Advocates for criminal justice reform are urging the Ontario government to reconsider its recent decision to eliminate minimum sleeping space requirements in provincial adult jails.
Last month, the Ministry of Municipal Affairs and Housing changed Ontario’s Building Code by removing a standard that mandated at least 4.7 square metres of sleeping area for each inmate.
The government claims this adjustment is part of its effort to “strengthen the bail system and keep dangerous offenders incarcerated,” as it aims to add over 2,500 permanent jail spaces in the next ten years.
“This includes aligning the Ontario Building Code (OBC) with the National Building Code, as well as the approaches of other Canadian jurisdictions, to optimize space within existing and new provincial adult correctional facilities to support current and future capacity expansion needs,” said Oleksandr Shvets, a spokesperson for the Solicitor General of Ontario, in an email to on Wednesday.
“Other OBC health and safety requirements for provincial adult correctional institutions remain unchanged.”
The decision has faced backlash from groups like the Canadian Civil Liberties Association (CCLA) and Council of Elizabeth Fry Societies of Ontario (CEFSO), who argue that it was made without public input or adequate explanation.
Shakir Rahim is the director of the criminal justice program at the Canadian Civil Liberties Association (CCLA). (Trevor Brine/CBC)
“The normalization of double and triple bunking will continue to undermine prisoners’ physical and mental health,” said Shakir Rahim, director of the CCLA’s criminal justice program, in a news release issued Thursday.
“Judicial decisions in Ontario have resoundingly held that these practices are unacceptable. Most people in provincial jails are in pre‑trial detention awaiting their day in court.”
Provincial correctional facilities house inmates serving sentences of two years or less, while federal prisons accommodate those serving longer terms.
In federal facilities, Correctional Service Canada states that minimum cell size standards are seven square metres for wet cells-those with a toilet and sink-and six and a half square metres for dry cells.
For its part, Shvets argues that keeping the previous 4.7 square metre minimum would “prevent putting a top bunk in a single cell that is eight square metres.”
“This requirement predates our more modern corrections processes and infrastructure, such as advanced fire detection and suppression systems and compartmentalized fire-resistant construction,” said Shvets.
We don’t, I think, stand for people being in conditions where they’re sleeping next to a toilet, for instance, which is what we’re seeing right now in our prisons. Shakir Rahim, Canadian Civil Liberties Association
In an interview with , Rahim highlighted international guidelines regarding cell sizes; a UK organization called the National Association for the Care and Resettlement of Offenders recommends at least 5.4 square metres per person in individual cells.
That guideline is backed by the International Committee of the Red Cross alongside recommendations suggesting a minimum of 3.4 square metres in dormitory settings.
“The sad truth is it’s unlikely that anything short of litigation is going to get the [Ontario] government to change course,” Rahim stated.
“We as a society don’t condone torture; we don’t condone punishment that’s not authorized by law,” he continued. “We don’t stand for people being in conditions where they’re sleeping next to a toilet-which is what we’re seeing right now in our prisons.”
Northern jails among most overcrowded in province
The removal of minimum sleeping area rules will hit northern Ontario jails hardest – already some of the most overcrowded facilities across this province – according to L. Martin, acting president of CEFSO and executive director at Elizabeth Fry Society of Northwestern Ontario.
Martin recently toured Kenora District Jail, Fort Frances Jail , and Thunder Bay Correctional Centre , describing them as “already crowded , decrepit spaces falling apart , full of mould , aging , archaic.”
</
br>
br >L Martin serves as executive director at Elizabeth Fry Society Northwestern Ontarion & ; acting president at Council Elizabeth Fry Societies Ontario. p > br > br >
. ? @media (max-width:980px) { } /* css style */ * { box-sizing: border-box; margin:0; padding:0; }
‘They’re like cages’ MPP says about provincial cells
In light yhe amendement came while First Nation leaders push fo rthe closureof Thunder Bay District Jail claiming conditions there overcrowd ed uninhabitable. This century-old facility was central during recent coroner’s inquiries about Kevin Mamakwa’s death. At age27 Kevin lost his life custody June 2020. His uncle Kiiwetinoong NDP MPP Sol Mamakwa described Kevin as athletic yet grappling with mental struggles. Kevin died by suicide within jail walls on June 02nd2020 – leaving behind family who loved him dearly. “What I’ve seen throughout north makes me think – These aren’t just mere holds but cages,” expressed Mamakwa firmly.”You can’t treat inmates like animals.” Those navigating legal battles often carry heavy burdens including mental health issues addiction poverty intergenerational trauma,” he added. Its also essential acknowledge Indigenous representation amongst these populations.” Squeezing more beds into tiny areas won’t make us safer here,” he concluded.”Current strategies lead recidivism rates soaring post-release.” Mamakwa emphasized bringing back minimum space mandates whilst ensuring humane treatment dignity restoration supporting rehabilitation efforts.”Source link
