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'Inhumane and inexcusable' Judge reduces man's sentence because of poor conditions in Inuvik drunk tank
Daniel Campbell
Northern News Services
Published Monday, August 19, 2013
INUVIK
A 49-year-old Inuvik man charged with resisting arrest and assaulting a police officer was released from jail Aug. 13 because a Yellowknife judge said he suffered inhumane treatment in the RCMP drunk tank in the Beaufort Delta community.
Vernon Firth was picked up outside the Mad Trapper bar at 1:30 a.m. on May 26 for public intoxication. He was taken to the booking area at the Inuvik RCMP detachment with no incident.
When officers tried to place him inside the drunk tank with three other detainees, he struggled against them, needing to be restrained before officers could close the cell with him inside.
After allegedly assaulting another prisoner around 4:45 a.m., guards moved him to another jail cell. He spat in an RCMP officer's face after the officer said something to Firth.
Firth has a significant criminal record including violent offences.
Judge Bernadette Schmaltz said she'd normally impose a five- to seven-month sentence for the man's offences, but said his behaviour was related to the poor jail conditions.
The judge said she couldn't expect anyone to behave in a humane, respectful manner when they're being subjected to an inhumane situation.
"His resistance, though unlawful, is understandable," Schmaltz said.
Firth was held in custody for 80 days prior to his sentencing. Schmaltz gave him a 75-day sentence for his offences. He was released immediately because he'd already served the sentence waiting for the court proceedings to wrap up.
Schmaltz criticized the RCMP about the conditions of the drunk tank after seeing video of Firth inside. He was forced to sleep on a concrete floor with only one layer of clothing. He was not provided a bed or blankets. These conditions, she said, amount to state misconduct.
Schmaltz watched video footage of the cells, observing Firth trying to get warm near other detainees, covering exposed skin with his shirt and avoiding putting his bare skin on the concrete floor.
RCMP admitted to Crown prosecution the drunk tank was cold, but not deliberately so. They removed the blankets, mattresses and bedding because guards say they're used for mischief, become soiled and could be used as a weapon by prisoners.
But Schmaltz shot back, saying those in cells are allowed to wear a layer of clothing they could easily cause mischief with, as well.
"Not providing sleeping mats, at a minimum, because they have to be cleaned, is completely unreasonable," Schmaltz said.
She said jail cells should be equipped with proper heating, bedding and mattresses. Of the Inuvik cells, Schmaltz said they were "inhumane and inexcusable."
The judge slammed Firth for the spitting incident, saying the offence usually incurs a significant jail sentence.
"Spitting on a police officer is one of the most disgusting and degrading assaults," Schmaltz said.
Firth was also sentenced to one year of probation.
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