Some inmates at NWT jails will be temporarily released in an effort to mitigate the risks of COVID-19 after over a dozen defence lawyers urged the territorySA国际影视传媒檚 department of justice to take immediate action to protect vulnerable prisoners.
Inmates with one month left remaining on their sentences who do not pose a public safety risk SA国际影视传媒� and who have SA国际影视传媒渁ppropriate support networksSA国际影视传媒� post-release SA国际影视传媒� will be granted temporary absences, stated Kim Schofield, Assistant Deputy Minister, Solicitor General, of the Department of Justice in a letter dated March 27.
On March 23, 15 NWT defence lawyers signed a letter calling on Corrections Service to grant temporary absences in the wake of COVID-19 SA国际影视传媒渂efore itSA国际影视传媒檚 too late.SA国际影视传媒�
The department says it will mull the temporary release of other low-risk inmates approaching the end of their sentences, too.
SA国际影视传媒淚n the coming days a similar review will be expanded to include inmates with less than three months remaining on their sentences,SA国际影视传媒� wrote Schofield. The letter does not lay out a timeline of when that determination is expected to be made.
According to Schofield, the department is working alongside the Public Prosecution Service of Canada (PPSC) SA国际影视传媒� CanadaSA国际影视传媒檚 prosecuting authority SA国际影视传媒� the Courts and defence lawyers to reduce the number of people coming into Corrections Service-run facilities on remand.
People in remand custody are in jail awaiting trial. The bulk of all inmates in the territorySA国际影视传媒檚 three jails, located in Yellowknife, Hay River and Fort Smith, are on remand.
SA国际影视传媒淭his work seeks to ensure that only people who are a risk to public safety are being remanded in our facilities,SA国际影视传媒� wrote Schofield.
Schofield confirmed Corrections Service has granted temporary absences for all intermittent sentenced inmates SA国际影视传媒� people who serve sentences on weekends. The move was requested in the letter sent by the 15 defence lawyers late last month.
The justice department also faced calls to identify all remanded prisoners who could be vulnerable to COVID-19 because of their age or underlying health conditions, to make sure they'll be able to speak with legal counsel about seeking bail.
Schofield stated the justice department is SA国际影视传媒渁ctively working with the Public Prosecution Service of Canada to support the review of all remanded offenders currently in NWT correctional facilities to identify remanded accused who may be candidates for a judicial interim release.SA国际影视传媒�
Schofield noted that the inmates identified through that process would have to SA国际影视传媒渃onsent to taking such an approach and provide a reasonable bail plan in consultation with their legal counsel, but the ultimate approval for a judicial interim release would of course remain with the Court.SA国际影视传媒�
The lawyers also called on Corrections Service to SA国际影视传媒渋mmediately make each institutionSA国际影视传媒檚 plan for prevention, testing, outbreak management, and treatment of COVID-19 public,SA国际影视传媒� after the justice department had refused to do so. SA国际影视传媒 requested details on the jailsSA国际影视传媒� contingency plans and was denied.
In a change of tone, the justice department now says SA国际影视传媒渋nmates, their families, and their advocates need to have confidence that the Corrections Service is taking every precaution possible to ensure the health and safety of individuals in their care in response to the COVID-19 pandemic.SA国际影视传媒�
The Department of Justice will take the necessary steps to ensure that the information contained in this letter is made publicly available by posting this letter on the Departmental website along with the recently added Questions and Answers document,SA国际影视传媒� wrote Schofield.
WhatSA国际影视传媒檚 being done at NWT jails to keep inmates and staff safe amid COVID-19?
Currently, Schofield said inmate populations at each facility allows for one inmate per cell.
In her letter, Schofield outlines health and safety measures being taken at YellowknifeSA国际影视传媒檚 North Slave Correctional Complex, South Mackenzie Correctional Centre in Hay River and the Fort Smith Correctional Complex SA国际影视传媒� steps she said build on already-in-place plans to confront the spread of infectious diseases in correctional facilities.
For one, the department says health safety messaging is being hammered home at a heightened scale: social distancing is being promoted, and the importance of hand washing and limiting contact with surfaces is being encouraged at a heightened level.
Screening has also seen some significant changes, said Schofield.
Inmates entering the facility are now met with a questionnaire, and if an SA国际影视传媒渋nmate is symptomatic they will be isolated from other inmates and health staff will contact Public Health to arrange testing,SA国际影视传媒� stated Schofield.
Inmates will not be allowed to enter jailsSA国际影视传媒� general populations unless theySA国际影视传媒檝e been medically cleared to do so.
SA国际影视传媒淚f a situation occurs where an inmate is showing new symptoms, the Corrections Service will hold the inmate exhibiting symptoms in separate areas away from the general population,SA国际影视传媒� according to the department.
Added measures include having the inmate wear a protective face mask while requiring staff to wear gloves, masks, gowns and protective glasses.
According to SchofieldSA国际影视传媒檚 letter, SA国际影视传媒渆ach facility has sufficient supplies available to meet both inmate and staff personal protective equipment requirements.SA国际影视传媒�
SA国际影视传媒業SA国际影视传媒檓 thrilledSA国际影视传媒�
Peter Harte, one of the defence lawyers who called for action to protect inmates in late March, said heSA国际影视传媒檚 happy with the move from the Corrections Service.
SA国际影视传媒淚SA国际影视传媒檓 thrilled theySA国际影视传媒檙e minimizing the extent to which thereSA国际影视传媒檚 a vulnerable population at risk of exposure to COVID-19,SA国际影视传媒� said Harte. A client of HarteSA国际影视传媒檚 was approached by a caseworker at NSCC to see if he could be released earlier, an indication that NWT jails are making efforts to minimize harm, said Harte.
SA国际影视传媒淪o as far as I can tell everybody is making good faith efforts to get everybody out of custody where thereSA国际影视传媒檚 a reasonable basis to do so,SA国际影视传媒� he said, including the Public Prosecution Service of Canada. In his talks with the Crown counsel, Harte said he understands the PPSC is currently identifying inmates who can have their remand status revisited in an effort to reduce numbers in NWT jails amid COVID-19.
SA国际影视传媒淚tSA国际影视传媒檚 easy to say SA国际影视传媒榯his person is a criminal, lock him up, too bad, so sad.SA国际影视传媒� But (Corrections Service and the PPSC) appear to have the inmatesSA国际影视传媒� interests genuinely at the forefront with this. So I was encouraged it got dealt with on that basis that quickly,SA国际影视传媒� said Harte.
SA国际影视传媒榃eSA国际影视传媒檙e looking at every fileSA国际影视传媒�
Chief federal prosecutor Alex Godfrey said the PPSC began reviewing files of inmates on remand about two weeks ago, before the letter was sent to the Department of Justice, in an effort to mitigate risks by potentially reducing the number of low-risk inmates at NWT jails in the wake of COVID-19, while balancing the need to keep the public safe.
Prosecutors worked with defence lawyers to agree on case resolutions and to develop release plans for some inmates, but not all were eligible, said Godfrey.
SA国际影视传媒淏ut we are, of course, prepared to look at those matters again should defence counsel wish to bring anybody forward to our attention,SA国际影视传媒� he told SA国际影视传媒.
Some for prisoners, whether sentenced or on remand, temporarily release is simply not on the table: theySA国际影视传媒檙e either serving time for, or accused of, serious offences including murder, manslaughter and sexual assault, said Godfrey.
Nevertheless, PPSC continues to work with Corrections Service, and defence lawyers to find solutions for inmates who are eligible for release, he said.
SA国际影视传媒淲eSA国际影视传媒檙e certainly looking at every file, making sure weSA国际影视传媒檙e protecting the public while making sure the accused personSA国际影视传媒檚 health is also protected as well," said Godfrey.
"Everybody in the justice system is uniquely concerned with respect to accused persons' in the NWT and making sure that things are done properly. When everyone works in one direction it's certainly helpful but I would really applaud the efforts of Corrections Service, , defence counsel and the Courts," added Godfrey.
