- Human Rights in Action
Immediately
following last year’s AGM, we had a meeting to further develop our
partnerships and working relationships with NWAC and SIS/W4J for this project.
During the meeting, the members of the Steering Committee developed the
following ‘Human Rights in Action Vision Statement’:
This
project is about strengthening women and creating self reliance to survive
the CSC experience. We want to increase the abilities of individual women
in prison and the organizations involved to work within the spirit of
resistance to achieve realistic goals to name and rectify injustices
and create a legacy of permanent change.
The three groups also agreed to the following principles of operation:
- The project is penal abolitionist in nature (i.e. keeping women
in community and/or working on decarceration strategies to return
women in/from prison to the community, linkages to other social change
initiatives).
- All work will be aimed at achieving substantive equality of/for
women in and from prison (i.e. addressing inter-sectional, multi-dimensional
oppression of women, Aboriginal women).
- The initiative will be inclusiveness. The members of the Steering
Committee will search out individuals if we find we have a gap and
need someone else to assist us. For example, the group has already
agreed that there should be at least one Elder on the committee to
help guide our work.
- The initiative must be independent of CSC.
The Steering Committee consists of ten (10) members. Of these, one will
be an Elder for the Steering Committee and three (3) representatives
from each organization (SIS/W4J, CAEFS, and NWAC) will make the total
membership of 10.
In addition to developing peer advocates and advocacy support teams in
the prisons for women, via the HRIA we are also working on specific decarceration
strategies for 4 individual Aboriginal women who also have mental health
issues and are serving life or long sentences.
During January, February and March 2006, orientation sessions were conducted
at the eight federal prisons where women are currently imprisoned. The
turn out of the women at all of the prisons was very good, ranging from
60-90+% participation rates. We also appreciated all of the support, assistance,
and
involvement of the regional advocates and prison workers from our membership.
The results of the sessions are attached. Some of the HRIA Steering Committee
members are working on an introductory memorandum to include and send in
to all of the women in the prisons in order to permit any additional feedback
desired.
The women in all five of the regional prisons and the Okimaw Ohci Healing
Lodge indicated a keen interest in having peer advocates. There was also
consensus that they would like to have a broad based training program for
all women
to educate them about their rights, relevant policies and how to advocate
on their own behalves. As such, it looks as though the next stage of the
HRIA training for peer advocates will be a two part process: 1) 1-2 days
of general
training for all who wish to participate; and 2) 3-4 days of training for
the peer advocates.
The women at the Isabel McNeill Minimum Security House (IMH) as well as
those in the segregated Churchill Unit in the Regional Psychiatric Centre
(for men) (RPC) indicated that they did not wish to have peer advocates.
The women who attended the orientation session at RPC advised that they would
like our ‘outside’ group(s) (CAEFS/SIS/NWAC) to monitor women
who go there for ‘treatment’. The women don’t tend to stay
there long enough to do the training and peer advocacy. The women at IMH
want SIS/W4J to do the advocacy. They want the broader advocacy of CAEFS,
NWAC
and SIS to focus on assisting women to get to the house and on keeping
the house open.
The key issue raised by the participants in the other six prisons and which
we (CAEFS/NWAC and SIS) will need to address before we proceed relates
to who should be the Peer Advocates. As the attached document reveals, there
were many good recommendations about who should do the advocacy and the
sorts
of training women would like to receive. Across the prisons, most agreed
that the role of the peer advocate(s) should be:
- To participate in training to familiarize self with relevant
law, policy and procedures;
- To assist women in prison to identify their rights, entitlements,
application eligibility dates, et cetera;
- To assist women to advocate for and access services and supports
to facilitate successful return to the community;
- To assist with resolution and/or grievance of issues;
- To call upon and seek the collaboration of local advocacy team
members and CAEFS, NWAC, SIS, Correctional Investigator and/or lawyers
to address breaches of the law, systemic issues, et cetera;
- To monitor and document ongoing issues, especially unresolved
concerns and/or repeat problems;
- To advocate creative responses to uphold/promote the rights,
address the needs, and remedy the concerns of women in and from prison;
- To seek, incorporate and continue training of peer advocates
and peer advocacy process.
In addition, although the responses varied somewhat between prisons, most
women felt that the peer advocates should be either part or full time positions
within the prison (i.e. institutional work placement(s)) but not report
to the prison administration. Rather, the clear direction from all prisons
was that the advocates should have an externally-located support team to
whom they would account. The team would be independent of CSC but collaborate
with CAEFS’ Regional Advocates. We would also like to see NWAC’s
justice workers and SIS members involved in each region.
We are
currently working on the development of the training materials for the
project. We are also discussing the need to develop a protocol or memorandum
of understanding with CSC to address how issues such as disclosure of self-injury,
illegal activity, et cetera would be addressed. We look forward to the
next stages of this important project.
- Fifteen Year
Reviews
This past year we were involved in two successful judicial reviews pursuant
to section 745 of the Criminal Code of Canada. The first review this year
was heard in September 2005 and the second was heard in November and into
December 2005.
The first, an Aboriginal woman in the Prairies, was deemed eligible for
full parole on her 44th birthday. She has now served 16.5 years and is
commencing her conditional release with escorted and unescorted temporary
absences. The
second woman, who is in Ontario, was granted eligibility for full parole
as of her 20th anniversary, and has also commenced her conditional release
with
escorted temporary absences. Both reviews posed some unique challenges
related to issues of victim involvement and other case-specific challenges.
The legal teams who worked on the cases reinforced the importance of our
involvement with respect to the overall understanding of the process and
the likelihood of increasing positive outcomes due to our accumulated expertise
from being involved in the seven reviews for women.
We commenced discussions with the next three women who will be eligible
for their judicial reviews. The next one to be heard is a woman in Quebec.
We also continue to remind the one woman who has thus far refused to apply
for a review of her 25 year parole ineligibility that we would also support
her application.
- Case Interventions
- Staying Charges
Although CAEFS and NWAC were not granted intervener
status for the trial, our involvement in collaboration with the Native
Women’s Association of Canada has resulted in a new police
investigation, so we are still aiming for a withdrawal of charges
or at least the staying of proceedings against this Aboriginal woman
in Manitoba. Once this is done, we will focus on the development
of a discussion paper on the topic, with a view to disseminating
the information in order to permit early interventions in other cases.
- Habeas Corpus
On December 23rd, 2005, the Supreme Court of Canada
released its decision in the case of May et al. This is the case
we intervened in with the John Howard Society of Canada involving
prisoners who challenged lower court decisions denying them access
to the remedial avenue of habeas corpus. The Supreme Court held that
prisoners must have access to habeas corpus, and that such access
is important because “[t]imely judicial oversight …is …necessary
to safeguard the human rights and civil liberties of [prisoners],
and to ensure that the rule of law applies within penitentiary walls.” We
appreciated the overview and analysis that Debra Parkes circulated
in relation to the decision.
- Racial Discrimination
Along with the African Canadian Legal
Clinic, Aboriginal Legal Services, South Asian Legal Clinic, CAEFS
continues as a member of the McKinnon Anti-Racism Advisory Committee
established to develop recommendations aimed at attempting to remedy
human rights violations on the basis of racism within the provincial
correctional system. This Committee, an autonomous group representing
diverse Aboriginal and racialized communities and organizations,
was established following the human rights tribunal ruling that a
racialized man working as a correctional officer in one of the prisons
was discriminated against on the basis of race.
- Application by CSC of their ‘Management Protocol’
The
management protocol is currently being applied to four women, two
of whom are the same young Aboriginal women we discussed last year.
Both have now spent the majority of their prison terms isolated in
segregation. In addition, two more women were placed on the ‘protocol’ this
past year. One of these young women is also Aboriginal. We continue
to document the disastrous results of isolating these women and are
working with counsel and an Aboriginal psychiatrist to examine options
for challenging the entire regime. In addition, we ensured that details
regarding the application of the protocol were included in our submissions
to the United Nations Human Rights Committee.
- Inquests
At
the request of the Elizabeth Fry Society of Saskatoon, I will assist them
with their intervention and testify at the inquest into the death of a woman
in custody there. In addition, we are working on a resource manual to assist
the membership in intervening in such matters in the future.
- United Nations
- Consultative Status
CAEFS has been recommended for Special Consultative
Status at the United Nations. This status will be confirmed by the
United Nations Economic and Social Council by July 21, 2006. As a
non-governmental organization (NGO) with consultative status, we
will enjoy the right to be present, accredited and heard when we
file shadow reports to those of the Canadian government, as well
at international conferences convened by the United Nations. We will
also be welcome at meetings of the preparatory bodies and meetings
for international conferences convened by the United Nations.
- International Covenant on Civil and Political Rights
CAEFS
submitted a shadow report to the United Nations Human Rights Committee
and presented directly to the members of the Committee in October
2005 in relation to their review of Canada’s 5th report vis-à-vis
our record on implementing the provisions of the International Covenant
on Civil and Political Rights. A copy was previously circulated electronically
and is also posted on the CAEFS web site, along with the UN Human
Rights Committee’s concluding observations. The links to these
are http://www.elizabethfry.ca/un/canrep5.pdf and http://www.ohchr.org/english/bodies/hrc/docs/CCPR_C_CAN_CO_5.doc
respectively.
CAEFS also contributed to the development of
the shadow report of the Feminist Alliance for International Action
(FAFIA) and we have been invited to meet with the members of the
Human Rights Committee in Geneva in October.
- Convention Against Torture
CAEFS submitted a shadow report
to the United Nations Human Rights Committee in relation to their
review of Canada’s 4th and 5th reports regarding the Canadian
record concerning the UN Convention Against Torture. A copy of this
submission was also previously circulated and is available on line
at http://www.elizabethfry.ca/un/torture.pdf.
CAEFS also worked
with Amnesty International and other national and international non-governmental
organizations to advocate the ratification of the Optional Protocol
in relation to the UN Convention Against Torture. In December 2002
the United Nations adopted the OPCAT, a new international instrument
that stands to make an important contribution to preventing torture
and ill-treatment worldwide. It lays out a framework for regular
national and international level inspections of detention centres – from
federal and provincial prisons, police lock-ups, forensic and immigration
detention centres -- with an eye to identifying and remedying the
conditions that encourage and allow torture and ill treatment to
take place.
- Commission on Crime Prevention and Criminal Justice
As
a result of being invited by the Canadian Government to join the
government delegation to the 11th UN Congress on Crime Prevention
and Criminal Justice in Bangkok, Thailand, from April 18-25, 2005,
CAEFS filed an individual expert report entitled, Developing International
Norms and Standards to Meet the Needs of Criminalized and Imprisoned
Women. The report is available on line at http://www.elizabethfry.ca/pubs/agenda7.pdf.
In
this report, we encourage the UN Congress on Crime Prevention and
Criminal Justice to take note and further study the myriad issues
related to the burgeoning population of women prisoners in Canada
and world wide. We also encouraged them to consider these issues
in light of its review of the relevant international standards and
norms, including a proposed Charter of Prisoners’ Rights. We
also urge them to encourage member countries to address the growing
issues arising as a result of the increased marginalization, victimization,
criminalization, and imprisonment of women and report regularly with
separate data on women and girls in their criminal justice systems.
During
the Congress, we also made two presentations at the Ancillary NGO
Forum regarding our human rights work in Canada and international
progress.
- Criminal
Justice Reforms on the Horizon
The coming year will see
us developing submissions with respect to the new legislative reforms
proposed regarding conditional and mandatory minimum sentences. We have
conducted in excess of 20 media interviews since the bills were tabled
in early May 2006.
The regressive criminal justice platforms of
three of the four major political parties during the election were extremely
discouraging. Updated materials for the membership to utilize in questioning
candidates running for election were circulated to the membership. In
addition, we provided updated fact sheets for the membership to utilize
during National Elizabeth Fry Week in May 2006. Both resources are available
on our web site via the following links:
http://www.elizabethfry.ca/election/question.html
and http://www.elizabethfry.ca/eweek06/factsht.htm
In addition,
National Elizabeth Fry Week was announced in the House of Commons, and
we helped to organize and participated in a reception for senior bureaucrats
and politicians on Parliament Hill on May 8th, 2006. We also circulated
the fact sheets and related information developed to our affiliated justice,
anti-discrimination and other groups, as well as all Members of Parliament
and Senators.
We have received many requests for information from
politicians, bureaucrats, media, and members of the general public. In
addition, in the nine months since we added a counter to our web site,
it has been visited more than 33,000 times. Also, the CAEFS web site was
picked as one of three favourites by Herizons Magazine this year.
- Submissions,
Presentations, and Publications
In addition to the following
highlights, CAEFS was once again involved in a number of government and
community-based meetings, presentations, consultations, conferences and
media events this year. We currently average 15-20 media calls per month
and receive approximately 125-150 electronic, telephone or facsimile requests
for information per month from politicians, bureaucrats, other professionals,
students and members of the general public.
Over the months surrounding
the July 2005 release of a particularly high profile woman from prison,
we received more than 200 media and approximately 90 messages and calls
from members of the general public. We maintained a principled stance
and adhered to our mandate. Interestingly, this led to the receipt of
a number of cash donations from members of the community, as well as appreciations
for our willingness to withstand the forces from government to take an
alternative course of action.
We have also made the following
submissions and presentations since the last Annual General Meeting of
CAEFS:
- May 19-21, 2006 – Brisbane Social Forum, Australia
- Address regarding the Canadian experience of 20 years of constitutionally-enshrined
equality provisions
- May 17-19, 2006 – Lock ‘Them’ Up? Disability and Mental
Illness Aren’t Crimes Conference – Brisbane, Australia
- Keynote Address and Workshops on Mental Health Issues for Women
in Prison and the women-blaming nature of fetal alcohol-related neurological ‘disorders’
- May 15, 2006 – The Crime of Punishment Forum – Supreme
Court, Queensland, Australia
- Forum on the risks to the removal of judicial review for prisoners
- Sponsored by the Queensland Law Society, Centre for Public, International
and Comparative Law and a coalition of criminal justice groups and
law firms
- March 30, 2006 – Law Hour Presentation – Dalhousie
Law School, Halifax, N.S.
- Address regarding the rhetoric vs. reality of policy and law
reform initiatives for women’s equality, with a particular focus
on the experiences of women prisonersx
- March 23, 2006 – Youth Restorative Action Project – Ottawa,
Ontario
- Presentation to criminal defence bar regarding dispositional
options available for accused and convicted youth
- March 8, 2006 – International Women’s Day Presentation – Moncton,
New Brunswick
- Keynote address sponsored by the United Way regarding International
Women’s Day and the implications of the increased criminalization
of women, especially those with mental health issues and racialized women
- February 14, 2006 – Human Rights of Women in Prison – Perth,
Australia
- Panel discussion hosted by Curtin University Centre for Aboriginal
Studies, Centre for Human Rights Education and Office of Ethics,
Equity and Social Justice
- February 10-12, 2006 – International Conference on Penal Abolition – Hobart,
Australia
- Keynote address and workshops
- February 7-10, 2006 – Australia New Zealand Society of Criminology – Hobart,
Australia
- Keynote address and workshop regarding CAEFS’ work in Canada
and internationally, with a particular focus on CAEFS/NWAC/SIS Human Rights
in Action Project
- September 14, 2005 –Penal Reform International –Washington
D.C.
- Presentation to Washington Bureau staff regarding the CAEFS/NWAC/SIS/W4J
Human Rights in action partnership and project.
- September 11-14, 2005 – Discrimination Against Women with
Disabilities-Ottawa, Ontario
- Presented at the 2005 International Conference on Special Needs
Offenders (sic) ‘Beyond the Next Horizon — Partnership in Action’
- August 10, 2005 – 30th Prison Justice Day and 20th Anniversary
of Prison Legal Services – Brisbane, Australia
- August 4, 2005 – Presentation to the Australian Senate Select Committee
on Mental Health—Brisbane, Australia
- Testimony to their national hearings throughout each of the Australian
states – Parliament House
- August 1-11, 2005 - Presentations to the Equal Opportunities
Commission – Queensland,
Australia
- Presentation to the newly appointed Inspector General of Prisons,
academics, criminal justice and Indigenous groups regarding human
rights violations of women and youth.
- July 29-31, 2005 – Presentations at the Brisbane Social Forum – Brisbane,
Australia
- July 25-29, 2005 – Presentations to the National Human Rights and
Equal Opportunity Commission (HREOC)—New South Wales, Australia
- Meetings with academics and groups working on the documentation
of human rights violations.
- July 20-22, 2005 - Prison Industrial Complex: Advocacy, Activism and
Social Change-Melbourne, Australia
- Presented at the Sisters Inside Conference – Is Prison
Obsolete?
- June 19-22, 2005 - Prisons: The International Response to Poverty,
Abuse & Mental
Illness—Prato, Italy
- Presented at the Monash University Conference – What Works
for Women Offenders (sic)
We have also participated in the development of the following publications:
- Journal Articles
- Parkes, D. and K. Pate “Time for Accountability: Effective
Oversight of Women’s Prisons” (2006) 48 Canadian Journal of
Criminology 251-285.
- Pate, K., “Elizabeth Fry Advocacy, Activism and Social
Change” Canadian Dimension (2006).
- Chapters in Books
- Pate, K., "Looking in the Mirror: Women, Lawyers, and Prisoners" in
Elizabeth Sheehy and Sheila McIntyre, eds., Calling for Change: Women,
Law and the Legal Profession (Ottawa: University of Ottawa Press, 2006)
393-403.
- Horii, G., D. Parkes and K. Pate, “Are Women’s Rights
Worth the Paper They’re Written On? Collaborating to Enforce the
Human Rights of Criminalized Women” in Gillian Balfour and Elizabeth
Comack, eds., Criminalizing Women: Gender and (In)justice in Neo-Liberal
Times (Halifax: Fernwood, 2006).
- Neve, Lisa and K. Pate, “Challenging the Criminalization
of Women Who Resist” in Julia Sudbury, ed., Global Lockdown: Race,
Gender, and the Prison Industrial Complex (New York: Routledge Press, 2005)
19-34.
Looking Ahead
As we commence this
new fiscal year, we remain optimistic and hopeful about the prospects
and opportunities ahead. Our Human Rights in Action partnership
with the Native Women’s Association of Canada, Strength in Sisterhood
and Womyn 4 Justice holds great promise for a wonderfully innovative
and interactive partnership with our the Regional Advocates, front-line
prison
workers, prisoners and coalition partners. Our
interventions in individual women’s cases and several key appeals
related to principles of justice and fairness before the courts, as
well as inquests into deaths in custody
provide additional opportunities to further the interests of marginalized,
criminalized, and imprisoned women and girls. The burgeoning nature
of our international work and reputation can only further enhance the
ability of our entire organization to fulfill our mandate and achieve
our aims. Thank you to all of the membership who work diligently
in communities across our country to ensure that the association continues
to meet the needs of the women and girls with, and on behalf of whom,
we exist. Your contributions are many and too often you do not receive
the appreciation deserved as you continue in sisterhood and solidarity
to struggle for just and fair treatment for all. |