Inmate raises stink over toilet incident
Man says he was asked to clean up more than 36 litres of raw sewage
Cody Punter
Northern News Services
Published Friday, December 19, 2014
SOMBA K'E/YELLOWKNIFE
An inmate at the North Slave Correctional Centre is raising a stink after claiming he was forced to clean up 36 litres of raw sewage in his cell without proper protective equipment.
In an undated letter addressed to Justice Minister David Ramsay, inmate Patrick McCarthy complained he was unfairly penalized after he was unable to stop the flow of waste water burbling from an overflowing toilet while equipped with only a wet vac and a pair of rubber gloves.
"A very foul and offending smell proceeded to come and there was fecal matter, urine and bits of toilet paper everywhere," he wrote.
The problem began the day before on Oct. 19 when McCarthy heard a "big bubble" gurgling from the toilet in his cell. He tried flushing the toilet but that only caused the toilet to overflow and flood his cell. He was subsequently moved to a different cell and plumbers were called in the next day to fix the problem, he stated.
By then the floor of the cell was covered in sewage, McCarthy wrote, and the plumbers were not able to immediately fix the problem.
McCarthy stated he was subsequently told by a corrections officer to clean up the mess with a mop or face institutional charges. After explaining to the guard the extent of the mess, the officer compromised and said he could have a wet vac to use. As for protective gear, McCarthy wrote he was only given rubber gloves. McCarthy told Yellowknifer on Thursday that he should have been given a hazmat suit, describing the scene as a "biohazard."
Despite not getting the proper protective equipment, McCarthy proceeded to fill the 18-litre wet vac twice, but when the toilet overflowed once more McCarthy stated he refused to clean anymore, arguing that the job should be done by the Department of Public Works and Services. Later that night, he was charged for disobeying a direct order.
Although charges against him were later dropped because, according to McCarthy, the warden agreed the guard's demand was unreasonable, by that point the damage had already been done, said McCarthy.
"It was too late," he wrote. "I was made to clean up potentially toxic and diseased waste without proper (personal protective equipment) ... I am not a plumber or waste specialist, I am an inmate doing time that is it."
'Inhumane' treatment
"I was treated (inhumanely), unfairly and my rights were neglected to the fullest extent."
In a written response to McCarthy's complaint, dated Nov. 25, Blair Van Metre, acting director of corrections, wrote to say the correctional centre's inmate handbook states "inmates are responsible for their own room and that it is to be kept neat and clean."
Van Metre also said that requesting McCarthy to clean the cell was "not unreasonable," as it had to be cleaned before the public works department could unclog the toilet. He added McCarthy had been given "appropriate cleaning material" to complete the job.
While McCarthy stated his charges were dropped after his case was heard before a warden's court, Van Metre said the charges were "disposed of due to clerical error."
In his letter, Metre said an outside contractor was required to finish cleaning the cell. However, McCarthy told Yellowknifer two inmates, one of whom he is friends with, were offered McDonald's and Kentucky Fried Chicken to clean up the mess with nothing but rubber gloves on to protect themselves.
"To put someone's health and safety in jeopardy, to bribe them with a little bit of the outside world ... that is absolutely insane," he said.
Van Metre is currently on annual leave and could not be reached for comment. The Department of Justice did not comment before press time.
Range Lake MLA Daryl Dolynny was among several people copied in McCarthy's letter to Ramsay.
While he acknowledged there was some validity to McCarthy concerns, Dolynny told Yellowknifer he had not yet reached out to Ramsay or McCarthy to try and resolve the issue.
"I don't want to undermine what Mr. Van Metre has written, obviously he's taking on the perspective of the facility and probably following policy and procedure to the best of his knowledge," he said.
While he was not willing to weigh on the specifics of the incident, Dolynny said, on the whole, the GNWT's safety policies leave much to be desired. As for McCarthy's complaint, he said it raised important questions about whether the correctional facility's policies are humane, and if so, whether they are being properly followed.
"There's some validity to what Patrick (McCarthy) is saying here," Dolynny said. "Are we asking inmates to do acts that regular people wouldn't do, just because they're incarcerated?"
"I'm not saying we need a full inquiry here but I think the minister needs to weigh in here in terms of finding out beyond a reasonable doubt what transpired with this particular situation. And is this an operating standard of practice in our correction's facilities."
Ramsay was travelling and could not be reached for comment by press time.
McCarthy said he met with the director of the facility to discuss the incident on Dec. 17. McCarthy was told by the director, who's name he did not know, that he would "do his homework" and review what had happened.
