THAT ISN’T A CALL TO ARMS.  IT’S NOT A LAMENT.  IT’S NOT A DEFENCE OR APOLOGY.  It’s a simple and direct judgement delivered evenly and matter-of-factly many times over the years by men and women incarcerated within our federal prison industry.

But we know otherwise, don’t we?  We know because Correctional Service of Canada Commissioner Anne Kelly, the chief executive of our federal prison industry, and numerous assistant and deputy commissioners under her tell us that the agency’s lawfully respectful policies support its mandate.  That often-repeated mission is to contribute to public safety by actively encouraging and assisting offenders to become law-abiding citizens, while exercising reasonable, safe, secure and humane control.

Given this assurance, why then the inmate complaints, the lawsuits, the probing questions and recommendations from the Office of the Correctional Investigator, and the scrutiny by the Senate of Canada’s Standing Committee on Human Rights?  And that’s just for a start.  All the while, CSC’s responses are inclined to turn back inmate complaints, to rely on the Attorney General to bury lawsuits, and to patronize government bodies with a condescending verbosity to reassure that every concern was, is, or will be addressed, usually under on-going studies offering potentially promising results in due time.

Then too, the Supreme Court of Canada has been asked more than once to clarify the rights of prisoners in Canada.  It has ruled that prisoners have rights to life, liberty, security of the person, and equality, plus freedom from cruel and unusual punishment, as guaranteed by the Charter.  Prisoners have a right to fair disciplinary procedures and to be given reasons for decisions that affect them.  They have a right to health care, freedom of religion, and are entitled to grievance procedures.  Prisoners are entitled to consultation on significant decisions other than security issues.  And there is more, like the right to counsel.

To sum up, the Court says that “prisoners retain the rights and privileges of all members of society, except those that are restricted by their sentence.  However, the rights of prisoners may be limited in some circumstances to protect the public, staff, and other prisoners.”

Correctional Service of Canada has always pushed back on criticism and is often dismissive of naysayers.  Behind closed doors, Commissioner Kelly and her management team must recognize  though that all is not as they want us to believe it is.  It’s odd that CSC hasn’t felt prompted to marshal a body of at arm’s length compliance personnel to guarantee that it stands on solid ground when engaging its critics.  After all, this is a government agency with 43 far-flung institutions and a payroll of about 20,000 employees.  No doubt there are many well-intentioned men and women in the Service, but even angels need oversight, and there are not 20,000 angels in CSC’s employ.

When inmates claim they have no rights, they usually mean their rights are ignored, both by staff members who supervise them daily and the staff they see less frequently.  Inmates usually mean that when they file complaints and grievances, which is their right, they can be labelled “difficult and demanding” and can end up on the institution’s “shit list.”  That can have negative and improper consequences.  Requisitions to Inmate Purchasing somehow get lost, repeatedly.  Simple requests are delayed interminably.  Cells are searched more often.  “No” is the answer to most questions.

Commissioner Kelly knows this.  She’s been there.  She’s seen this.  She’s been a part of it.  Likewise, her co-workers at National Headquarters in Ottawa.  So, why this see-no-evil, hear-no-evil restraint?  What’s the intent?  What are they guarding?  Who are they protecting?  More importantly, why do the higher-ups with the power to ask hard questions stand down?  They back off because they know they’ll be smoke screened, too.  Better they just accept that timeworn Victorian adage, “I don’t care what you do, as long as you don’t do it in the streets and frighten the horses.”

Do inmates have rights, Ms. Kelly?  Yes, of course.  Well, it depends.  Sometimes.  Maybe.  We’ll see.  Who wants to know?  Quick, turn off the lights.  Lock the doors.  Be quiet.

The horses are nervous.

OPCAT is a must. (See “Why OPCAT?” February 9/25)