?  Why do the provincial and federal governments routinely intervene to restrict access to justice by the oppressed, rather than assist them by intervening on behalf and in support of progressive laws and policies, for example, cases involving breaches of section 15 of the Canadian Charter of Rights and Freedoms?

We also need to challenge current definitions of mens rea and theories regarding definitions of what is a crime?  The opportunity for this was explored by the Law Commission of Canada – before they were obliterated -- regarding the definition of what is considered to be a crime.  Resources are always an issue when it comes to matters of equality and social justice, so we also need to ensure that adequate and flexible resources exist to assist women’s, Aboriginal, anti-poverty, and other grassroots groups and those living the oppression to alleviate – indeed eliminate -- the structural inequity occasioned by current social, economic and legal policies and law reforms. 

We need to breath life into the initiatives proposed by true leaders, women like Louise Arbour, who have called on us to demand a Canada that pushes for human rights that equate with freedom from want.  We must push municipal, provincial and federal governments to restore or develop sorely needed housing, social assistance, supportive women-directed counseling, educational and advocacy services, and facilitating access to them is another. 

Encouraging and facilitating the access of advocacy groups like ours and others doing feminist, anti-racist, anti-poverty and human rights work, to provide women and girls with accurate and accessible information and tools as to how to advocate individually and collectively, is yet another strategy.  Currently, our Elizabeth Fry Societies in Ontario are being denied access to women in provincial jails and information booklets regarding their rights are being seized and being labeled as “contraband” within the prisons.
Affordable academic and vocational training opportunities for women and girls is another vital need for women in and from prison. In a time where governments will be cutting social services in an attempt to balance their books, such spending is not only fiscally disastrous for all of us, but the diversion of funds into prison systems will further erode the social fabric of Canada.  It is more than disingenuous of our Parliamentarians of all political stripes to not challenge this rise in penal expenditure at a time when Canada is described as having a stable 'crime' rate.  Most of us do not want to have our tax dollars spent on building prisons instead of on social services, schools, and hospitals.

It costs substantially less to host and maintain community programs, than it does to build more prisons.  Furthermore, community-based prevention and sentencing options are more effective than prison in promoting public safety.

Members of Parliament and Senators have a fiduciary responsibility to exercise due diligence and cost benefit analysis before they spend taxpayer dollars. By passing the current crime bills without any idea as to how much they will cost Canadians, they have abdicated their fiduciary responsibility.  Moreover, by expecting taxpayers to write the government a blank cheque, they are further violating this relationship of trust.

We applaud recent efforts of Members of Parliament to exercise their public offices more responsibly. We must stand up and object to the current trend to send more people to prison instead of college and university.  Penal expansion has far reaching consequences beyond prison walls which are extremely damaging to all of us.

Much is possible, right now, if we merely have the will to stand together, to collaborate and confront the myths, misconceptions as well as the realities that are out current challenges. 

Crime is a theory. 

Name any behaviour and we will be able to identify times when it is considered legal and times when it is not.  Law and criminalization are theories and choices made by those who we give the authority, as well as those who take power. 

Who among us does not already acknowledge that jails are not the shelters battered women need, that they are not treatment centres or places of healing, that they are not an appropriate substitution for adequate and affordable housing, education or skills development.  We know who is and who is not in prison.  With few exceptions, the wealthy and most privileged are not jailed.  Crime is a theory -- defined, monitored and enforced for specific identifiable purposes. 

Rather than personalizing the various legal, human rights and social justice struggles and uprisings of prisoners, we are hopeful that increasingly, all will recognize that it is always in our collective interest when the oppressed resist and challenge their oppression.  Increasing prisoner access to the justice and equality occasioned by social inclusion will benefit all of us and all of our communities of interest. 

We encourage you to join the growing world-wide political, economic, and social coalition to stop the increased intrusion of the state in terms of surveillance and social control as well as the retreat of the state in terms of the provision of supportive social, health and educational services. 

And, as Lilla Watson, an Aboriginal woman in Australia has stressed, we need to work together to correct current injustice.  I will conclude with her words, shared with me more than 19 years ago by a woman inside.

If you have come here to help me,
you are wasting our time.
If you have come here because your liberation is bound up with mine,
then let us work together.

I dedicate these words to the memory of Trish Monture, her daughter Kate, as well as to Ashley Smith and the far too numerous other men, women and children who have died unnatural and preventable deaths in our prisons…

Thank you to all of you for the part you do now and will do, when you use your legal and other training and life experience to change the world, and try to prevent harm befalling others.  And, to women with the lived experience who are my constant allies, agitators, mentors and friends, your strength, courage and perseverance continue to inspire and drive me.

Thank you