Brennan received a call from Frédéric Héran, Manager of Investigations at the Office of the Correctional Investigator, on the afternoon of February 12, the day after “Office of the Correctional Investigator Looks at Justice for Brennan Guigue” was posted here.
The Correctional Service of Canada review of the July 22 incident at the Regional Reception Centre north of Montreal concluded that the use-of-force was not justified, and the OCI investigation agreed. Mr. Héran gave Brennan a reference number for the OCI file, and a phone number should he have further questions.
He knew Brennan had filed a third level grievance on this incident with CSC in Ottawa, he knew Brennan hadn’t received a response as they needed a current mailing address, and he gave him a contact number to update that information.
Mr. Héran also indicated that some data the OCI had requested from CSC HQ in Ottawa was still not in their hands, that CSC had imposed four extensions, and the OCI had issued a warning to them just that day.
Finally, Brennan was told he’d be receiving a letter by mail confirming their findings.
This is Mr. Héran’s February 12 letter; it speaks for itself, is good news, and Brennan’s Montreal lawyer has received a copy………

The Correctional Investigator
Canada
P.O. Box 3421,
Station “D”
Ottawa, Ontario,
K1P 6L4

Ottawa, February 12, 2015

M. Brennan Wayne Guigue,
908 – 31 Alexander Street,
Toronto, ON M4Y 1B2

Mr. Guigue,
This letter is further to M. Klassen’ letter dated February 3, 2015, as well as our brief conversation surrounding our Office’s finds pertaining to the incident that occurred at the Regional Reception Center (RCC) on July 22, 2104.
The object of this letter is to share the conclusion of the local management and the regional review from Correction Service Canada (CSC) which is consistent with our review of the fact that the level of force used was inappropriate and inconsistent with the Situation Management Model.
Furthermore, according to our review, you were in the shower and refused to accept the underwear provided to you. According to our records, you did not cooperate with orders but you also did not show aggressiveness. Our Office has concluded that there was no emergency to intervene. Therefore, the use of OC was not appropriate to the situation.
As per the Situation Management Model that CSC applies to all use of force incidents, CSC should have re-evaluated the situation and responded appropriately to your uncooperative state. Of note, CSC has identified and completed the corrective actions to address the concerns our Office had in regard to this incident.
I trust that the above information is of some assistance to you. Please note that we have now this file closed at our Office.
Sincerely,

Frédéric Héran
Manager of Investigations

Following the use-of-force incident at the Regional Reception Centre north of Montreal on July 22, and as soon as it was possible after his transfer to Donnacona on July 23, Brennan contacted the Office of the Correctional Investigator in Ottawa.
Subsequent to this telephone call, he received a letter dated July 28 from Jean-Frédéric Boulais, Manager of Investigations at the OCI. In it, Brennan was told that an OCI analyst would review the documentation and video footage of the July 22nd incident “as soon as the file is received by our Office.” In the meantime, he was strongly advised to present a grievance to CSC’s National Headquarters, which he did.
Mr Boulais then met with Brennan at Donnacona on August 19 to assure him that the OCI would take an active role in moving the investigation forward. He explained that even if 50% of what Brennan described as having occurred on July 22 was true, it represented a serious breach. I followed up with a letter to Mr. Boulais on September 4, thanking him for the OCI participation, and expressing Brennan’s resolve that this would not be shunted aside. I also asked that this should be seen from a wider perspective, noting that Brennan’s experience could not be a one-of and that other inmates must have endured similar treatment.
I received a September 10 acknowledgement of my letter from an intake officer at the OCI, a more or less stock response, and I wrote back to Manuelle Larocque on September 22, underscoring our intention to pursue this investigation vigorously, and stressing the importance for consistency within the OCI by having just one investigator on this case.
Brennan has heard nothing further. What follows here is my February 3rd request to the OCI asking for the results of their review of the information received from CSC. How the Office of the Correctional Investigator phrases its answer will be interesting.
February 3, 2015

Manuelle Larocque, Intake Officer,
The Correctional Investigator Canada,
P.O. Box 3421, Station “D”,
Ottawa, ON K1P 6L4

Re: Brennan Wayne Guigue

Dear Mr. Larocque:
Please refer to my September 22, 2014 letter in response to yours of September 10 concerning the OCI’s examination of Brennan Guigue’s July 22, 2014 experience at the Regional Reception Centre in Ste. Anne des Plaines.
Jean-Frédéric Boulais’ letter of July 28 to Brennan Guigue indicated your analyst would review the documentation and video footage of this July 22 incident once the file was received at the OCI office. Brennan is asking for the results of this review.
You may contact him through me at the above address, or as an alternative, you may provide the information to his Montreal counsel, Stephen Fineberg, at 625 Rene-Levesque Blvd, Suite 900, Montreal, QC H3B 1R2.
In anticipation of your response, I am
Yours truly,

Charles H. Klassen
cc Stephen Fineberg, Montreal