Lawyer questions legality of HMP locks amid chronic staff shortages

Corrections staff at Her Majesty's Penitentiary are overworked —  sometimes for 24 hours straight — and that has resulted in a chronic staff shortage at the aging St. John's jail. 

When there aren't enough corrections staff on the clock, HMP is frequently locked down — a process that could be illegal, says a prominent St. John's defence lawyer whose clients are often awaiting trial.  

"You are locking people down, you are denying them access to rehabilitation, you are simply creating a more damaged and more desperate person to be released," said Erin Breen, who is skeptical about whether newly announced provincial funding increases will improve things. 

The Department of Justice hopes to alleviate problems by spending $24 million to improve the province's criminal justice system, including hiring 25 new correctional officers, 18 new Crown attorneys and more police. 

Between March and October this year, HMP was fully or partially locked down 64 times. On average, that's about twice a week.

A year ago, a judge in Nova Scotia deemed locking down inmates in provincial jails because of staff shortages illegal.

Breen says HMP lockdowns ought to go to litigation, but in Newfoundland and Labrador, no legislation actually outlines inmates' rights, like in Nova Scotia. 

Additionally, 80 per cent of the inmate population at HMP are on remand, meaning they're awaiting trial, according to documents CBC News obtained through access to information legislation.

Inmates can go to a higher court and ask for a bail review to make arguments about the impact of lockdowns, but Breen says it is legally complex and would be expensive for an inmate to hire a lawyer to do it.

However, she has a sentencing hearing coming up at the Supreme Court that will see if an inmate should receive extra time off their sentencing because of the conditions they are enduring in prison. 

Breen hopes the court can make a statement that what is occurring at HMP is unacceptable.

"I'm hopeful that all of this information, presented properly in court, can at least shed light on the situation down there," said Breen. 

While lockdowns can happen for many reasons, like handling inmate violence, "partial locked down units are necessary in order to ensure the safety and security of inmates, staff and outside workers," said Department of Justice spokesperson Eric Humber.

He added a partial lockdown means that a specific unit of a facility's wing has been locked down but that inmates can still to move around their specific unit and are not locked in their cells.

"While locked down, inmates continue to have access to full washroom facilities, including shower availability. Inmates are served three meals a day as per Canada's Food Guide, and are provided a night time snack. Appointments from legal services or medical professionals continue to be prioritized," Humber wrote in an email to CBC News.

He added the most recent full lockdown at HMP was Oct. 1.

Better solutions

As for the government's most recent funding announcement to improve the justice system, Breen says it won't address the bigger picture.

"We're going to spend more money, a lot more money. Are we going to be more safe? No, we're not," said Breen.

She said hiring more police and Crown attorneys will only result in more charges and therefore more people being held in custody. 

"We're…creating a larger prosecution machine yet and continuing the revolving door," she said. 

Documents obtained by CBC News also demonstrate the Justice Department has acknowledged that rehabilitation programming is essential to mitigate recidivism. 

Breen suggests the government should invest in more proactive long-term solutions such as expanding alternative courts, like addictions and mental health courts, that provide support and rehabilitation. 

She also suggests expanding adult diversion programs, which aim to respond promptly to offender behaviour and encourage them to acknowledge harm. 

"Then what you are doing is you are investing in keeping people out of jail, actually working on the root problems of crime," said Breen.

Impacts on rehabilitation programs

The John Howard Society, a non-profit organization that provides rehabilitation programs for inmates, says ongoing staff shortages at HMP mean that its workers are often not able to get inside to offer programming. 

Executive director Cindy Murphy said corrections staff needs to escort them into the facility, but often they'll be turned away because no one is available.

"These programs and services then help prepare people for release or … give them the skills and you know the tools that they need to be more functional in our communities," Murphy told the St. John's Morning Show. 

"Without us, we're doing very little to prepare people for release at this point."  

Murphy also says she hears stories about the conditions at HMP, including broken toilets and sinks, rodents, and minimal recreation time. As a result there are heightened tensions leading to assaults on staff and other inmates. 

"The living conditions are horrendous," she said, adding that frequent lockdowns are also hurting inmates' morale.

40 vacancies to be filled

NAPE president Jerry Earle, whose union represents correctional staff, says hiring more correctional officers is a step in the right direction to improve this problem. 

Earle said he has met with staff and the minister of justice about the issues at correctional institutions across the province. He said 40 vacancies need to be filled. 

However, the 25 new officers will take a while to recruit. 

"They would be hired today if they were available to be hired," said Earle. 

According to Earle, the province cannot recruit enough new correctional officers to cover the number the system loses. 

He said this is because there aren't enough seats being filled at the Atlantic Police Academy on Prince Edward Island, and not enough people are being recruited to work in Newfoundland and Labrador. 

In the meantime, Earle said solutions are coming. 

"Stay tuned," said Earle. "We may be in a position where we will be able to have a greater intake of correctional officers, a homegrown solution where we will be able to take a greater number in." 

Murphy said she has also heard of plans to start a training program here in the province.

However, she fears the need to get more staff quickly will result in shortened, haphazard training. 

"When you're gaming with such a complex population as the folks are at HMP, you need staff who have the skills and abilities to be able to manage that and to do it safely and effectively," she said. 

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