Class Action Suits that already against Toronto South Detention Centre & Other Provincial Prisons

Over the last few years different news outlets have been sharing stories about the inhumane and traumatizing conditions for those incarcerated and the staff at Toronto South Detention Centre. Some of the incidents include (not limited to): days of lockdowns similar to segregation practises, cancelled family visits, visits behind glass/video only, inmates eating off the floor in their cells due to the lockdowns, lack of timely access to health care, unsanitary conditions creating illness for those incarcerated, fights ending in severe injuries, inability to call family, etc. The government has done nothing to address these issues. They have continued to allow both staff and those incarcerated to have their rights violated under the United Nations Declaration of Human Rights (1948), the Canada Human Rights Act (1985), and the Ontario Human Rights Code (1962). Thus, these individuals have been and continue to be denied the right to health care, safety, and equal participation in life. It is time to take action in compensation. Additionally, it is time for the government to take leadership in shifting current practices and policies – into equitable practices and polices.

In November 2019 I got a phone call by accident from someone incarcerated at Maplehurst. They accidentally mixed up the last two digits of a phone number and it connected the call to me. We started talking and it was then I realized how terrible the conditions were also at Maplehurst. I made some phone calls for those incarcerated at Maplehurst because you can only make calls to phones that accept collect calls. Cellphones can only accept collect calls if you seek a third party plan to do so or if you have a house phone (which many do not have in this time as most have cell phones). One man had me text his mother to tell her where he was, if she could bring him money, and set up a third party provider cellphone connection to accept collect calls. Later that weekend, his mother showed up to visit him, put money in his canteen, and she set up the third party provider. He called me crying to thank me. Another man I helped him call TD bank to cancel his bank card – banks do not accept collect calls. Finally, another man, had me call the mother of his child to let her know where he was and when he was coming out. These incidents highlight the need in reforming the phone system in the jail system. This is unfair, injustice, and inequitable. These same issues occur at Toronto South Detention Centre. At least in Maplehurst, you can do in-person visits and behind glass. At Toronto South Detention centre in-person visits are only permitted for lawyers and professionals. Thus, -families and friends cannot have in-person visits at Toronto South Detention Centre.

There are a few class action law suit certified for specific prisons in Ontario – see the links below:

  1. https://kmlaw.ca/cases/ontario-prisoner-class-action/

2. https://www.mckenzielake.com/practice-areas/class-actions-law/ontario-detention-centres-class-action

3. https://www.mckenzielake.com/practice-areas/class-actions-law/The-EMDC-Class-Proceeding

You may also send me direct message or follow me on twitter @MoraSamadhi or

email me at: equityaddictionsincarceration@gmail.com

Federal & Provincial Prisons: Policy Changes Needed

  1. Requesting a multi-interdisciplinary Judge Review of Confessions admitted/ruled to be inadmissible into court. Everyone has biases. It is important to limit biases in decisions that impact the lives of people who may be incarcerated or already are. Additionally, any decision within the legal system, impacts families. Similarly in how medical assistance in dying requires two independent reviewers “To make a formal request for medical assistance in dying, the patient, if able, must fill out a written request, witnessed by two independent witnesses. The Ministry of Health and Long-Term Care has created a voluntary patient request form that can be used” (http://health.gov.on.ca/en/pro/programs/maid/). A similar standard needs to be applied within the justice system. Additionally, the Supreme Court of Canada, often has more than one judge deciding on the same case.
  2. Remove approval call lists or limit the 3-5-week approval wait time in all federal penitentiaries. It is unethical, injustice, and inequitable for people to have to wait 3-5 weeks for their approved call lists to occur to be able to call their loved ones and;
  3. Monitoring and accountability of all provincial prisons to ensure equitable and safe environments are occurring. Additionally, ensuring the rights of people working in these prisons and the ones incarcerated are not being violated under Canada Human Rights Act. 
  4. No visitation list limitations;
  5. Removing the barriers to calling – moving away from collect phone calls due to it creating barriers and violating the rights of equal participation in life, safety, and health;
  6. Providing more funding to ensure an increase in staff in all prisons and to prevent lockdowns;
  7. Legislation is needed on standards surrounding lockdowns because these practices are similar to segregation. It impacts both physical and mental health- of those incarcerated and the staff and;
  8. Ensuring there is access to trauma informed counselling and drug programs in all prisons
  9. Creating a working policy group with a range of people with lived experience in the prison system. Additionally, including correctional officers, judges, advocacy groups, and academics. 

News Articles – in 2019

https://www.thestar.com/news/gta/2019/12/23/judges-and-crowns-regularly-send-still-innocent-people-to-places-like-the-toronto-south-detention-centre-should-they-have-to-know-what-that-feels-like.html

https://www.thestar.com/opinion/star-columnists/2019/12/13/toronto-south-detention-centre-a-giant-black-hole-for-those-who-disappear-there-head-of-criminal-lawyers-body.html

https://www.cbc.ca/news/canada/toronto/ontario-jail-opseu-funding-budget-1.5074931

https://www.cbc.ca/news/canada/toronto/howard-sapers-institutional-violence-report-1.4946335

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