Pubdate: Mon, 12 Nov 2012
Source: McGill Daily, The (CN QU Edu)
Copyright: 2012 The McGill Daily
Contact:  http://www.mcgilldaily.com/
Details: http://www.mapinc.org/media/2638

A DISTORTED UP VISION OF JUSTICE

Three weeks ago, a man charged with a drug-related offence was given a
reduced sentence by Quebec Judge Isabelle Rheault. The justification
used by the judge was not related to the facts of the case, nor the
prisoner's behaviour. Instead, she argued, the conditions at the
inmate's detention center - Bordeaux Prison in northwest Montreal -
were so bad that time spent there should be considered as more
punishing than the norm. Rheault cited an infestation of "rats and
vermin," the prevalence of gangs, and a high rate of drug consumption
in her reasoning. Stephane Lemaire, head of the union of correctional
officers in Quebec, commented that, due to the conditions in the jail,
"at Bordeaux, we can't [rehabilitate]."

The idea that prisons should primarily serve as rehabilitation centres
is a liberal idea that dates to the nineteenth century. While Canada's
prison system has never fully succeeded in this goal, the very concept
of rehabilitation is increasingly ignored, while already appalling
conditions in prisons are worsening. The Safe Streets and Communities
Act (Bill C-10), passed by Parliament last March, is a deliberate
effort to move Canada's justice system toward the more punitive model
long used in the United States. Some of the most detrimental
stipulations in the bill are the introduction of mandatory minimum
sentences, tougher penalties for drug-related penalties, serious
limitations on government-issued criminal pardons, and longer
sentences for young offenders. Canada's prison population has reached
an all-time high, and has seen huge growth in the prairie provinces
and among Aboriginal peoples, who are already overrepresented among
inmates by a ratio of nearly ! seven to one.

Judge Rheault's decision was one of the more recent in a series of
events that demonstrate just how quickly the Canadian prison system is
deteriorating. Conditions in Canadian prisons are undeniably
overcrowded. While Bill C-10 promises to increase the prison
population, the federal government is actually closing two of its
penitentiaries, while adding additional beds to cells in certain
prisons. This measure, called "double-bunking," is often cited by
prison guards in association with prisoner-on-prisoner violence.
Addressing the risk double-bunking poses to prison guards and inmates,
a spokesman representing the Union of Canadian Correctional Service
Officers referred to the practice as "extremely dangerous."

When passed, Bill C-10 was derided not only by provincial governments,
but by a group of conservative legislators from Texas, led by Jerry
Madden, the head of the state's House Committee on Corrections. Madden
argued against Bill C-10 because he believes that longer sentences
will lead to a higher prisoner population, something that hasn't
helped his state deal with the problem of crime.

Unfortunately, this year has also seen a serious reduction in some of
the creative solutions that were previously offered to prisoners.
Across Canada, all non-Christian prison chaplains are being laid off,
ending faith services for religious minorities. The LifeLine program,
one of Corrections Canada's only methods of rehabilitating with
long-term offenders, was cut despite the fact that its success has
spawned an imitation in the United States. Other rehabilitation
programs, including an award-winning one in Ottawa that reintegrates
inmates into communities, are also facing cuts. While the government
makes the argument of fiscal necessity, eliminating programs that
prevent re-offence and promote employment among ex-offenders may prove
more socially and economically damaging over the long term.

The odd spectacle of Canada adopting a discredited punitive system,
while Americans look north for solutions to their massive and
untenable prison population, makes sense in light of the Conservative
government's populist bent. Canadians have expressed support for the
government's 'tough on crime' approach, despite the fact that crime is
at an historic low. While most social scientists, the Canadian Bar
Association, the Union of Canadian Correctional Officers, and the
nation's largest provinces oppose Bill C-10, the legislation is
deliberately designed to make voters feel more safe, no matter the
reality of its effect. Unfortunately, aside from demonstrating a
callous disregard for the well-being of incarcerated citizens, the
bill promises to exacerbate rather than prevent crime.

Canada is sliding deeper into a system that fulfills a vengeful,
inhumane, and ultimately detrimental vision of justice. Rather than
focusing on punitive measures, we should direct our energies to
rehabilitation and healing. Beyond the prison system, if crime is to
be honestly dealt with, then root social issues must be addressed.
This can only be done by embracing individuals as people worthy of
change, not objects to be cast into abusive and static institutions.
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