Options few for female prisoners
Lawyer says holding women in RCMP cells before they have been convicted an example of gender inequality
John McFadden
Northern News Services
Friday, May 29, 2015
SOMBA K'E/YELLOWKNIFE
A Yellowknife lawyer says not only is it unfair to hold female inmates who haven't been convicted of a crime in the RCMP cells but that it is unfair to police as well.
Paul Falvo said the holding cells are not a very comfortable place.
He was responding after RCMP confirmed an 18-year-old woman was held for five straight nights in an RCMP holding cell earlier this year before being convicted of the crimes on which she was being held awaiting a court date.
Men held at the North Slave Correctional Centre while awaiting court dates get better treatment, Falvo said.
"It is not a proper corrections facility and despite the best efforts of the RCMP it's not going to be a comfortable place to be for any length of time," Falvo said.
"The cells are meant to hold people while their matters are first being dealt with, for periods up to 24 hours, maybe even over a weekend, but it's not a place where anybody is meant to spend any kind of long-term detention.
"The basic problem is that the female corrections facility and the courthouse are not in the same community. So we have the female facility in Fort Smith and the courthouse in Yellowknife."
Lydia Bardak, executive director of the John Howard Society which advocates on behalf of prisoners, said it is not the fault of the RCMP that the territory doesn't have a remand facility or a bail house.
Judges used to be able to grant three days credit for each day spent in an RCMP holding cell awaiting a bail hearing, trial or a sentencing hearing. But that discretion was taken away from judges under the federal government's truth in sentencing legislation, Bardak said.
"People in those harsh conditions don't get that recognized at sentencing. They don't get the credit," she said. "In an RCMP cell, it's staffed by a guard who is not able to open the doors, only a police member can open the doors. So a person can't get out for exercise or fresh air. There is no recreation, no counselling, there are no visits. There's no real meals because there is no kitchen."
In a news release issued by RCMP in response to a Yellowknifer story May 27 on the 18-year-old woman kept in a holding cell, RCMP stated the cell had water, a toilet as well as a blanket and mattress. Prisoners are provided with food. They are provided an opportunity to shower and are provided reading materials when it is safe to do so.
They are not provided with a pillow.
In a further e-mail, RCMP Const. Elenore Sturko stated prisoners are not held in cells to serve sentences but only to facilitate access to court as required.
"During (the woman's) first court appearance on a Friday, the Justice of the Peace remanded her into custody for a (bail) hearing. On the following Monday, a judge made a decision to have her remain in custody. She was transported the following day to Fort Smith, Sturko stated.
She added the only visitors allowed for adults being held in RCMP cells are their lawyers. They are provided with a phone but only to speak with a lawyer, Sturko stated.
Food is purchased locally and prepared on site with porridge, toast and bananas for breakfast and pre-made heat and serve entrees for lunch and supper, she stated.
An opportunity to shower is provided to those in custody who have been in cells for two days and who are anticipated to stay further. A member is required to escort the prisoner to and from the shower area as operational requirements allow.
The lights are on to allow constant scheduled proscribed health and safety monitoring, Sturko stated. RCMP would not allow Yellowknifer to take a photo of a holding cell, nor did they provide one.
Incarceration for female prisoners for days on end at RCMP cells is nothing new. In 2008, a 21-year-old woman spent 17 days in RCMP cells in Yellowknife and Inuvik while awaiting court appearances on relatively minor charges of mischief and for missing court dates.
Sue Glowach, senior communications director for the Department of Justice, stated the department attempts to ensure female prisoners are brought to the woman's correctional facility in Fort Smith as soon as possible.
"Today we ensure female offenders are brought forward as soon as practicable to appear in court and transported to Fort Smith on a timely basis" stated Glowach.
"When court processes require an appearance in person, we transfer offenders and hold in RCMP cells until they are able to be returned to the corrections facility. When video conferencing appearances are allowed, this is performed directly from the Fort Smith facility. Offenders are remanded to facilities to ensure public safety and we work to uphold the court's orders."
