Saturday, February 23, 2019

Desperately Seeking Solutions

"Some youth in Manitoba have been confined in solitary, denied their basic needs and refused meaningful human contact for days and weeks on end."
"[Colton's case represents] a clear violation of human rights of international standards."
"What we discovered ... was extremely concerning, unacceptable and must immediately change."
"Ultimately, [these practices] may increase recidivism and compromise public safety."
Daphne Penrose, Manitoba children's advocate 


Data from Statistics Canada indicates that the Province of Manitoba has the highest rate of youth incarceration in the country. Over 80 percent of youth sentenced to prison in the province are of Aboriginal descent. The province's children's advocate along with provincial ombudsman Marc Cormier undertook an investigation co-jointly in the use of solitary confinement, segregation and pepper-spray in youth jails in the province.

Their investigation yielded a 100-page report recommending the province immediately end solitary confinement in excess of 24 hours for youth in custody. Among the recommendations was that Manitoba Justice restrict punitive segregation use overall. The report further called on the province to erect a facility with a focus on addressing emotional trauma, mental illness and associated psychological impairments in youth who are diagnosed with these conditions and frequently are locked up in prison.

She pointed out in specific a youth by the name of Colton who had been placed for over a year in isolation, a young man who had been diagnosed with fetal alcohol spectrum disorder, attention deficit disorder and other cognitive issues. This very picture of a vulnerable teen was nonetheless made to endure over 650 days in solitary confinement, a condition whose toll on his already-fragile state of mind could only have exacerbated his problems to an inestimable degree of harm.

In 2015 the advocate's office received a number of complaints about segregation and pepper spray in two youth jails located in Manitoba: Agassiz Youth Centre and Manitoba Youth Centre. In their review the investigators discovered that between September 2015 and August of 2016, youth corrections staff had placed 157 males in solitary confinement in no fewer than 498 instances. Some 20 percent of those cases lasted for over 15 days.

Solitary confinement was defined by the advocate as being alone in a cell for over 24 hours with no meaningful human contact, much less mental stimulation; an emotional vacuum. The use of solitary confinement and segregation, the advocate pointed out, is harmful to youth, injurious to any options they may have in future to achieve successful reintegration into society.

On his part, the provincial ombudsman issued a separate report with 32 recommendations addressing segregation, mostly with a focus on reviewing compliance with correctional service laws and regulations. His suggestion was for jails to have policies that clearly indicate segregation cannot be used as a disciplinary tool.
"I think it is important to know that youth in segregation are there because their behaviour poses a risk to themselves, to other inmates or to staff."
"Every effort is made to ensure that youth go back into general population at the earliest opportunity."
"The health, safety and security of staff and inmates at our youth correctional facilities is one our top priorities."
Manitoba Justice Minister Cliff Cullen

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