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'Outrageous' and 'deplorable' conditions at HMP need to be addressed immediately, say advocates

Just days after the death of another inmate at Her Majesty's Penitentiary, lawyers and advocates are speaking out about what they say are the prison's unsafe conditions and the provincial government's lack of action.

Criminal defence lawyer says conditions in the jail are at crisis level

A picture of a woman wearing a red jacket and a black scarf on the left, beside a picture of a woman wearing a brown jacket on the right.
Cindy Murphy, left, executive director of the John Howard Society and Erin Breen, a St. John's criminal defence lawyer, say the conditions inside Her Majesty’s Penitentiary are nothing short of deplorable. (Mark Cumby/CBC)

Hanging on the entrance of Her Majesty's Penitentiary in St. John's are two Christmas wreaths made of wood and a large sign with the words "Merry Christmas" painted across it, all adorned with tiny light bulbs.

Standing outside the prison's entrance, Cindy Murphy, the executive director of the John Howard Society, paints a different picture of what things look like inside the jail.

The prison is filled with rodents, mould and dirt, she says — its physical infrastructure is deteriorating, and it's overcrowded and understaffed. Overall, the jail's conditions are nothing short of atrocious, she said.

"I do a bit of travelling with John Howard and I hear regularly from other parts of the country about the deplorable conditions at Her Majesty's Penitentiary," said Murphy.

"It's outrageous, it's unconscionable, and there seems to be no end in sight."

Murphy is speaking out just days after inmate Seamus Flynn, 35, died after being transported from the prison to the hospital. The cause of death has not been confirmed.

WATCH | Hear why lawyers and advocates say conditions at Her Majesty's Penitentiary are deplorable:

Lawyers, advocates urging government to do something about ‘outrageous’ and ‘deplorable’ prison conditions

12 months ago
Duration 2:19
Days after the death of 35-year-old inmate Seamus Flynn, lawyers and advocates are pleading with the Newfoundland and Labrador government to address what they say are outrageous and deplorable conditions inside Her Majesty’s Penitentiary in St. John’s.

Flynn is the second inmate to die in four months, and there's been a concerning lack of details about both deaths, says Murphy.

What is clear, she says, is that ongoing health and safety concerns are putting inmates at risk, and it's time for the provincial government to act.

"There's such a sense of hopelessness within the prison," said Murphy.

"How do you instil hope in people and, you know, encourage them to change and to do something different when they're released, when there's no hope?"

Sickness, lack of medical attention

Inmates in Her Majesty's Penitentiary are demanding an investigation into Flynn's death, with some inmates saying there's an influenza-like illness spreading throughout the jail.

St. John's criminal defence lawyer Erin Breen says she has two clients, whom she speaks with regularly, living in the prison.

She says they tell her many people are sick and it's challenging to receive timely medical care.

For instance, she says, one of her clients had a tooth infection for two weeks but his requests for medical attention weren't being addressed. She says the client had to "physically flip out" before he received proper medical attention and antibiotics.

The entrance to a jail with a sign that reads 'H M PENITENTIARY', with two wooden wreaths hanging on either side of the sign.
Inmates in Her Majesty’s Penitentiary are demanding an investigation into Seamus Flynn’s death. (Mark Cumby/CBC)

"I think everyone worries on a daily basis when this place is going to implode," said Breen. "This is outrageous. People are suffering, there's neglect, and it's got to end."

In an emailed statement to CBC News, Justice Department spokesperson Jeremy Reynolds said ensuring a healthy and safe environment in correctional facilities is "a top priority," and that a team of health-care professionals "strives" to deliver "timely access to care."

The government promised to replace the prison in 2019, scheduled to be completed in 2022. The department said the provincial government "remains committed to replacing HMP."

That could cost around $325 million, according to an access-to-information request in March 2022. The estimated cost of the replacement in 2019 was $200 million.

Murphy and Breen say issues like overcrowding and understaffing need to be addressed immediately. Until then, they both say they fear for the safety of those living inside the walls of Her Majesty's Penitentiary.

"Everyone feels that this is a crisis that needs action today," said Breen. "It needed it 20 years ago, but right now, something's got to give."

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ABOUT THE AUTHOR

Jessica Singer is a journalist with CBC Newfoundland and Labrador. She has worked in CBC newsrooms in Toronto and St. John's. You can reach her at jessica.singer@cbc.ca

With files from Elizabeth Whitten and Ariana Kelland