Transcript Deaths in Custody John Winterdyk Director, Centre for

John Winterdyk (assistance from Crystal Hincks)
Director, Centre for Criminology and Justice Research
Mount Royal University
Calgary, AB, Canada
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Overview… “every death in custody
presents a human rights issue”
 Role and Mandate of the Office of the Correctional
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Investigator (OCI)
OCI’s Deaths in Custody Study
National Roundtable for Preventing Deaths in Custody
Current study
Conclusion
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 Federal Adult Corrections
• Offenders serving sentences of two years or more.
• 13,500 incarcerated federal inmates.
• 9000 federal offenders serving their sentences in the
community under conditional releases and parole.
 Provincial Adult Corrections
• Offenders serving sentences of less than two years.
• 20,000 incarcerated provincial inmates (including
10,000 remand).
• 105,000 provincial offenders on probation and parole.
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Mission of OCI
• federal prison Ombudsman offering oversight of federal
Corrections, the Correctional Investigator contributes to
public safety and the promotion of human rights by
providing independent and timely review of offender
complaints.
• The Correctional Investigator makes recommendations
that assist in the development and maintenance of an
accountable federal correctional system that is fair,
humane and effective.
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Responsibilities of OCI
Key Functions
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Individual inmate complaints
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Systemic Issues and policy review
related to areas of complaint
 Special Portfolios
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Women’s Issues
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Aboriginal Issues
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Investigations into Serious Injuries and Deaths / Use
of Force
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Mental Health
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OCI operations 2007-08
6396 inmate inquiries or complaints
 4256 investigations
 2039 offender interviews
 297 days of visits to institutions
 127 incidents of serious injury or death
 982 incidents involving Use of Force
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Key Issues
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Prog/Serv
Grievances
Staff
Visit/FPV
Case Prep
Admin Seg
Conditions
Transfer
Cell Effects
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Health Care
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Health Care
Cell Effects
Transfer
Conditions
Admin Seg
Case Prep
Visit/FPV
Staff
Grievances
Prog/Serv
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Deaths in Custody… CDN context
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Legislative Framework: The Corrections
and Conditional Release Act (CCRA)
Section 19 of the CCRA:
(1) Where an inmate dies, the Correctional Service of
Canada (CSC) shall forthwith investigate the matter
and report to the Commissioner of Corrections.
(2) The CSC shall give the Correctional Investigator a
copy of its report.
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Deaths in custody in Australia
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Deaths in Custody: Background
 1991 Royal Commission in Aboriginal deaths in custody
 Peaked in 1997… but to many Ab in custody and too often
 In Annual Report 2005/06, the OCI highlighted its concern
about the high number of deaths and injuries in federal
institutions.
 Each year, 50-60 inmates die in federal penitentiaries.
 The OCI is concerned about the number of similar findings
and recommendations made year after year by the CSC
national investigations, provincial Coroners/Medical
Examiners after reviewing inmate deaths.
 Concerns led to the first commissioned study by a senior
academic from the University of Ottawa to study deaths in
custody.
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Deaths in Custody Study
 The Deaths in Custody Study examined 82 reported
suicides, homicides and accidental deaths in custody
from 2001 to 2005, inclusive in Ontario.
 Study reviewed CSC board of investigation reports and
action plans, Coroners/Medical Examiner’s reports,
correspondence between CSC and both OCI and
Coroners/Medical Examiners’ offices, and other
documents pertaining to each fatality.
 The objective of the Study was to identify areas in
which improvements might enhance the CSC’s ability
to prevent or respond to medical emergencies,
assaults and self-injury in the future.
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Deaths in Custody Study: Key Findings
 The CSC failed to consistently incorporate lessons
learned and implement corrective action over time
and across regions.
 Similar errors are repeated, and similar findings and
recommendations are being made time and again.
 The CSC resists or fails to reasonably act on a large
proportion of Coroners/Medical Examiners’ findings
and recommendations, compared to the findings and
recommendations of its own boards of investigation.
 The report concludes that “…the Service fell short in
implementing its own policies and practices, and in
doing everything possible to avert a fatality.”
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Deaths in Custody Study: Issues Raised
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Timeliness of CSC Investigative Process
Delivery of Heath Care
Delivery of Mental Health Care
Training
Record Keeping
Information Sharing
Quality of Security Videos
Security Issues
Monitoring At-Risk Factors
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National Roundtable for Preventing
Deaths in Custody
• UK Forum created in October 2005 in response to an
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inquest into deaths in custody by the Joint Committee
on Human Rights, made up of Peers and MPs.
Forum established to learn lessons, share best
practices and effect change to prevent deaths in
custody across different institutions.
Monitors and collect data on deaths in police custody,
prisons, immigration custody, and those detained
under the Mental health Act.
Forum includes 15 members who have the
responsibility for detaining and caring for those in
custody.
Multi-disciplinary approach, including Coroners, MH
professionals, health care, Corrections, police, etc.
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Current situation
 CSC is addressing some of the Deaths in Custody
Study’s findings, including the responsiveness of its
investigative process and its capacity to provide
timely mental health interventions.
 CSC is also addressing OCI recommendations of
two separate reports, including the report on the
circumstances surrounding the death of Mr.
Blackwind and Ashley Smith.
 Progress is slow, and more effort is necessary to
prevent deaths in custody.
 …current study
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Current Study
 Three provinces
 ON, BC, and AB
 300+ cases 2000-2009
 Data – Medical Examiners’ Office/Corners Office
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