Whitehorse Daily Star

Inmate starts eating after YTG's court action

After five months of protesting, an inmate at the Whitehorse Correctional Centre who had been consuming nothing but liquids has begun eating again.

By Ashley Joannou on March 22, 2013

After five months of protesting, an inmate at the Whitehorse Correctional Centre who had been consuming nothing but liquids has begun eating again.

Mark McDiarmid asked to go to Whitehorse General Hospital Thursday to begin the re-feeding process under a doctor's care, Dan Cable, a Department of Justice spokesperson, confirmed to the Star today.

"When you haven't been eating regular food for such a long period of time, food needs to be re-introduced into your system in a very controlled way,” Cable explained.

The 34-year-old's decision came one day after the government filed documents with the Yukon Supreme Court seeking an emergency court order forcing him to begin the process.

It is the first application of its kind ever filed in the Yukon.

Currently, the emergency hearing is still scheduled to go forward on Thursday of next week.

"No decision has been made at this point regarding the court process,” Cable said.

"Clearly, things have changed, so we will have to review the situation.”

The Department of Justice is seeking an order that it can transfer McDiarmid from jail to the hospital without his consent.

The documents also ask for a court order that McDiarmid "participate in a dietary regime prescribed by a medical practitioner to regenerate a balanced diet for his consumption.”

With McDiarmid in the hospital, it's not clear if he will have representation at the hearing if it goes forward.

The Dawson City man has been representing himself on all his charges in court.

McDiarmid is facing several criminal charges, including the attempted murder of a police officer.

He was arrested by Dawson City RCMP in October 2011 after having been shot by police.

He has been in custody ever since.

Details surrounding evidence in the case are covered under a publication ban.

A year after his arrest, McDiarmid began his protest.

He has been consuming juices, coffee, tea as well as kelp tea and honey, the government's application claims.

He has refused to see a doctor at the jail and mental health professionals.

He was taken to the hospital twice in February, examined and released.

McDiarmid's protest surrounds his lack of access to a laptop to work on his case, the poor heating system at the new $70-million-plus jail and allegations of too little food being offered to the inmates.

He also claims he has been unable to obtain the services of an unbiased lawyer, the documents say.

The government claims it has now provided McDiarmid with a laptop, that heating issues are being dealt with, and he has access to a phone to contact a lawyer.

The government continues to say the meals offered to inmates are appropriate.

In a series of phone interviews with the Star last month, McDiarmid said by his estimate, inmates are sometimes not getting any more than 1,300 to 1,500 calories a day, when a grown man should be eating 2,500 or more, depending on his weight.

The Department of Justice has flatly denied those accusations.

A copy of the meal plan provided indicates inmates receive an average count of 2,531 calories per day through the four-week meal schedule.

The lowest daily count in the month is listed as 2,271 calories.

But questions about inmates' diets have not gone away.

Food at the jail has become a topic of discussion online, including on a Facebook group.

Comments (12)

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Arn Anderson on Mar 28, 2013 at 8:13 am

Oh flyingfur, thank you for squashing your own feeble argument but you continue to try to discredit me with your own perceptions of me (Ego, champion of free speech, need to make sense, chest thumping etc). No ego here, just raw humanity. Politicians have committed murder in the past and they also set the stage for murder by creating/passing inept policies that influence our urban environment. Numerous RCMP officers that have committed heinous crimes often get promoted or off to Regina to teach new officers. Now you wonder why they cannot recruit enough aboriginals, minorities including women because they are corrupt, likewise with many other law enforcement agencies. Politicians backed by the almighty dollar set the stage for this kind of behavior as they are the enablers of society.

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flyingfur on Mar 28, 2013 at 5:20 am

Arn: I don't have any perceptions of you and could care less. I take issue with your opinion that put criminals like this guy on the same page as politicians. I'm not so naive that I think there are a good number of crooked politicians out there but that is a far cry from attempted murder.

Enough with your ego already; this is a discussion about your opinion...it is not about you.

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Arn Anderson on Mar 27, 2013 at 7:51 am

Mike, it's not what he is entitled to, it's what your Government agreed to treat prisoners with decency, especially people that are awaiting trial. The " I pay taxes" line is getting really old, if it offends you, don't pay taxes or vote/elect inept politicians. Is it a sin to see your legal consul? Ah, flyingfur, predictable reply, still those are your perceptions about me, clearly you are strung up in your own web of BS, not my fault. Apparently thru the history of our currency "democracy" our politicians are saints and never did anything wrong, keep dreaming.

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flyingfur on Mar 27, 2013 at 3:29 am

Arn: Give me a break. Even if you think you are some champion of free speech and no BS comments, your comments still need to make sense and for you to be able to defend your opinion past the chest thumping...which you clearly cannot do.

There is no logical reason to compare this guy with our politicians and you failed to support your argument. End of story and hopefully end of your rant.

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Arn Anderson on Mar 25, 2013 at 3:08 pm

Usually the No BS and clear truth hurts the status quo, attack my arguement not your own perceptions about me. Clearly you failed in your social understanding due to some lack of life experience, not my fault, live and learn. I just observe the news and STATE my opinion which is about 99% of what all comments are on here minus the few business people who wanted to clear misunderstandings. I have no problem saying how it is which is one of the few privileges we still have and I will enjoy them to the fullest extent.

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Mike on Mar 25, 2013 at 11:01 am

Don't understand what it has to do with politics... Who cares what or if he eats? If you PAY for the groceries, you can pick dinner. Does he think he's a guest? He's sitting at the taxpayers table. I can't afford steak what makes him entitled?

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Arn Anderson on Mar 25, 2013 at 5:06 am

Now flyingfur, no anger here, all my posts grasp the subject clearly with a sense of humor, sorry for thinking outside your box. All politicans accomplish nothing but their own self-interests and break the human-made laws constantly but they are not demonized because of their social status and class. Imagine a $12k a year person getting arrested for what Senator Brazeau did, I guarantee you he wouldn't be able to tweet his defence. So yes, all politicans are the foundation for all crimes committed by the populace.

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Atom on Mar 25, 2013 at 4:56 am

Arn: better to say nothing and not look the fool than to take away all the doubt with your posts. You're opinions on everything reek of an anti-social demensia. Good luck man.

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flyingfur on Mar 23, 2013 at 2:25 pm

Arn: A little too much buddy...as much as I am not a fan of politicians in general, for you to compare this guy with people who for the most part try and do things for the good of their constituents is assinine and really calls into question your grasp on the subject. Be smart...not angry.

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Arn Anderson on Mar 22, 2013 at 9:45 am

Replace the word "criminal" in June Jackson's comment with "politician", pretty much bang on the buck there. It seems to June Jackson that everyone the police arrests is guilty until proven innocent, remember some/most of the people up there, YES PEOPLE, are awaiting trial. Now June, sit down and speak to a person that has been wrongly convicted and see how much they care about you and your precious little tax dollars. I'm glad someone like this Mark fellow is standing up to the system and holding it accountable, 99% of people like you would cower away as expected.

Real criminals like politicians, bankers and shady businessmen need to be locked up because they HAVE something to lose, most poverty-laden convicts have nothing to lose, hence why they don't care what the judge says. After all, in the end, its just random useless human laws that were created to keep people in line and keep them dumb enough to operate the machine and read the instructions, until then, watch out for your precious rights, I mean PRIVILEGES are taken away.

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Jack Malone on Mar 22, 2013 at 9:25 am

@ June Jackson. A few years ago, a junkie broken into my house and I chased him out when I arrived home. My car has been broken into a few times. I don't have a lot of patience or time for criminals. But, man, you must have some compassion. It is obvious that McDiarmid has some mental health issues that require attention.

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June Jackson on Mar 22, 2013 at 8:23 am

The criminals didn't care about me (or you) when they broke into your house, stole your rent money, beat you up or any of the numbers of felonies that put them there.

I don't care about Mr.McDiramid, or any of the others for that matter. You are lucky its not left up to me or the "chain gang sheriff" from Arizona would seem like Anne of Green Gables.

I am sure criminals are adequately fed as officials are so scared of what they perceive to be public opinion they practically need diapers. However.. McDiramid is garnering lots of attention for himself, trips out and stay at hospital. Go back on your food strike, at least you saved the tax payers a price of a meal.

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