In June 2019, “Damage/Control: Use of force and the cycle of violence and trauma in BC’s federal and provincial prisons” was published by the West Coast Prison Justice Society/Prisoners’ Legal Services. The report analyzes law and policy governing the use of force by correctional officers in light of interviews with over 100 federal and provincial prisoners. The report finds that both CSC and BC Corrections officers use force in response to prisoners in emotional distress and as a tool to coerce compliance, even when there is no immediate risk to safety. It argues that relying on physical force in these circumstances creates an adversarial environment that compromises safety and wellbeing for both prisoners and staff.
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Access to justice
To Correctional Service Canada
Regarding internal use of force reviews
Recommendation 72: Use of force reviews should include a description of the prisoners’ evidence. When a prisoner alleges misconduct and the review determines no wrongdoing, the decision maker should include an assessment of the evidence and reasons for preferring one witness’s evidence over another’s.-
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To Correctional Service Canada
Regarding internal use of force reviews
Recommendation 73: In the absence of objective evidence, do not conclude a use of force was appropriate. If the prisoner says force was abusive or unjustified and there is no video or other objective evidence, conclude that the appropriateness of the force is undetermined.-
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To Correctional Service Canada
Regarding prisoner voices and prisoners’ access to their own personal information
Recommendation 74: Inform the prisoner as to whether the incident will be subject to a Level 1, 2 or 3 review and advise them of the timeline for the review.-
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To Correctional Service Canada
Regarding prisoner voices and prisoners’ access to their own personal information
Recommendation 75: Interview prisoners as part of all regional and national-level use of force reviews.-
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To Correctional Service Canada
Regarding prisoner voices and prisoners’ access to their own personal information
Recommendation 76: Provide prisoners and their counsel the opportunity to see video of uses of force against them upon request. Provide officers’ observation reports and a copy of all use of force reviews without requiring a Privacy Act request from the prisoner.-
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To Correctional Service Canada
Regarding post-use of force medical assessments
Recommendation 77: Ensure that medical assessments after acts of force are used solely to support the wellbeing of the patient and document signs of ill-treatment. Any signs of ill-treatment must be reported to senior CSC operational and medical staff and the Office of the Correctional Investigator.-
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To Correctional Service Canada
Regarding post-use of force medical assessments
Recommendation 80: The healthcare professional should complete a written report that includes the prisoner’s account of the incident and their assessment of any physical injuries and psychological impact. This report should be included in the use of force review if the prisoner consents, and a copy should be provided to the prisoner.-
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To the Office of the Correctional Investigator
Recommendation 83: Interview prisoners as part of Correctional Investigator use of force reviews, particularly in cases where there is a need for heightened scrutiny (such as force against prisoners with mental health disabilities, force at treatment centres, uses of the ERT, cases involving potential misconduct, and force against prisoners who have been repeatedly subject to acts of force).-
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To the Office of the Correctional Investigator
Recommendation 84: Inform the prisoner when the Correctional Investigator use of force review identifies inappropriate conduct by officers and advise them of any findings or recommendations shared with CSC.-
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To the Government of Canada
Recommendation 85: Increase funding to the Office of the Correctional Investigator for use of force reviews to include prisoner interviews.-
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