Author: turnoverarocktoday

Our duty to assist – for change!

turnoverarocktoday Constructive Sedition

“Information is the lifeblood of a democracy. Without adequate access to key information about government policies and programs, citizens and parliamentarians cannot make informed decisions, and incompetent or corrupt governments can be hidden under a cloak of secrecy.”
Stephen Harper
Montreal Gazette, 2005

Stephen Harper was commenting on the Liberal government of the day. This is the same Stephen Harper who became Prime Minister not long after, and soon began closing doors, shuttering windows, and building a guard post at the gate to control all and sundry comings and goings. His fellow caucus members in the Conservative/Reform Party are complicit in cutting off “the lifeblood of a democracy.” If for no other reason, this government deserves to fall.
There are a number of tools Mr. Harper, et al, is using to keep Canadians uninformed. One of the more effective is budget cuts. The Access to Information and Privacy divisions of government ministries, departments, and institutions, for example, are legislated to adhere to the provisions of two Acts, plus applicable departmental directives. Using Correctional Service of Canada as a sample familiar to me, when an information request is received at CSC, it returns an acknowledgement that includes this attachment:-

…………………………..Duty to Assist………………………….
The Federal Accountability Act and Treasury Board Secretariat directives apply to the Access to Information Act, and require that all government institutions “make every reasonable effort to assist” individuals making a request for records, regardless of who the requester is. The Correctional Service of Canada is committed to ensuring that we:
• Process your request without regard to your identity.
• Offer reasonable assistance throughout the request process
• Provide information on the Access to Information Act, including information on the processing of your request and your right to complain to the Information Commissioner of Canada.
• Inform you as appropriate and without undue delay when your request needs to be clarified.
• Make every reasonable effort to locate and retrieve the requested records under our purview.
• Apply limited and specific exemptions to the request records.
• Provide accurate and complete responses.
• Provide timely access to the requested information.
• Provide records in the format and official language requested, as appropriate.
• Provide an appropriate location within the government institution to examine the requested information
When applicable, requesters will be given the option of having their request processed informally. However, the requester should know that only formal requests are subject to the provision of the Act, including the right to complain.
For additional information, please refer to the Treasure Board Secretariat’s Directive on the Administration of The Access to Information Act, Frequently Asked Questions on the ATIP page of CSC’s internet site and/or contact the analyst responsible for processing your request.

 

The Act stipulates there is a 30 day time limit to respond to requests, but a provision permits the head of a government institution to invoke an extension of an additional 30 days under specified circumstances. A “requester” is entitled to complain to the Privacy Commissioner of Canada and/or the Information Commissioner of Canada if the process or response doesn’t satisfy. My experience with CSC’s ATIP division has generally been positive, and even when answers to my requests linger beyond the permitted legislated time limits, I know the delays are most likely caused by the information source.
So, what happens when an office, or institution, or department does not follow through on what they are mandated to do, regardless of the reasons? Why, a requester files a complaint with the Commissioner, of course. But, budget cuts to that office means a complaint will wait about six months before an investigator can be assigned. In the meantime, the offending information source knows repercussions are far off, if at all, and the requester may have abandoned the enquiry to boot.
Here’s a suggestion. Reread the paragraph at the top of this post, and the next time you see a television spot in which our federal government is spending tax dollars to promote itself, give it a raspberry……and, remember where the “x” belongs in the 2015 election. Now, that’s not so hard, is it?

Carding…why are we still putting up with it?

turnoverarocktoday Policing

November 26, 2014

Bill Blair, Chief,
Toronto Police Service,
40 College Street,
Toronto, ON M5G 2T3

Re: Blair opens up to students at rights symposium
 Toronto Star, Thursday, November 20, 2014

Chief Blair:

“You’ve got your own agenda….” is how the Toronto Star’s Patty Winsa quoted the beginning of your response to a question from the paper around the police practice of carding at a Know Your Rights meeting for youth at the Toronto Police College on Wednesday, November 19.
If by “agenda” you mean the Toronto Star’s ongoing efforts to make our police service transparent and accountable, then I would assume your comment was complimentary. As it is, the November 26 Police Board meeting to which you referred has been delayed, and that stalls the release of “Community Assessment of Police Practices”, a survey that would be of considerable interest to many.
It’s problematic understanding why there is any difficulty in implementing the Police Board’s policy on carding. You are an executive, authorized to issue directives and orders, supported by compliance staffers to ensure the measures are carried out, and with further resources to iron out what wrinkles may arise in the process.
“Carding” is an abhorrent infringement by the public service on the sovereignty of the citizenry. It’s a fishing expedition coupled with a reverse onus stipulation. Taken to an extreme, it could be likened to putting everyone in jail until each individual provides surety for good behaviour. Odd, given that those people in jail are the very ones who determine what good behaviour is required of us all.
Yours truly,

Charles H. Klassen

cc John Tory, Office of the Mayor
Patty Winsa, The Toronto Star
turnoverarocktoday.com

Tough on crime? Smart on crime?

turnoverarocktoday Justice & the Penal Systems

During the 1980s, we saw many news items out of the United States around judges dismissing criminal charges on the grounds of human and constitutional rights violations. Many of these cases before the courts involved serious charges carrying substantial penalties. The din grew louder as media attention focused on what seemed an increasing number of incidents where potentially guilty parties walked free. However, one retired American judge whose credentials I failed to note at the time pointed out that if all concerned with the pursuit of justice, in particular police officers and prosecuting attorneys, did their jobs properly then these circumstances would not arise as frequently.
Perhaps the American ‘tough on crime’ impetus into the 1990s was in part a backlash to what were often seen as miscarriages. Federal and state governments became intent on correcting flaws in a system that too often appeared to favour the guilty. Prison populations grew, new facilities were built, and some jurisdictions privatized their penal systems; California passed its three strikes law in 1994.
Eventually, the United States had the distinction of having 5% of the world’s population but 25% of the world’s prisoners.
With a new century came an awareness in the U.S. that this lock-em-up-and-throw-away-the-key mentality didn’t measure up, and was quite probably doing more harm than good. What was going to happen to all the ex-cons after their release back into the community? Doug Sanders’ January 24, 2004 article in Toronto’s Globe and Mail, “600,000 ex-cons add up to a U.S. headache”, referenced President George Bush’s January 20 State of the Union Address where he remarked on the challenges facing U.S. society by moving that many ex-offenders back onto the streets in just 2004.
With time, governments realized the mounting costs were not offset by measurable benefits. One spokesperson for a southern U.S. State suggested a few years ago that it might be confronting a choice between financing prisons and paying for schools. Still later, California began quietly releasing some prisoners to reduce crowding, and the financial liability on the public purse.
The Washington Post published statistics in September of this year referencing America’s emptying prisons, noting the U.S. federal prison population dropped this year – the first time in decades the number of people behind bars had shrunk. U.S. Attorney General Eric Holder highlighted the decline as a breakthrough for criminal justice reform.
The newspaper listed a number of indicators:
The cost of incarceration in the United States is 2010 was $80 billions of dollars.
Growth in the number of prisoners since 1980 was 800%, while the general U.S. population increased by about 33%.
The prison population had declined by 4800 at the end of fiscal 2014, to about 215,000 federal inmates.
The last decline in prison numbers was in 1980.
A further decline of 10,000 prisoners was expected in fiscal 2016, the equivalent of six full federal prisons.
Is it any wonder so many American law makers looked askance at Canada when the current federal government here launched its own tough on crime agenda. Why would we do something that had been tried and failed elsewhere? And not just from the United States are we hearing this. Legislators and law enforcement in Great Britain and Australia echoed the Americans. Others, like the Swedes, were more diplomatic when speaking of their own policies.
Canada’s prison population began to climb in 2007 in spite of falling crime rates. Why do intelligent men and women follow a course they know will meet with failure, and which will be costly to the fabric of our society, financially and socially? Further, these same intelligent men and women continue to ignore what they have before them, pushing forward a program contrary to good governance. Not only that, intent on squeezing budget surpluses out of limited revenue at the expense of programming and oversight, we can look forward to a surfeit of ex-offenders ill prepared to reintegrate successfully into our communities.
Why would intelligent men and women do this? Well, here’s a thought. This has nothing to do with safer communities, restorative justice, social order, or right and wrong. Rather, let’s look at this as pandering to an uninformed and mean-spirited support base by pillorying an easy target.
Thanks to Mssrs. Harper, et al, we’ll pay dearly for this.

Health Care in Canada’s Federal Prisons

turnoverarocktoday Justice & the Penal Systems

The Office of the Correctional Investigator is mandated under Part III of the Corrections and Conditional Release Act to serve as an Ombudsman for federal offenders. Perhaps as long as two years ago, the OCI reported that a prison term, particularly a lengthy prison term, could knock ten years off the life of an offender. CSC’s own resources tend to support this. Lifestyle plays a role of course, but so too does the availability and delivery of health care within federal institutions.
Referring again to the Corrections and Conditional Release Act, Chapter 86, Section (1), The Service shall provide every inmate with, (a) essential health care, and, (b) reasonable access to non-essential mental health care that will contribute to the inmate’s rehabilitation and successful reintegration into the community. Also, Section (2), The provision of health care under SubSection (1) shall conform to professionally accepted standards.
In addition, Correctional Service of Canada’s Commissioner’s Directive 800 – Health Services, provides specifics which on paper do meet CSC’s argument that federal inmates receive the same levels of care as the rest of us, although there are exceptions such as dental care where what’s approved matches services available to persons in the community living on social assistance. Two of the big BUT’s are that delivery is uneven and inconsistent across the Service, and inmates must access health care personnel via non-health care staff members.
To cite only a couple of examples from Brennan Guigue’s (Rahim) own experience, many years ago he put in a request to see the dentist at Kingston Penitentiary. This wasn’t an emergency but he had concerns that needed an examination. It was seven months until he was in that dentist’s chair. Later, at Cowansville Institution in Quebec, he was taken to the local hospital for an x-ray of a shoulder on January 9 of 2014. The x-ray had been ordered by a doctor at Port-Cartier Institution in September of 2012. That’s not a typo…..2012! The injury had occurred months earlier, but his complaints had been ignored. This is a typical response, perhaps systemic, and can be attributed to any number of reasons like liability issues, budget factors (health care is a budget line item subject to performance bonus considerations), or explanations best left to speculation.
In any case, and understandably, the results of that x-ray wouldn’t be available to him until he saw the Cowansville Institution’s doctor. He’d asked for an appointment when he first arrived there in December of 2013, but that appointment was set for April…..as long as he wasn’t transferred to yet another prison.
An inmate in western Canada with whom I’ve corresponded discovered a lump is his groin in the fall of 2012. He was in pain and his requests for help were ignored. By January of 2013, he had his lawyer call the director/warden of his institution to persuade the system to act. It was cancer, he had surgery, but the delay puts him at risk for further tumors. As well, he had to initiate a court action in order to get proper pain relief.
Yet another inmate I’ve had contact with was asking for counseling as part of his preparation for reintegration into the community. He was turned down in more than one institution. He was released on parole and sent to one of the CCC (Community Correctional Centre) half-way houses which are operated by CSC in a number of cities. While there, the staff suggested he needed counseling, and set up a date weeks down the road, but the parolee was returned to prison for a minor infraction before the process could begin. He asked again for counseling while in custody, and again was told he didn’t need it. When his parole was reinstated to the same CCC half-way house, the staff there once more set up a far off date for counseling because, according to them, it was a necessary part of his reintroduction to the community. Once more, he was sent back to prison for a minor parole infraction, and once more he was told that he didn’t need counseling.
So, how does something like this happen? Well, consider that this counseling is covered under the provincial health care system when the inmate is in the half-way house, but CSC pays when that same person is in an institution. Confusing? Well, yes, if someone is trying to get on the right course, and after all, CSC is charged under the CCRA with helping offenders reintegrate.
The pressure on the prison health care system is about to get considerably worse. A disproportionately high number of prisoners are HIV+ or are infected with Hep C, or both. As expensive as the HIV anti-retrovirals are, there are a number of effective new drugs either available or awaiting approval to treat Hep C, and these can cost many tens of thousands of dollars. CSC will be squeezed by requests for treatment on the one hand, and calls for fiscal restraint on the other.
The bottom line here is simple. The next time you hear about prison inmates being treated to free and extensive health care, don’t be too quick to sign up. It could cost you your life!

Body of complaint letter to Quebec College des medecins

turnoverarocktoday Justice for Brennan Guigue

October 31, 2014

Inquiries Division,
Collége des médecins du Québec,
2170 René-Lévesque Blvd. West,
Montreal, QC H3H 2T8

Re: Dr. David Lesage, Attending Physician,
Donnacona Institution, Quebec Region
Brennan Wayne Guigue. FPS104902C

Dear Inquiries Division:
Dr. David Lesage offered an uncaring, cursory, and unprofessional examination of Brennan Guigue at Donnacona Institution on Tuesday, August 19. Brennan Guigue and his family object to his treatment, and as his father, supporter, and champion, I’m appalled that a physician would accept tax dollars for a federal prison rotation and not provide the contracted services under the CCRA, and Commissioner’s Directive 800 Health Services.
Brennan Guigue was a temporary detainee at the Regional Reception Centre in Ste-Anne-des Plaines who suffered serious injury from an extraordinary and unjustified use-of-force incident there on July 22. A liquid chemical agent was sprayed on his naked body. Quite simply, guards at the RCC:
Ignored CSC policy, and engaged in prohibited activity.
Acted unlawfully under sections of the Criminal Code.
Violated provisions of the United Nations Standard Minimum Rules for the Treatment of Prisonsers, to which Canada is a signatory.
He was then surreptitiously transported to Donnacona the next day as an expedited substitution on a “load”, placed and held indefinitely in segregation there under what convenient justifications were available to prevent interaction with population and to limit contact with the outside, and further, put on ‘cuff status’ when a doubtful excuse arose. Miriam Gautier, the attending nurse in the health care unit at Donnacona on Saturday, July 26, refused to document Mr. Guigue’s injuries and condition. She gave him “Glaxo Base Cream” as a remedy, which was an unsatisfactory solution.
Brennan Guigue did not see Dr. Lesage until Tuesday, August 19, the escorting guard refused to remove the hand cuffs and the doctor did not insist they be taken off in order to facilitate a proper examination and documentation. In any case, Dr. David Lesage’s dismissive attitude excluded any substantive evaluation; he opined that Brennan had dry skin and walked away.
I can’t claim that the management of Donnacona asked Dr. Lesage not to look too closely at Brennan Guigue. What I can say is that Dr. Lesage did not provide adequate medical care, or address the concerns of a patient with obvious trauma.
Yours truly,

 

Charles H. Klasssen

cc: Dr. David Lesage, Centre Méd. Hochelaga, Montreal
Elain Tousigmant, Deputy Commissioner, Regional Headquarters – Quebec
Marc Lamoie, Director/Warden, Donnaconna Institution, Donnacona
Blind copies

Material/evidence requested from CSC

turnoverarocktoday Justice for Brennan Guigue

Using the Access Act and the Privacy Act, Brennan Guigue has requested through his lawyer a list of material from Correctional Service of Canada related to the July 22. 2014, incident essayed in his July 23 summary in this file.
The lawyer advises CSC will refute/delay/resist/subvert/waver/obstruct in response, and exercise what resources it has to bury this inquiry.
What we have here then is only phase one of the process to obtain the relevant data.
Keep in mind these are our civil servants, living from our public purse, and acting under the auspices of men and women we have elected, appointed, and employed to represent our best interests.
INFORMATION REQUESTED BY BRENNAN GUIGUE 104902

THE VARIOUS MATERIALS LISTED BELOW BEAR ON AN INCEDENT THAT TOOK PLACE AT THE REGIONAL RECEPTION CENTRE AT STE-ANNE-DES-PLAINES ON JULY 22, 2014, AND IT’S AFTERMATH

* Security Management Protocol governing the case Brennan Guigue on July 22, 2014.

* Report of Security Intelligence Officer concerning the incident of July 22, 2014.

* All logs of the Security Intelligence Officer for a week beginning on July 22, 2014.

* All logs of the Associate Warden for Interventions for a week beginning on July 22, 2014.

* The morning shift briefing reports of July 23, 2014.

* Brennan Guigue’s security incidents on RADAR / OMS.

* Threat risk assessments about Brennan Guigue for a week beginning on July 22, 2014.

* The executive summaries of any grievances made by Brennan Guigue on July 22, 2014, or during the following two weeks (i.e. up to and including August 5).

* The executive summaries of all reports concerning the use of chemical spray on Brennan Guigue occurring on July 22, 2014.

* Reports of any data issuing from all institutional, regional, and national reviews of the use of force against Brennan Guigue on July 22, 2014.

* The names and photographs of all staff who participated in any events and movements involving Brennan Guigue on July 22, 2014 from the time he was placed in the dry cell in the early afternoon until his return from the nurse’s station to his cell in the evening. The term “staff” is intended to include nursing staff.

* All log book entries of any units holding Brennan Guigue for a week beginning on July 22, 2014.

* All log book entries of the Correctional Manager of any units holding Brenan Guigue for a week beginning on July 22, 2014.

* All Operations log book entries for a week beginning on July 22, 2014.

* All log book entries of the Security Intelligence for a week beginning on July 22, 2014.

* All log book entries of the Associate Warden for Inventions for a week beginning on July 22, 2014

* For the period beginning when Brennan Guigue was placed in the dry cell on July 22, 2014, to the end of July, 2014, all emails to or from:

the Institutional Director,
the Deputy Director,
the Associate Warden on Interventions,
the Assistant Director Operations,
the Security Intelligence Officer,
the Correctional Officer (CO II) in charge of the Dome,
the Correctional Manager in charge of detention,
any other Correctional Manager on Shift,
all Parole Officers assigned to Brennan Guigue during the time he spent in the Regional Reception Centre,
the Nursing Staff.

* Hand-held video camera recordings of all staff interactions with movements of Brennan Guigue on July 22, 2014 beginning with his placement in the dry cell in the early afternoon and ending in the evening after his return to his v=cell from the nursing station.

* Film from the fixed security cameras facing the dry cell on July 22, 2014, during the time it was occupied by Brennan Guigue.

*Film from the fixed security cameras facing the shower on July 22, 2014 during Brennan Guigue’s arrival at it and departure therefrom and during the time Brennan Guigue was in the shower.

* Film from the fixed security cameras facing the protocol cell used for decontamination of Brenan Guigue after the use of chemical spray on July 22, 2014. The requested period extends from Brennan Guigue’s arrival at the shower to his departure from it.

* Film from the fixed security cameras facing the nursing station to which Brennan Guigue was brought. The requested period covers the time during which Brennan Guigue was present there in the evening of July 22, 2014.

In short, we wish everything in the possession of CSC that sheds light on Brennan Guigue’s July 22, 2014 confrontation with staff and its aftermath.

Brennan Guigue arrives in Toronto

turnoverarocktoday Justice for Brennan Guigue

Brennan Guigue left Donnacona Institution at 6am on Thursday, October 23, was driven to Quebec City to pick up a Montreal bound train, and where he then transferred to a Toronto train, reaching the city in the afternoon. He went immediately to Keele Community Correctional Centre where he’ll live until his warrant expiry date on December 19 of this year. Correctional Service of Canada usually moves parolees by bus but the train guaranteed the transfer during one business day.
The next morning, he was granted leave to go to St. Joseph Health Centre Toronto, the nearest major hospital, in order to initiate a medical response to his health concerns, particularly those arising from the June 22 incident in Quebec.

Social Justice: Is Talk Enough?

turnoverarocktoday Social Justice: Is Talk Enough?

“The Gathering” is the newsletter of The Church of the Redeemer, an Anglican parish at the corner of Avenue Road and Bloor Street in downtown Toronto. This article was published in the Harvest 2010 edition.

SOCIAL JUSTICE: IS TALK ENOUGH?
by Charles Klassen

I was at dinner with friends recently. As the waiter took our orders I realized we had again proved a point I’ve been making for so long. We took more time to study the restaurant’s menu than we spend otherwise thinking about human rights and social justice. That’s not only true for the group around the table that evening but is the case for a great many of us. As members of the Church of the Redeemer family, called to make a difference in the world, what do we already do and what more could we be doing?

One glimpse into why some may be reluctant to engage even in discussing justice issues can be seen in a recent issue in the media. The treatment of Afghan detainees has attracted a lot of media attention. The question of whether Canadian soldiers were complicit in the abuse and torture of the captured militants they turned over to local authorities and the difficulty our federal government has with full disclosure in response to that question has received much coverage. As counterpoint, a Globe & Mail reader from Woodbridge, Ontario offered his perspective in a letter published last year. The reader referenced a Globe editorial supporting “Canadian’s need to know”, and his letter asked but one question. “Does anyone really think the average Canadian family struggling to hang on to their jobs, put food on the table and keep a roof over their heads while otherwise going about their daily routine really care about Taliban prisoners in the hands of Afghan authorities half a world away? What a non-issue.” This letter speaks for many, where bread and butter issues override concern for the welfare of humankind, be it in Afghanistan, or Canada.

A cause célèbre of mine is the often questionable treatment of prisoners in Canada – federally, provincially and locally. Crown attorneys and criminal lawyers in Toronto’s Criminal Courts of Justice at Old City Hall and College Park go only as far publicly as defining Ontario’s penal system as “terrible”. Some Crowns use prolonged detention as leverage while some lawyers coax clients that a plea arrangement, after six to twelve months in pre-trial custody, trumps a trial that avoids a further year in jail but disregards any potential favourable outcome of a trial. Canada is a signatory to the United Nations Standard Minimum Rules for the Treatment of Prisoners, but Ontario’s Ministry of Community Safety and Correctional Services (CSCS) concedes that it can’t always meet those standards let alone its own, referring specifically to overcrowding in its institutions. That is, however, only to what it will admit.

As bad as conditions are, our current federal government still did away with the two-for-one credit for time served before sentencing. For those acquitted, found not guilty, or whose charges are dropped after pre-trial detention, there is no talk of compensation. Correctional Service of Canada (CSC), our federal penal system, is a lumbering and complex bureaucracy that would make Sir Humphrey Appleby proud. CSC takes itself very seriously, and while paying lip service to its mandate, fends off criticisms from the Office of the Correctional Investigator that border on charges of moral and ethical corruption, and outright abuse. I could fill this issue of the Gathering with my observations of the CSC, but will only note here that for anywhere from $60,000 to $120,000 per inmate per year, depending on how the figures are manipulated, we don’t get value for the dollars spent. No matter the jurisdiction though, the bottom line is the same. When one of us seriously offends the public order and is incarcerated in a provincial jail or federal prison, our penal systems teach inmates above all else that the society they’ve offended is not worthy of respect.

Here at our Lunch Program we offer supportive services along with breakfast and lunch, and safe harbour. Our staff and volunteers are augmented by many more from outside the church, and along with our community partners make us a model for outreach. With that in mind, it should be obvious though that something vital is missing from the broader conversation. Let’s drift for a moment into a Utopian dream of a new world dawning, muse upon the scents in the Garden of Eden, the peace of a Heaven on Earth. Let us ask ourselves the what if question. What if the men and women in our jails and prisons, the guests at our Lunch Program here at the church and at every meal program and drop-in, the lost on our streets and the lonely in their solitary rooms, were made whole? What if these men and women became productive, contributing members of society, and okay, let’s go so far as to say tax-payers and consumers and participants in public affairs? What difference might that make in our own lives? How much would it improve the conditions in our broken world?

Now let’s put both feet back on the ground. How about we dare to dream, but try only to make happen what is reasonably possible? What we have now in our jails, prisons and outreach programs is the sound of one shoe dropping. Even Bill Blair, the Chief of Toronto Police Services, said a number of months ago that we need to do more with the people in our jails to help them turn their lives around while we have the opportunity to do so. In spite of the contributions we make as individuals or as members of a group, where are the commitments of our provincial and federal governments to improve the lives of people to whom they are as accountable as they are to the fortunate rest of us?

Social services spending was cut years ago in this province, and the erosion has been a continuing feature in government policy ever since. None of us should forget Ontario’s “let them eat cake” moment, when David Tsubouchi, as Minister of Community & Social Services in the Mike Harris government at the time, suggested that we should negotiate the price of a dented can of tuna at the supermarket! Remember too that our lunch program and others like it were only a stopgap all those years ago, a temporary lifeline, until the economy turned around and social programs could be given some consideration. As time has passed, however, Queen’s Park has become comfortable letting charitable organizations like ours deal with what they leave in their wake.

Our federal government in the meantime showcases its propensity for medieval sensibilities. Canada is one of the few western countries without a national housing policy. Our human rights record is under scrutiny. The on-going draconian law and order agenda has failed in other jurisdictions, just as it will here. Our “war on drugs” brings misery to tens of thousands, puts billions into the wrong hands, and cost us hundreds of millions. Ottawa is a dragon nursery, giving politicians the opportunity to mount their chargers and ride off on crusade. They cannot win, but then the shining armour is intended only to impress. Rehabilitation, intervention, compassion, support, motivation, rebirth are anathema. But, make no mistake. Our prisoners are us. Our lunch program guests are us. Our drug addicts are us. We are all one. As members of the Church of the Redeemer family, we make a difference through the work that we already do. What more are we called to do?

Charles Klassen is a member of the 11:15 community and an advocate for prisoners’ rights.

A Klassen Commentary on the Guigue Summary:

turnoverarocktoday Justice for Brennan Guigue

Rahim, or Brennan, wrote his summary of the July 22 event at RCC in Ste-Anne-des-Plaines in longhand over fourteen pages; it transcribed onto six typed sheets. I intentionally did not omit the emphasized expletive in order to preserve its integrity.
We’ve known the Montreal lawyer who is representing Rahim for over ten years. Stephen Fineberg has a specialty in penitentiary and post-conviction law; his usual advice when presented with a potential suit is to not bother. The system has too many lawyers, too much money, numerous options to delay proceedings, and employees of the system are more than likely to compromise incriminating evidence in order to protect themselves.
With this though, he’s been pro-active and enthusiastic in setting up resources to move forward on an action, although his own time is under the usual constraints of a busy lawyer. As well, an investigator from the Office of the Correctional Investigator in Ottawa has interviewed Rahim, suggesting if only 50% of what Rahim wrote in his summary is accurate that represents a serious breach. The OCI acts as an ombudsman for inmates, and while they will look into this, they have no powers other than to bring concerns to the attention of authority.
It’s probable that the chemical agent used on July 22 in RCC was a concentrated form of oleoresin capsicum (OC), or pepper spray, although it certainly wasn’t deployed according to specifications.
Quite simply, staff members at the RCC in Ste-Anne-des-Plaines:
Ignored CSC policy, and engaged in prohibited activity.
Acted unlawfully under sections of the Criminal Code.
Violated provisions of the United Nations Standard Minimum Rules for the Treatment of Prisoners, to which Canada is a signatory.
Rahim was shipped to Donnacona Institution on July 23, but he wasn’t originally on the “load”, the CSC designation for inmates in transit. Another inmate was removed from the list to open a space for him. RCC’s intention was to shuffle Rahim out of the way and out of sight. He was immediately placed in segregation there, another move to hide him. Staff in that unit was intimidating, unprofessional, and racist, openly harassing him and manufacturing a flimsy excuse to put him on “cuff status”, and with his hands behind his back no less while out of his cell.
Health Care refused to document his injuries. Medical attention will be the first priority when he is released in the third week of October.
One point that should not be overlooked is that Brennan Guigue is not a “one-of”. It’s illogical to suggest that no other person under the control of CSC has been subject to this kind of treatment.
How could this happen? There are three answers, two short and one longer. The first is not one I’d care to post here, but your imagination would be helpful. The long explanation is book length and I wouldn’t impose that on my readers. The second short answer is the most relevant. We let them!

Just another day on the range? The Guigue summary.

turnoverarocktoday Justice for Brennan Guigue

I’m publishing Rahim/Brennan’s log of events on July 22 without comment….except to note that while his covering letter seems generic, as addressed to “Sir/Madame”, it was meant for the Montreal lawyer we’ve known for over ten years who has a large practice in the penitentiary and post-conviction law field, and who is acting for Rahim in this action.  I’ll publish some comments in the next posting.

July 25, 2014

Dear Sir/Madame:

My objectives, by importance:

Secure copy of video documentation of “Use of Force” incident dated 2014/07/22, involving inmate #104902C, B. Guigue. CRR (Correctional Reception Centre) – Ste. Anne-des-Plaines, QC

Obtain reference to CSC protocols regarding the use of chemical agents against unruly or disruptive inmates; – circumstances/authorizations
– doses
-decontamination procedures
– etc.
(The date is Friday, July 25/14, 11:13am. I have just returned from 1 hour yard. The sun is high and I sweat in my jeans……my lower back and my buttocks are inflamed all over again! It’s bearable…..but just barely.)

Obtain manufacturer’s information on type of chemical used;
-typical effects / over 50% of body (naked)
-dosage recommendations
-training/demo video if possible
-chemical composition/ i.e.: effects of using water of affected areas
– etc.

My goal is to use their own (CSC) information and directives to establish that their control measures were extreme, cruel, and unnecessary according to my behaviour. Also, knowing what they know about this chemical agent……that their (guards) actions and direction constitutes “cruel and unusual punishment.”

Secure the video, watch it, and then decide for yourself.

I wish to retain counsel to simply satisfy the 3 objectives I have outlined. Then we can discuss it further action is warranted. I will pay you cash.

Thank you for your time and consideration.

Again, I wish to stress, at no time did I ever behave in an aggressive or threatening manner.

Signed
B. Guigue, #104902C
2014/07/25

I am currently at Donnacona Institution, Seg. Unit 0-106. I welcome visitation.
“Use of Force” incident, dated July 22, 2012 – Regional Reception Centre, Ste. Anne-des-Plaines, QC

On Tuesday, July 22, 2014, I was placed in segregation due to “a poor attitude”; I gave a parole officer “the finger”.
During the intake procedures performed on all inmates entering the segregation unit (i.e. strip search) it was discovered that I was possibly in possession of contraband. A “plug” was found in my underwear.
It was then decided that I would instead be placed in what’s called “the dry cell.” It is more of a ‘protocol designation’ where an inmate is to provide 3 stool samples for inspection in order to ensure he/she does not have anything secreted within their bowels.
It should be noted that I was co-operating fully with the officers and even identified the type and weight of the contraband already discovered. I did not challenge the decision to place me in the “dry cell” as I had nothing more than the 0.6 gm of contraband already seized. In fact, I even asked the K-9 Handler (we’re familiar with each other) if he could use his ‘pull’ to get me lot’s of fibre and corn. It helps in the process. He said he’d do what he could and told me he’d see me the next day.
Off to the “dry cell” I went. It was about 2 -2:15pm.
++++++++++++++++++++++
I’m in the “dry cell”, everything is fine. It’s dirty but that’s to be expected. The sink works and the toilet has water, but you can’t flush. It’s more for urination. You must tell the guard (intercom) whenever you need to defecate, and officers will come to escort you to a specialized toilet specifically designed to “catch and clean” ‘plugs’ (wrapped packages
which have been deposited).
++++++++++++++++++++++
The “Incident”.
It’s dinner time and when the female guard comes to my cell she seems to notice something on the window of the door. She tells me that I should clean it off. To me it looks like dried spit, perhaps from the previous occupant. I tell her (1) “I did not spit on the window.”, and (2) “I don’t have anything to clean it with.”
She tells me that she heard me spitting on the window while she was delivering meals to the other cells. Incredulously I say, “What?! You mean you heard me spit over all the banging and yelling, over the sorting of trays and slamming of door hatches….you heard me over all that? Then why is it dried and crusty?”
This last question seemed to upset her and she told me I should use my hand.
I then told her that I was not going to use my hand to wipe off someone else’s spit, and she was crazy if she thought I would. So please get off your power trip, give me my damn food, and let me get on with the business of shitting!
Honestly, I felt like a mother who’s lost her patience dealing with a petulant child.
She finally said to me, “Well, I guess you don’t want to eat.”, and passed me by.
I lost my temper.
However, I did not react in the way one might assume.
I yelled at her that if she wanted to take my food from me that was fine.
“You’ve taken my freedom from me! You’ve taken my dignity from me! Here! Take these clothes! Here! Take these slippers! Take it all……it’s yours anyway! You might as well have it all. Now, I’m naked. There’s nothing left to take from me! I don’t want nothing from you; now you have no power over me. I’m free!!”
++++++++++++++++++++++++
I never swore. I was not threatening or aggressive. I simply began to pace back and forth in the cell. There’s a camera in the cell recording 24 hours a day.
When I refused her orders to get dressed, she told me, “Okay, but you will not like what comes next!” I continued to ignore her and she left.
Initially I did cover the camera in the cell with spit and some scrap paper from the floor, but then cleaned it off as it was my only witness to these events.
After 20 minutes or so, a Keeper showed up (‘Jean-Pierre’ I believe his surname was) and told me to get dressed. When I tried to protest the officer’s childish and immature behaviour in withholding food (Can she do that?), he refused to listen to me. Why would he, I’m just a lowly inmate.
So, I decided to ignore him by moving to the bunk, laying flat on my stomach and placing my hands behind my back……naked.
You see, what I didn’t tell you was that the Keeper came to my door accompanied by 5 officers, all wearing gas masks. One held a camera (I believe his name is Nyuyen.), one held a large black canister, and I’m assuming the other three were there to restrain and handcuff me. I figured that if I did not behave in an aggressive or threatening manner, they legally could not use a chemical agent against me. Hence the prone position, a completely submissive posture, which I’d assumed on the bunk.
+++++++++++++++++++++++++
The door opened, they came in and handcuffed me. They then stood me up and escorted me to the segregation shower a few feet away. They placed me in the shower, then removed the cuffs, …….still naked. And, in total compliance….except for the clothes.
The shower is one half the width of a regular cell (maybe even less), lined as one might imagine with two and a half inch tile, and metal fixtures (railing and bench). Cold floor…, damp chilly air…., very uncomfortable for a naked guy just hangin’ out.
So………., I am left there for about 10 minutes while the Keeper discusses the matter with officers in a nearby, but separate and different area. Leaving only Nguyen and his camera to keep me company……, he removes his mask.
Shortly thereafter I notice Nguyen put his mask back on, then the others are back. This time the Keeper is holding a pair of institutional underwear.
He informs me that I am receiving my first direct order to put the underwear on……, then a second.
Before the third direct order is given, I again assume a non-aggressive, submissive posture by lying face down, and placing my hands behind my back, feet slightly apart.
At this point the officer with the canister puts the brass coloured nozzle, which is attached by a short hose, under the shower door and “doses” the shower space. Immediately I feel the burn in my eyes and throat. In less than two seconds I begin to mucus and tear, and cannot take even the slightest breath without choking.
I immediately submit and try to tell them I will comply
I am ordered to get up, step backward toward the door of the shower, then told to get down on my knees and place my hands on head. “Do not move!”
I comply.
Facing away from the door, blind, fighting for breath, and with a burning sensation ALL over my naked body, I wait for them to come in, handcuff me, and take the next steps.
Instead however……, I heard the hatch open, and feel another heavy dose, spray from my right foot, up my leg, over my buttocks, over my back and arms, then down my left side in reverse, ending at my left foot. I had the sensation of being a picket fence being “whitewashed”……, no lie! In that one spray I probably got a good 10 to 15 doses! (When you see the tape you will see it’s no exaggeration.) Then they came in, cuffed me, and proceeded to walk me backwards from segregation to a protocol cell in USD (the Special Handling Unit) for decontamination.
I know it’s gonna get worse, but at this point, as you can see in the video, I am able to question the Keeper about how not wanting to wear underwear is justification for the use of a chemical agent.
When he doesn’t respond to me, I tell him it’s fine because…eventually… he’ll have to explain to someone much more important than me.
++++++++++++++++++++++
Oh, but the real fun is just beginning. I have no idea of the pain that’s coming!
U N – F U C K I N G B E L I E V A B L E!

So, now I arrive at the “cell 100” in the USD/SHU; it is the ‘protocol cell’ used for decontamination. There is a toilet, a shower, and nothing else. No air is circulated within this cell. I am put into the cell, the handcuffs are removed, and I am directed to go under the shower.
The shower in the ‘protocol cell’ is nothing more than a thin stream of high pressure water, and it is difficult and painful to get under even when not covered in a burning chemical agent.
Following instruction, I attempt to wash this stuff off. However, getting underneath the water, I find that it is hot water coming out. I try one of two more times, but there is absolutely no way I can use this source for decontamination. If you would like to understand what I was experiencing, go boil some water, put your arm over the post and get a nice steam burn. Wait five minutes, and then turn of the hot water in your sink and put your arm under it. Now, imagine that is your whole body.
The screams that you will hear in the video are very real…., this is not a show to gain sympathy or for the benefit of the camera. It’s real life torture.
After pleading with them to put cold water, they tell me that they have no control over the temperature. There’s nothing they can do.
The only other source of water in the cell is from the toilet. I begin dowsing my face and eyes with toilet water. It is cool and plentiful.
While I am doing this an officer comes and presses the shower button which sends another stream of hot water over my back. To get at the toilet water, I must lean in the path of the shower stream.
Okay, so when I can open my eyes without them burning, I switch to dowsing my back. This is largely ineffectual as I only have my cupped hands to use, and the ‘dosing’ I received was so large. But, what choice do I have?
Through all of this I have this thought that keeps seeping through all the pain……., “I hope I don’t get sick from splashing toilet water all over my face and body.”
As you can see in the video, different guards appear before the camera. They ask me, “Does it burn? Put more water.”, they say, and make a splashing motion. I say, “But it makes it worse”, and the guards says, “You’ve gotta keep using the water.”
What you do not see is the group of officers standing just off camera, mocking my actions and demeanor, and laughing.
I came to realize that these ‘people’, these upstanding pillars of their respective communities were not advising me in order to help alleviate my suffering…..(Oh yes, there were two nurses standing right there amongst them!)…., their only goal was to further increase the hilarity of the situation.
I begin to understand that this stuff was designed to prevent rioters from flushing themselves, then returning to the protest. Water makes it worse, by design.
After some time I noticed an institutional cup just outside the cell and ask for it. It’s given to me and makes things easier. CK Nguyen is even gracious enough to flush the toilet to replenish the (“nectar of life”) water in it. Now the Keeper comes and tells me I must come out. He gives me a towel.
The problem – as you will see – is when I stop dowsing myself, the burn becomes unbearable all over again.
By the way…..if you feel this account of the events is dragging on and on, consider suffering through it.
You must understand….my genitalia was sprayed, even my anus was burning! You see me sitting down to better reach those areas.
I preferred the good ol’ days when the guards would just come into your cell, beat you up, and then leave. I longed for that instead of this. This was an eternity, which strips away ALL sense of manhood and dignity. Absolutely!
Sorry, I got off track.
This goes on for a time. I’ve lost all concept of time and so I cannot tell you how long. Two…, maybe three hours. I only know it’s about 7:30pm when I am barely able to make it to the nurse’s station for a physical exam (heart rate, blood pressure, lungs).
Speaking of the nurse…….., his initial appearance on the scene came after I was already in the process of decontamination, and he still had difficulty talking to me due to feeling the effects of the chemical agent. He was forced to put a mask on himself, just to talk to me!
That made it difficult for me to receive instruction from him as he was also trying to talk through a plexiglass wall as well.
Now I’m out of the ‘protocol cell’, being examined by the nurse. There is still a process I must go through and that is a whole new round of shaking and burning.
I beg to go back to the shower for fear that it will become too much to bear, and I will attempt to remove the green cover-alls, and they will spray me all over again. My request is denied, and they’ve turned off the toilet anyway. There’s no point.
Anyway…….I can barely walk back to the ‘dry-cell’ as my legs are weakened and rubbery from the experience. I make it back to the ‘dry cell’ and they ordeal is pretty much over.
+++++++++++++++++++++++++++
Later that evening, I provided a stool sample to them and was transferred to Donnacona the very next morning.
When I arrived at Donnacona, I passed by a psychologist who I knew and also a parole officer. A look of mild horror and disgust come over them upon greeting me, and it was only once I got into the cell did I realize why……..looking in the mirror I could see that my face was covered in what I can only describe as “chemical burns”. Face, arms, legs, and hands……all burned.
You see……I have a well documented case of eczema, and I believe this condition – not to diminish the fact that my dosing was extreme – caused by reaction to be even more severe.
I told the intake nurse at Donnacona that I wished to document my injuries and he told me that I would be seen the following day. Once in my cell, I sent a written request asking the same.
I have yet to see anyone, and don’t imagine that I will. CSC has no interest in allowing their victims to formally document injuries inflicted by their staff….., why would they?
Okay, I’m here. I survived.

I want a lawyer.
One who is fluent in English, and one who is familiar with the unlawful and inhuman practices of the Correctional Service of Canada.
One who will not be swayed by their lies and misdirections.
I need a REAL FIGHTER!
I hereby swear that all of the information shared is true and accurate to the best of my recollection.

Brennan Wayne Guigue, #104902C

Signed….. B. Guigue

2014/07/24