The Dominion - Prisons

Raising Justice, Reducing Harm

taramichelle — Wed, 15 Aug 2012 09:40:07 +0000

Ottawa Prisoners' Justice Day raises awareness on the impact of prisons on drug use

OTTAWA—The issue of harm reduction in prisons dominated the presentations at the Prisoners’ Justice Day event held in Ottawa, at the Jack Purcell Community Centre on August 10. The event included a table fair, a prisoners’ book drive and presentations from organizers and former inmates.

“Prisoners’ Justice Day is a day of solidarity, to honour and remember all prisoners who have died unnatural deaths while incarcerated, and to cast light on the on-going human rights issues present in prisons,” said Jennifer Rae, a member of Campaign for Safer Consumption Sites in Ottawa (CSCS), in a speech. “This year, [the] day will also focus on the need for harm reduction policies in Canadian prisons to reduce the spread of infectious diseases and save lives.”

CSCS, an organization that promotes dignity and respect for all drug users, was one of the many community groups organizing this event. According to her speech, estimates of HIV and Hepatitis C prevalence in Canadian prisons are respectively 10 times and 20 times the estimated prevalence in the rest of Canada, and are especially high among drug users. Additionally, suicide rates in prisons are seven times higher than the general Canadian population, and between 2005 and 2010 there were over 33,000 formal complaints from prisoners, mostly regarding lack of health care in federal prisons.

Caleb Chepesiuk is the Harm Reduction Program Coordinator at AIDS Committee of Ottawa, another group organizing the event. The group provides support and promotes the wellbeing of people affected by HIV/AIDS. Chepesiuk said that the prison policies do not provide a space for safe drug use, encouraging the spread of infections such as HIV and Hepatitis C.

“The policies create more harm for people who use drugs than the drugs themselves,” he said. “There has been a call for a needle distribution system in prisons for years now…and this is being actively ignored by our politicians and bureaucrats.”

Chepesiuk added that even people who are on trial or spending shorter periods of time in prisons are also at a risk of facing many problems.

“Whether it is a couple of weeks or a couple of months, [those policies] disrupt any efforts of getting employment, or housing, all those different pieces that really help build a healthy community,” he said.

On August 10, inmates in Canada and in prisons around the world went on a hunger strike in memory of Eddy Nolan who bled to death in Millhaven Penitentiary in Ontario on August 10, 1974. That incident along with a four day riot that resulted in the death of two inmates at the Kingston Penitentiary in 1971 led to major improvements in the Canadian prison system.

Inmates also released a statement on Prisoners’ Justice Day, written by Alex Hundert, and Mandy Hiscocks, both community organizers who are currently imprisoned on charges related to activist organizing around the G20 Summit, in Toronto in 2010. The statement was written with input from more than a dozen inmates inside the Central North Correctional Complex in Penetanguishene Ontario.

Similar events were held in other Canadian cities such as Toronto, Halifax and Vancouver, Montreal and Sudbury.

Crystel Hajjar is an Ottawa-based writer, organizer and climate justice activist.

Ottawa Prisoners' Justice Day

Canada's Punishment Agenda

dawn — Fri, 03 Aug 2012 18:52:00 +0000

Omnibus crime bill will mean more prisons and more prisoners

MONTREAL—If you grow pot at home for personal use, here’s a tip: keep it to five plants or fewer.

Come November, getting caught growing between six and 200 marijuana plants deemed to have been produced for the purpose of trafficking will trigger a mandatory minimum of six months in jail. The maximum sentence for growing upwards of five plants will also double, to 14 years in prison.

These are just a couple of examples from a gamut of changes to Canada’s Criminal Code under Bill C-10, which the feds have dubbed the “Safe Streets and Communities Act,” commonly known as the Omnibus Crime Bill.

“Bill C-10 will require new prisons; mandate incarceration for minor, non-violent offences; justify poor treatment of inmates and make their reintegration into society more difficult,” reads a critique of the legislation prepared by the Canadian Bar Association, which represents more than 37,000 jurists in Canada. “Texas and California, among other jurisdictions, have already started down this road before changing course, realizing it cost too much and made their justice system worse.”

Bill C-10, which the lawyers' group says will change Canada’s entire approach to crime at every stage of the justice system, was approved in March. From policing to wait periods between parole applications, changes linked to C-10 are being phased in through to the end of 2012. The bill also gives border guards discretion in the granting of work permits to migrants they deem to be "vulnerable to abuse or exploitation."

“The government keeps talking about how this is an agenda to address victimization,” said Justin Piche, an Assistant Professor in Criminology at the University of Ottawa. “In my view this is a punishment agenda, and should be viewed accordingly."

Piche’s research focuses on prisons and prison construction in Canada, and he predicts C-10 could trigger a new wave of prison construction in Canada.

“In the Canadian context, the provinces and territories have built or are in the process of building 22 new prisons and 17 additions to existing facilities since 2008 that added over 6,000 new prison beds at a construction cost of nearly $3 billion,” Piche told The Dominion. “These prisons were built in a context where provincial and territorial governments were trying to largely address the remand demand, the surge in the proportion of remand prisoners that they were housing in the last decade and a half.”

The majority of the 24,000 adults who are in prison on a given day in Canada are remanded prisoners, meaning that even though they haven't been convicted, the courts have ordered that they be held in jail while awaiting a court appearance. The number of adults in remand has been steadily climbing since the 1980s. “In 2009/2010, adults in remand accounted for 58 per cent of the custodial population while those in sentenced custody comprised the remaining 42 per cent. Ten years ago, the proportions were reversed, at 40 per cent and 60 per cent, respectively,” reads a document prepared last year by Statistics Canada.

The rise in people held under remand is connected to the current wave of prison construction and expansion, but new moves to implement mandatory minimums could lead to filling up the very provincial and territorial prisons built supposedly to prevent overcrowding because of remanding.

“What we’re seeing in terms of the mandatory minimums, more of them being introduced, particularly in C-10, [is that] a lot of them are going to have an impact on the provincial and territorial prisons, which may trigger a new subsequent wave of prison construction,” said Piche.

Mandatory minimum sentences for narcotics possession is one of the most controversial elements of the Conservatives’ Crime Bill, because it copies similar legislation in some US states that has been shown to increase the amount of prisoners without decreasing the supply of drugs.

“Bill C-10 is solidifying trends over the past decades with CSC [Correctional Services Canada], and will result in more people being imprisoned for more time,” according to Marie Dennis*, a prisoner solidarity activist based out of Montreal. “At the end of the day Bill C-10 doesn’t change that much for people in terms of people who are already inside, especially with life sentences, but what it does is solidify into law certain practices that have already been in place, which makes it harder for those practices to change at all if you have a slightly liberal warden or something like that.”

However, there are still a few important ways C-10 will impact people who are currently imprisoned, as well as those who are on parole. Waiting periods for people denied parole to re-apply will jump from six months to one year, ensuring more people will spend a longer time in jail.

“One thing that does change that hasn’t been in the law before is that now if you are on parole, the government can put electronic bracelet on you, in terms of tracking where you’re going and trying to figure out exactly where you’ve been,” Dennis told The Dominion. “That wasn’t something they were able to do before, [something] that has been written into Bill C-10, that a lot of people don’t know about.”

*Marie's name has been changed at her request. Dawn Paley is a freelance journalist and co-founder of the Vancouver Media Co-op.

Prison Print

Canada's International Cop Out

dawn — Thu, 19 Jul 2012 19:28:20 +0000

Former head of Ontario Provincial Police named Minister of International Co-operation

MONTREAL—On July 4, Prime Minister Stephen Harper appointed Julian Fantino, the former head of the Ontario Provincial Police, as his new Minister of International Cooperation. The arrival of an ex-cop at the top of Canada's international development portfolio seems like a fitting symbol for the overall direction of Canadian foreign policy during the Harper government's reign.

A policeman for more than 40 years, Fantino rose steadily through the ranks, serving first as chief of police in London, Ontario, then the former York Region, and later Toronto, before being named as the Ontario Provincial Police Commissioner in 2006. Fantino's career then went political, and he was elected the Member of Parliament for Vaughn in November, 2010, and was re-elected in May, 2011.

Throughout his career, Fantino has been involved in a considerable number of controversies. Perhaps most famously, Fantino oversaw the harsh repression of Toronto residents and anti-G20 protesters in the Ontario capital city in June of 2010.

Enzo DiMatteo, associate news editor at Now Magazine, covered Fantino's career for over more than 20 years, and coined the term "the OPP's top dick" to describe the province's former head cop.

"When you think of Julian Fantino you have to understand that there wasn't a microphone that he didn't like. He was constantly in the spotlight," DiMatteo told The Dominion. "He was very much his own man, very much did his own thing, very much didn't really care about civilian oversight… He was viewed as a bit of a cop's cop, but I think he was just a stubborn fellow who really didn't have much time for anybody's point of view, other than his own, quite frankly."

The new International Cooperation minister hasn't always placed cooperation at the forefront, especially when it pertains to cops killing civilians. Fantino's name is on the docket of a case expected to appear before the Supreme Court of Canada in 2013, regarding how police take notes at crime scenes. The families of Levi Shaeffer and Douglas Minty, both of whom were killed by officers during Fantino's days as top dick at the OPP, have used the courts to try and prevent police from having their crime scene notes vetted by lawyers before they're written.

Rachelle Sauve, from the Coalition Justice for Levi campaign, agrees with DiMatteo's description.

"The modus operandi of a man who is very much a police officer, and who...has gotten very comfortable with a certain level of impunity that he still gets to act out [in] moving away from that old role, leaves me in a very uncomfortable feeling position regarding what sort of aid and development we are going to bring through CIDA while he is in office," Sauve told The Dominion.

Nation-to-nation relations have not been Fantino's strongest suit. Fantino's fame as a bully exploded with the release of wiretapped conversations between himself and Mohawk activist Shawn Brant in 2007.

In the spring and summer of that year, when Mohawks at Tyendinaga repeatedly blocked CN Rail lines, Fantino called Brant to let him know what his future would hold if he continued to work with his community to defend the land.

"And you know what I don’t wanna I don’t wanna get on your bad side but you’re gonna force me to do everything I can within your community and everywhere else to destroy your reputation," Fantino told Brant in a phone conversation which was illegally recorded by the OPP. Fantino later claimed he was unaware the line was tapped. Their conversation, which was later published by the CBC, continued:

Julian Fantino: You know if you pull this off I’m liable to say that your your issues are are are are critical and they’re important and and I’ll speak to that but uh if you don’t then I’m gonna go the other way and I’m gonna say that you’re just destroying and you’re abusing you’re using the people and you’re you’re actually being a mercenary about it using the suicide of children and all those those legitimate uh issues and you don’t want that because I think I can I can I can play the media routine like you do

Shawn Brant: Hey Mister Fantino uh

Julian Fantino: Right

Shawn Brant: I I put two of my own babies in the ground um

Julian Fantino: I’m sorry

Far from his checkered past of politicized police raids in poor communities, and threats of ruining the reputation of activists, Fantino's first statement as Minister of International Cooperation aimed for a kinder, gentler message.

"I look forward to continuing the good work already done by CIDA around the world," said the newly-appointed minister. "In particular the efforts to save the lives of mothers, children, and newborns as part of Canada's Muskoka Initiative."

The first male to hold the position since Don Boudria left his post in 1997, Fantino will oversee an international cooperation ministry with a growing emphasis on policing and police training.

"Maybe it's fitting that we have a police officer—a former police officer—running the aid agency now, kind of playing the good cop to the military's bad cop as far as global order is concerned," said Nik Barry-Shaw, who co-authored a recent book on Canadian non-governmental organizations titled Paved with Good Intentions. "One of the kind of rough titles that we had for the book was...Good Cops of Global Capitalism. That's kind of the role, putting the human face on things that are fundamentally pretty ugly."

Canada is deeply involved with police training around the world, but it is the RCMP's ongoing role in training Haitian police forces has come under perhaps the most intense public scrutiny.

"A large part of what was...listed as aid to Haiti was in fact funding for police training in Haiti, and that was done with RCMP officers who were down there to train their Haitian counterparts in the arts of close quarter combats," Barry-Shaw told The Dominion.

RCMP training of Haitian police was happening at a time when there were regular raids of neighbourhoods that supported deposed president Jean Bertrand Aristide. Some of these raids ended in civilian massacres carried out by police. More recently, the RCMP have become involved in training Mexican police.

Fantino's appointment followed the announcement of former Minister of International Cooperation Bev Oda's resignation. Oda will leave her post as MP of Durham, Ontario, on July 31.

Dawn Paley is a freelance journalist. Follow her on Twitter @dawn_.

Fantino

Canada Boosts Police Power in Mexico

Tim McSorley — Wed, 04 Jul 2012 10:45:35 +0000

Ottawa's role in the permanent war against the people of Mexico

CIUDAD JUAREZ, MEXICO—The music is loud and the bar is well stocked. I sit timidly with a can of beer, eyes on the entrance. This was a happening nightclub before Juarez was transformed into a war zone. My companion, Julian Cardona, who used to shoot photos for the society pages of a local newspaper, describes what it used to be like here: Hummers triple-parked on the sidewalk, hundred-dollar tips, well-dressed Texans waiting behind velvet ropes to get in. Not anymore. The night I visited, the place was near empty, waitresses busy with their iPhones, a wandering cigarette vendor calling out to make a sale.

It was Cardona's idea to go to the nightclub; he said it would help me understand the city better. His career has taken an unexpected turn because of the violence: these days, instead of shooting for the society pages, he shoots crime scenes in one of the world’s most violent cities.

Ciudad Juarez, a city that boomed with the introduction of maquiladoras, has long been a city with high levels of violence. The murders of women through the 1990s gained international attention. For each dead woman, there were nine murdered men.

But when Juarez transformed into the focal point of Mexico’s war against drug traffickers, things in the city began to change beyond recognition. President Felipe Calderon launched a militarized war on drug traffickers at the beginning of his term in December 2006. At the end of March 2008, thousands of soldiers and federal police officers arrived in Ciudad Juarez as part of a surge against drug traffickers. After the police and troops arrived, the murder rate skyrocketed, violence increased, and kidnappings spiked. Ciudad Juarez became synonymous with everything that is wrong in Mexico.

But what’s happening in Mexico and in Juarez isn’t happening in isolation. On the one hand, drug consumption in Canada and the US fuels much of the demand that keeps the cartels in business. On the other, Canada and the US have increased their support for the Mexican police and army, even as their role in cities like Juarez is coming under intense criticism. This relationship was highlighted in March when defence ministers from all three countries held trilateral meetings for the first time.

"What we've seen here in [Ciudad Juarez] is that the city was militarized on the last day of March of 2008, when federal forces arrived here, thousands of troops from the army and the federal police," said Carlos Yeffim Fong, an activist and student who lives in Ciudad Juarez. At the peak of the militarization of Juarez, between 2009 and 2010, 5,000 federal police and 5,000 soldiers were in the city.

"Generally, before the soldiers came, there was an average of two murders a day, and when the soldiers arrived, that number began to rise, to five, and later to 10," recounted Fong on a cool November afternoon at the campus of the state-funded Autonomous University of Ciudad Juarez (UACJ). "We've seen various cases where the army and federal police killed minors, as well as police and soldiers directly involved in robbery."

Locals also link federal police, known in Mexico as Federales, to kidnapping.

"When the wave of kidnappings grew, it was because of the arrival of the federal police," said Leobardo Alvarado, who runs the alternative news outlet JuarezDialoga. "Of course, it hasn't been proven that it has to do with that, but yes there are many documented cases where there were people linked to the federal police who committed these crimes."

The involvement of police in illegal activities is nothing new. "Mexican police, indeed, are widely reported to be involved in the trade of drugs, actively through assistance or passively through corruption," wrote Mathieu Deflem, a professor at the University of South Carolina, in 2001. But over the past ten years, the level of police involvement in the drug trade has deepened.

"There's always been a really close line, or, well, they're the same," said Cardona, who has lived in Juarez for over 30 years. "The police and the entire state apparatus, all of the institutions of the state, have always been the guarantors of the drug trade."

I interviewed Cardona on the patio of a Starbucks, the only establishment in Juarez that still dares to open its outdoor seating area. Our table faced a Wal-Mart, built over top of what was once a bullfighting arena. Every so often, we'd see a police car make a slow loop through the parking lot, lights flashing.

Police involvement in the drug trade intensified with the growth of Mexico's internal drug market, whose expansion has to do in part with increased border controls introduced after September 11, 2001. "Just 10 years ago, there was a lot of narcotrafico in Mexico but Mexicans themselves weren’t consuming the drugs," said Dr William I Robinson, professor and author of A Theory of Global Capitalism. "Now there’s millions of Mexicans that are addicted to drugs, and that are consumers of drugs also, and that’s because of those changes at the border and the changes in the velocity of drugs moving through Mexico."

As local drug markets grew, according to Cardona, police began to move drugs themselves, to execute people and even to move bodies in patrol cars, all of which meant they earned more money. Instead of wiping out these behaviors, the militarization of the city seems to have exacerbated them. "What happens is that when the Federales arrive in Juarez, and the army, is that they basically displace local state or municipal police from their markets," said Cardona.

Not everyone agrees on what exactly pushed Ciudad Juarez onto the map as a city with one of the highest murder rates in the world. The mainstream media claimed the violence stemmed from a turf war between the Sinaloa Cartel and La Linea, the armed wing of the Juarez Cartel, which they claim police and soldiers helped to quell. Upon careful examination, this narrative is constructed in the media using official sources such as unnamed officials and the US Drug Enforcement Administration. The residents of Juarez I spoke to, however, place the blame squarely at the hands of the police and the army.

According to Molly Molloy, a librarian at New Mexico State University who tracks the violence in Mexico, close to 95,000 people have been murdered in the country since the beginning of Calderon's term. In Juarez alone, more than 10,000 people have been murdered since 2008. Officials often state the dead were involved in the drug trade, but murders are rarely investigated.

"Most of the killings are between people, well, the people who died were unarmed," said Dr. Hector Padilla, a professor at the UACJ, with a dry chuckle. "The majority are people who were in transit, or who were working, or in their homes and someone arrives and pluck," he said, making a gun with his fingers and pulling the trigger.

The Internal Displacement Monitoring Centre puts the number of internally displaced people at 160,000, though other studies show the number could be much higher. In addition, more than 5,000 people have been disappeared since 2006, and the number of federal prisoners has quintupled to more than 18,000, 40 per cent of whom are in pre-trial detention.

Images of gun-fighting, seized drugs and arrests are regularly reported on the evening news, while blogs disseminate torture-kill videos and grisly images of massacres and corpses cut into pieces.

Since the war on drugs was declared, police and policing have been a key component of the Merida Initiative, a US-Mexico strategy that aims to disrupt drug traffickers. In 2010, there were an estimated 409,536 police in Mexico, according to Insyde, a non-profit organization involved in US-funded police training. Federal police, of which there are more than 30,000, all receive in-country military training.

Before the US announced the Merida Initiative in 2007, Canada had already begun to increase security co-operation with Mexico.

Under the rubric of the Security and Prosperity Partnership, then-Minister of Public Safety Stockwell Day and his Mexican counterpart agreed to create a working group focused on bilateral security co-operation in early 2007. Two years later, RCMP officers were training Mexican Federal police.

"The Royal Canadian Mounted Police, along with trainers from the United States and other international partners, are providing basic training to Mexican Federal Police recruits," said Stephen Harper during a stop in Guadalajara in 2009. In addition to training 1,500 low-level Federales, the RCMP trained 300 mid-level Mexican officers, and 32 Mexican police commanders received training at the Canadian Police College.

There is no transparency from the RCMP regarding which Mexican officers have attended training in Canada, and thus far no way to verify whether or not Canadian-trained officers have been directly involved in criminal acts. "For security reasons we cannot give you the names of the Officials that attended training at our Canadian Police College," wrote RCMP media liaison Greg Cox in an email to The Dominion.

By late 2011, US funding had been used to "train over 55,000 law enforcement and justice sector officials, including 7,200 Federal police officers," according to the US State Department.

The New York Times reported that this training involved "conducting wiretaps, running informants and interrogating suspects."

Regardless of the stated efforts of international police forces, corruption among Mexican police has not diminished. "We do not want to overstate this finding: We see no evidence that police corruption is actually falling," reads a 2011 report prepared by the right-wing Rand Corporation.

RCMP and US training of Mexican police is taking place alongside officers from Israel, Colombia, France, Spain, El Salvador, Holland, and the Czech Republic. Maribel Cervantes Guerrero, the highest ranking federal police officer in Mexico, was trained in the US, Israel and Spain.

International co-operation in matters of security creates spaces where "bureaucrats and military elites actively study and borrow each other’s techniques and advise one another on effective ruling practices," according to Laleh Khalili, a Senior Lecturer in the Department of Politics and International Studies at the University of London.

Renewed international interest on the part of Canada, the US and others in training Mexican police comes despite the fact that there is no proof that such training improves security or democracy.

"There is no evidence that almost a century of US assistance to foreign police has improved either the security of the people in recipient countries or the democratic practices of their police and security forces," points out Dr Martha Huggins, who has written extensively on US training of Latin American police. Instead, she says, "the outcome of such training may suggest that the training of Latin American police has deliberately been used to increase US control over recipient countries and those governments' undemocratic control over their populations."

But this isn't just about the US training Mexican cops. The RCMP’s training of Mexico’s police indicates that Ottawa is interested in developing a stronger influence over Mexico’s internal security matters.

In addition to police training, Canada and Mexico hold annual political, military and inter-army talks, and work together with the US and other nations through the Florida-based, anti-drugs Joint Interagency Task Force South. Mexico is also a member state of Canada's Directorate of Military Training and Co-operation, an organization the Department of National Defence says is designed to "enhance bilateral defence relationships with countries of strategic interest to Canada."

From March 26 to 27, 2012, defence ministers from Canada, the US and Mexico held their first trilateral meeting, promising to increase defence co-operation in the fight against drug cartels, as well as protecting trade. "By virtue of our geography, our peoples, and our trading relationship, our three nations share many defence interests,” reads a joint statement by defence ministers.

With bilateral merchandise trade at $21.3 billion and Canadian foreign direct investment at $4.9 billion in 2009, the government of Canada considers Mexico "one of Canada’s most important trading partners in the world."

By 2011 there were more than 2,500 Canadian companies operating in Mexico. Canada's presence is especially strong in the mining and aerospace sector; Goldcorp and Bombardier have made major investments over the past two years.

Canada's growing corporate presence in Mexico may in part explain the increasingly close military and police co-operation. "If it’s a problem for Mexico, it’s a problem for Canada," said Defence Minister Peter MacKay in a statement to the media after the March meeting.

The fact that policing is the central focus of Canada’s security engagement with Mexico is in line with current military strategy, which advocates local police taking a key role over the long term.

"In the simplest of terms, the aim of military intervention is to restore the situation to the point at which the host nation police and security forces are able to maintain law and order," reads Canada's Counterinsurgency Operations Manual.

Indeed, getting the army off the streets of Juarez and the rest of Mexico is also a stated goal of the US State Department. "The Ambassador emphasized that the Mexican military needed an exit strategy," reads a State Department cable released by Wikileaks. "Mexico must build up its civil police and prosecutorial forces to fill much of the space currently occupied by the military."

Though homicide rates have begun to drop in Ciudad Juarez, there continues to be far more murders in the city than there were prior to 2008. Federal police still patrol Juarez, usually masked, often in the back of a pick-up truck with semi-automatic AR-15 rifles across their chests. Residents indicate that simply being out on the street is enough to provoke search and detention by police, likening the situation to an unofficial curfew under which the poorest are regular targets for police abuse.

Far from improving security for residents of Mexican cities and towns, the replacement of soldiers with an expanded, internationally trained, militarized police force is tantamount to the extension of war, by another name.

Dawn Paley is a freelance journalist and co-founder of the Vancouver Media Co-op.

Mexico outlines