I. Recommendations: Minister of Justice & Correctional Services
We recommend that the Minister of Justice institute legislative and/or written policy and practice reforms consistent with Canada’s human rights obligations to ensure that human rights protections are standardized across provincial correctional facilities, in particular in relation to the following:
Lockdowns
1. That minimum standards of treatment be adhered to regardless of lockdowns, meaning not simply that the standards expressed in the Mandela Rules (and accepted by appellate courts in Canada) should be followed—i.e., no subjecting people with serious mental health problems to any period of solitary confinement, and no solitary confinement beyond 15 consecutive days for others—but more generally, that people in custody should be guaranteed enough time out of cell each day to exercise outdoors, shower, telephone their lawyers, family and friends, and/or engage in religious and educational programming, as well as have access to other meaningful social interaction.
2. That a sufficient staffing complement be maintained, as well as an adequate scheduling system, to minimize short-staffing as a rationale for lockdowns.
3. That legislative standards and/or publicly accessible policies be adopted to address the following:
4. That upon being detained in their cell for 20 hours or more in a 24 hour period, each detainee should be provided with the following:
Covid quarantine unit
5. That the justification for liberty infringements during quarantine be recorded in a manner understandable to the prisoner, and provided to each affected prisoner.
6. That there be a daily reassessment of necessity of the infringement(s).
7. That written health policies and protocols governing COVID-19 measures are made publicly available.
Time outdoors
8. That correctional staff must ensure that incarcerated people are offered their daily entitlement to outdoor time.
9. That adequate weather-appropriate clothes (e.g., shoes, coats) be provided to facilitate outdoor time.
10. That, where prisoners are denied access to outdoor exercise, correctional staff ensure that they are advised in writing of the reasons for the denial, and that such reasons be restricted to those enumerated in section 57(2) of the CSA.
Cleanliness of units within facility
11. That there be a mechanism of accountability regarding cleanliness of facilities and that all prisoners be given proper cleaning supplies.
Access to showers
12. That prisoners be enabled to access at least one shower daily, regardless of whether in lockdown or close confinement or some other form of deprivation of residual liberty.
13. That time for showering is not “subtracted” from someone’s daily minimum allotment of time out of cell. This is especially important in circumstances where people are afforded very little time out of cell, as is the case with people in close confinement, who according to Nova Scotia’s Correctional regulations are entitled to be out of cell for a minimum of just 30 minutes every 24-hour period.
Intra-facility communications
14. That pursuant to the Mandela Rules, upon admission each individual be given written information regarding the law, regulations and policy governing the facility, as well as their rights, including how to access legal advice, further information in relation to prison law, and how to make complaints and requests.
15. That the written information provided should also include the prisoners’ obligations and any disciplinary sanctions should they be breached, as well as any other necessary information to assist the individual to adapt to life in prison.
Legal communications
16. That provincial correctional authorities establish mechanisms to ensure all prisoners, regardless of lockdown, are able to maintain access to counsel.
17. That provincial correctional authorities institute policies and practices to ensure that prisoners have meaningful access to free, private (unrecorded) communication with their counsel, regardless of whether the counsel is a staff legal aid lawyer or a private lawyer.
18. That provincial correctional authorities ensure that any correspondence between a prisoner and their lawyer (or any other class of confidential correspondence) is not opened nor read.
19. That provincial correctional authorities post policies putting prisoners on notice of their right to communicate with their lawyers in confidence, and adopt mechanisms to ensure that this right is assiduously protected without exception.
Family communications
20. That, regardless of lockdowns, prisoners be provided sufficient time out of cell to contact family and friends, reflecting reintegration as a mandate of NS Correctional Services. The CSA, regulations and policy should be amended to reflect this requirement.
21. That, should lockdowns persist, additional methods must be put in place to enable communication, including through the use of cordless telephones.
22. That a written, publicly available policy be created regarding contact visits, developed in consultation with community stakeholders, including formerly incarcerated persons and advocacy organizations for people in prison, with particular attention paid to the circumstances of parents who are incarcerated.
23. That a resumption of visits (following over twelve months of COVID-19 suspension of visitation) be instituted immediately, in consultation with Public Health, to reflect parity with resumption of visits by essential supporters and others in other congregate facilities across the province.
24. That as much programming as possible is provided in the context of shifting pandemic conditions, for example, by modifying through video programming, and enabling entry of certain limited program providers, and then fully reinstating programs as soon as possible.
25. That access to books through the library is provided as far as is possible in the context of shifting pandemic conditions, for example either bringing books to the day rooms, or allowing small groups to visit the library at a time, and that upon it being medically safe, full access is returned to the library.
26. That there be public reporting of when, why, and to what degree programs, religious services, and reading materials are available, and when full access will be reinstated.
Concerns related to Nova Scotia Human Rights Act: racism, access to smudging
27. That NS Correctional Services consult with African Nova Scotian and Indigenous prisoner representatives, and other community stakeholders and organizations that live and work within communities that are the target of racism, to better understand how to address and prevent racism.
28. That correctional staff must be diligent in ensuring daily access to smudging where requested.
29. That, where it is not feasible to facilitate smudging for whatever reason, reasons should be provided, as well as a timeline for when smudging may resume.
Strip searching after receiving opioid agonist therapy
30. That NSH and NS Correctional Services should convene a joint committee with community stakeholders, including formerly incarcerated persons and harm reduction experts, to develop a new system for distributing methadone, suboxone, or other OAT medications without relying on strip searches and in the least intrusive manner possible.
Inmate committees
31. That inmate committees be reinstated and given statutory foundation.
32. That publicly accessible policies be established regarding the functions of inmate committees.
II. Recommendations: Nova Scotia Health - Correctional Health Services
33. That NSH establish, and ensure prisoners are aware of and have access to, a health-specific complaint procedure.
34. That NSH ensure that its complaint procedure includes a mechanism for confirming receipt, clear timelines, a duty to give reasons and a clearly articulated appeal process.
35. That NSH create a system of medical appointments whereby prisoners are given appointment times substantially ahead of the appointment itself (whether in-facility or in community).
36. That NSH ensure that pressing medical issues be treated as such, enabling prisoners to have comparable access to emergency medical care as those residing in the community.
37. That, pursuant to Mandela Rule 25, NSH ensure that mental health professionals, e.g. psychologists, are on site sufficient time to ensure that prisoners struggling with their mental health are able to access regular therapeutic treatment other than psychiatric medication.
38. That NSH provide timely access to dental care.
39. That NSH ensure that medication is dispensed in the manner prescribed.
40. That, pursuant to Mandela Rules 34 and 35, NSH must actively maintain their independence from corrections, meaning:
III. Recommendations to the Government of Nova Scotia
41. That the NS Department of Justice work together with Community Services, Municipal Affairs / Housing, and Health to collaborate with the non-profit sector (including Elizabeth Fry Societies, Coverdale Courtwork Society and John Howard Society) to:
42. That Nova Scotia create a statutory body dedicated to independent monitoring of provincial corrections, meeting OPCAT criteria to ensure that the body can fulfill its purpose.
43. That Nova Scotia urge the federal government to ratify OPCAT.
We recommend that the Minister of Justice institute legislative and/or written policy and practice reforms consistent with Canada’s human rights obligations to ensure that human rights protections are standardized across provincial correctional facilities, in particular in relation to the following:
Lockdowns
1. That minimum standards of treatment be adhered to regardless of lockdowns, meaning not simply that the standards expressed in the Mandela Rules (and accepted by appellate courts in Canada) should be followed—i.e., no subjecting people with serious mental health problems to any period of solitary confinement, and no solitary confinement beyond 15 consecutive days for others—but more generally, that people in custody should be guaranteed enough time out of cell each day to exercise outdoors, shower, telephone their lawyers, family and friends, and/or engage in religious and educational programming, as well as have access to other meaningful social interaction.
2. That a sufficient staffing complement be maintained, as well as an adequate scheduling system, to minimize short-staffing as a rationale for lockdowns.
3. That legislative standards and/or publicly accessible policies be adopted to address the following:
- Reporting requirements: staff must create detailed and publicly accessible daily records of:
- Date(s) of the lockdown including duration
- Who authorized the lockdown and their reasoning in the circumstances for determining it was justified and necessary
- The length of lockdowns/rotations used (time in cell)
- The range(s)/unit(s) impacted by the lockdown
- The plan put in place to ensure the lockdown is as short in duration as possible, that persons with serious mental health conditions are not placed in conditions of solitary confinement for any period, and that limitations on liberty are otherwise kept as minimal as possible for the period during which the lockdown endures.
- The precise nature and range of liberty deprivations that may be affected pursuant to lockdowns and the steps that must be taken to ensure the variant of lockdown used is the least restrictive possible (e.g., time outside, exercise, limited programming, etc.)
4. That upon being detained in their cell for 20 hours or more in a 24 hour period, each detainee should be provided with the following:
- Access to legal counsel:
- Number for legal aid
- Forms for filing habeas corpus applications.
- A signed and dated form (to be updated every 5 days) giving notice of:
- The reasons for lockdown (transparent and intelligible)
- Expected duration
- Copy of the policy for the guarantees during lockdown
- That the individual sign the form indicating receipt and then is given a copy of the signed version
Covid quarantine unit
5. That the justification for liberty infringements during quarantine be recorded in a manner understandable to the prisoner, and provided to each affected prisoner.
6. That there be a daily reassessment of necessity of the infringement(s).
7. That written health policies and protocols governing COVID-19 measures are made publicly available.
Time outdoors
8. That correctional staff must ensure that incarcerated people are offered their daily entitlement to outdoor time.
9. That adequate weather-appropriate clothes (e.g., shoes, coats) be provided to facilitate outdoor time.
10. That, where prisoners are denied access to outdoor exercise, correctional staff ensure that they are advised in writing of the reasons for the denial, and that such reasons be restricted to those enumerated in section 57(2) of the CSA.
Cleanliness of units within facility
11. That there be a mechanism of accountability regarding cleanliness of facilities and that all prisoners be given proper cleaning supplies.
Access to showers
12. That prisoners be enabled to access at least one shower daily, regardless of whether in lockdown or close confinement or some other form of deprivation of residual liberty.
13. That time for showering is not “subtracted” from someone’s daily minimum allotment of time out of cell. This is especially important in circumstances where people are afforded very little time out of cell, as is the case with people in close confinement, who according to Nova Scotia’s Correctional regulations are entitled to be out of cell for a minimum of just 30 minutes every 24-hour period.
Intra-facility communications
14. That pursuant to the Mandela Rules, upon admission each individual be given written information regarding the law, regulations and policy governing the facility, as well as their rights, including how to access legal advice, further information in relation to prison law, and how to make complaints and requests.
15. That the written information provided should also include the prisoners’ obligations and any disciplinary sanctions should they be breached, as well as any other necessary information to assist the individual to adapt to life in prison.
Legal communications
16. That provincial correctional authorities establish mechanisms to ensure all prisoners, regardless of lockdown, are able to maintain access to counsel.
17. That provincial correctional authorities institute policies and practices to ensure that prisoners have meaningful access to free, private (unrecorded) communication with their counsel, regardless of whether the counsel is a staff legal aid lawyer or a private lawyer.
18. That provincial correctional authorities ensure that any correspondence between a prisoner and their lawyer (or any other class of confidential correspondence) is not opened nor read.
19. That provincial correctional authorities post policies putting prisoners on notice of their right to communicate with their lawyers in confidence, and adopt mechanisms to ensure that this right is assiduously protected without exception.
Family communications
20. That, regardless of lockdowns, prisoners be provided sufficient time out of cell to contact family and friends, reflecting reintegration as a mandate of NS Correctional Services. The CSA, regulations and policy should be amended to reflect this requirement.
21. That, should lockdowns persist, additional methods must be put in place to enable communication, including through the use of cordless telephones.
22. That a written, publicly available policy be created regarding contact visits, developed in consultation with community stakeholders, including formerly incarcerated persons and advocacy organizations for people in prison, with particular attention paid to the circumstances of parents who are incarcerated.
23. That a resumption of visits (following over twelve months of COVID-19 suspension of visitation) be instituted immediately, in consultation with Public Health, to reflect parity with resumption of visits by essential supporters and others in other congregate facilities across the province.
24. That as much programming as possible is provided in the context of shifting pandemic conditions, for example, by modifying through video programming, and enabling entry of certain limited program providers, and then fully reinstating programs as soon as possible.
25. That access to books through the library is provided as far as is possible in the context of shifting pandemic conditions, for example either bringing books to the day rooms, or allowing small groups to visit the library at a time, and that upon it being medically safe, full access is returned to the library.
26. That there be public reporting of when, why, and to what degree programs, religious services, and reading materials are available, and when full access will be reinstated.
Concerns related to Nova Scotia Human Rights Act: racism, access to smudging
27. That NS Correctional Services consult with African Nova Scotian and Indigenous prisoner representatives, and other community stakeholders and organizations that live and work within communities that are the target of racism, to better understand how to address and prevent racism.
28. That correctional staff must be diligent in ensuring daily access to smudging where requested.
29. That, where it is not feasible to facilitate smudging for whatever reason, reasons should be provided, as well as a timeline for when smudging may resume.
Strip searching after receiving opioid agonist therapy
30. That NSH and NS Correctional Services should convene a joint committee with community stakeholders, including formerly incarcerated persons and harm reduction experts, to develop a new system for distributing methadone, suboxone, or other OAT medications without relying on strip searches and in the least intrusive manner possible.
Inmate committees
31. That inmate committees be reinstated and given statutory foundation.
32. That publicly accessible policies be established regarding the functions of inmate committees.
II. Recommendations: Nova Scotia Health - Correctional Health Services
33. That NSH establish, and ensure prisoners are aware of and have access to, a health-specific complaint procedure.
34. That NSH ensure that its complaint procedure includes a mechanism for confirming receipt, clear timelines, a duty to give reasons and a clearly articulated appeal process.
35. That NSH create a system of medical appointments whereby prisoners are given appointment times substantially ahead of the appointment itself (whether in-facility or in community).
36. That NSH ensure that pressing medical issues be treated as such, enabling prisoners to have comparable access to emergency medical care as those residing in the community.
37. That, pursuant to Mandela Rule 25, NSH ensure that mental health professionals, e.g. psychologists, are on site sufficient time to ensure that prisoners struggling with their mental health are able to access regular therapeutic treatment other than psychiatric medication.
38. That NSH provide timely access to dental care.
39. That NSH ensure that medication is dispensed in the manner prescribed.
40. That, pursuant to Mandela Rules 34 and 35, NSH must actively maintain their independence from corrections, meaning:
- That if inmates are experiencing mental or physical suffering as a consequence of conditions of confinement, the attending medical service provider must act on this knowledge by recommending a change in the conditions that are causing or contributing to such suffering, and
- That NSH regularly send physicians to inspect the jails and advise on conditions of confinement.
III. Recommendations to the Government of Nova Scotia
41. That the NS Department of Justice work together with Community Services, Municipal Affairs / Housing, and Health to collaborate with the non-profit sector (including Elizabeth Fry Societies, Coverdale Courtwork Society and John Howard Society) to:
- Provide community-based alternatives to pre-trial detention (“bail beds”), and short- and long-term supports for persons released from detention, persons serving sentences of probation or conditional sentence orders, and persons granted conditional release from East Coast Forensic Hospital patients granted community release, and
- Commit core funding to ensure the sustainability of these alternatives.
42. That Nova Scotia create a statutory body dedicated to independent monitoring of provincial corrections, meeting OPCAT criteria to ensure that the body can fulfill its purpose.
43. That Nova Scotia urge the federal government to ratify OPCAT.