Other examples of CSC’s breach of fiduciary duties to FSW include the utter lack
of adequate programs for FSW at all security levels,67 the fact that women
designated minimum security almost never serve their sentences in minimum
security conditions, unlike their male counterparts who usually serve minimum
security sentences in minimum security prisons,68 and the continued use of male
guards on the front lines in women’s prisons.
Overlaying these specific breaches of CSC’s fiduciary duties to FSW, at a
systemic level, is the fact that the Canadian government, through the CSC, has
failed to remedy these and other known instances of discrimination and
mistreatment of FSW which amounts to a further breach of the government’s
fiduciary obligations to FSW. In the context of CSC’s relationship of power and control over the vulnerable population of FSW, CSC has failed to act in the best
interests of FSW.
67. |
See
CAEFS’ Response to the Canadian Human Rights Commission’s Consultation
Paper for the Special Report on the Situation of Federally Sentenced
Women (April 10, 2003), at 2-10. See also, Report of the Auditor
General, Chapter 4 – Correctional Service of Canada – Reintegration
of Women Offenders (April 2003) where Auditor General Sheila Fraser
notes that the programming for FSW is inadequate. For example,
she cites the lack of an adequate substance abuse program tailored
to women’s needs and the few meaningful work opportunities for
FSW prisoners. See www.oag-bvg.gc.ca. |
68. |
As of April 29, 2001, there were 160 FSW classified as minimum security (not including the 25
FSW serving their sentences in provincial jails), yet there were only 13 minimum security beds
(located in a facility that is scheduled for closing). The other minimum security women serve their
sentences in effective medium security in the regional prisons. While NAWL strongly agrees with
the submission of LEAF that a formal equality analysis (i.e., comparing imprisoned women to
imprisoned men) is inadequate, the fact that even such a simplistic analysis reveals
discrimination is troubling. |
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