Whitehorse Daily Star

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REFORMING THE CORRECTIONS SYSTEM – Shown left to right at Wednesday afternoon’s media briefing are Shadelle Chambers of the Council of Yukon First Nations; Al Lucier, an assistant deputy minister with the Department of Justice; and Lesley McCullough, the department’s deputy minister.

Segregation tops list of suggested WCC reforms

The territorial government has released an inspection report on the Whitehorse Correctional Centre (WCC) done by an inspector over the last number of months, complete with 40 recommendations it says it accepts the “intent” of.

By Palak Mangat on August 16, 2018

The territorial government has released an inspection report on the Whitehorse Correctional Centre (WCC) done by an inspector over the last number of months, complete with 40 recommendations it says it accepts the “intent” of.

That’s according to Justice department officials. They were on hand at a technical briefing to media Wednesday afternoon along with the executive director of the Council of Yukon First Nations (CYFN) and Justice Minister Tracy-Anne McPhee.

The report was done by David Loukidelis after being appointed by the minister in late 2017.

The minister noted there is a wide range of recommendations that are to address mental wellness, separate confinement/segregation, justice system matters and those focused on First Nations.

She said they will be helpful in reviewing policies that may especially impact the mental health of inmates.

“Our government has accepted the recommendations of Mr. Loukidelis,” McPhee said, adding that the report provides “solid footing to make necessary changes.”

Documents provided by the department show that of the 40 or so recommendations made, 28 are listed as accepted while about 14 are “under consideration” (two of the recommendations are broken down into two subcategories: 33a, 33b, 7a and 7b).

The department explained that is because some work and research still has to be done with partners.

“The intent of the recommendations is acceptable to us; we do have to look to see how we can implement them,” said Lesley McCullough, the deputy minister for the department.

“The recommendations don’t speak to the method of implementation,” she continued: “that’s what we look at when we discuss with our partners through implementation work.”

There does not seem to be any explicit mention of a timeline in the documents. A department spokesperson said this morning an implementation group is expected to be set up in the coming months.

The report was sparked in part after the case of Michael Nehass, who was schizophrenic and spent years at WCC, with lengthy periods in segregated confinement.

Among the recommendations to address segregation are:

• to remove mental illness as a reason for placing somebody in any form of separate confinement (recommendation 16, listed as accepted);

• to allow short-term administrative separate confinement to be used only as a last resort, be limited to 48 to 72 hours, and done in consultation with mental heath professionals (recommendation 17, listed as accepted);

• individuals not be placed in separate confinement for more than 15 days over a one-year period (recommendation 20, listed as under consideration); and

• better definitions of “separate confinement,” when it can be used and how it is regulated (recommendation 13 and 14, listed as under consideration).

For his part, Loukidelis said there was sense of urgency for the suggestion to avoid placing inmates in separate confinement because they are mentally ill.

“That’s one area they should stop right away, because the evidence is clear,” he said Wednesday afternoon.

That recommendation is listed as accepted, with the department noting that this is “current practice,” but it will amend language in the policy to ensure it is explicit.

The suggestion to better define separate confinement “is necessary,” Loukidelis wrote, even if other substantive changes in the report are not implemented.

He recommended that it be defined as confinement of somebody who is alone from others for more than 18 hours a day, but that suggestion is under consideration (recommendation 14).

Al Lucier, the assistant deputy minister with the department, explained that this is because confinement could be better thought to be as a state of incarceration rather than a physical geographic location within a facility.

“If they’re living under those conditions, then they’re living (under) separate confinement – that’s an exploration that I think is healthy one,” Lucier said.

Acknowledging that the report calls for a “culture shift” to be using confinement as a last resort, he continued that “the placement of a finite number of days becomes difficult to manage.”

That said, he believed the report allows for accountability for the use of confinement by suggesting a restriction on the number of days an individual would spend in that state.

According to Loukidelis’ 20th suggestion, it should be no more than 15 days over a one-year period – it is listed as under consideration.

“Optimally, no one would ever be in segregation at all,” McCullough said. However, she stopped short of saying the department explicitly intended to implement this.

“What we want to do is talk to our partner as to the manner in which we could implement it.”

Documents, however, point out that under the “next steps” section of this recommendation, the department’s position is that moving on other recommendations in the report “will mitigate the majority of the concerns surrounding separate confinement.”

Among Loukidelis’ other recommendations are:

• an on-site mental wellness co-ordinator position be created (recommendation 1, listed at accepted);

• training be provided for all correctional officers in how to work with those diagnosed with FASD (recommendation 4, listed as accepted);

• to work at establishing a new forensic unit at Whitehorse General Hospital and remove WCC’s designation as a hospital (recommendation 11, listed as under consideration);

• WCC allow those who wish to, to spend time in the facility’s yard rather than their unit’s fresh air yard (recommendation 10, listed as accepted);

• quarterly reports be provided on the use of separate confinement (recommendation 26, listed as accepted); and

• a full-time First Nations liaison officer for WCC be created (recommendation 28, listed as accepted).

Minister McPhee added that she also requested the department provide quarterly progress reports she can share with colleagues and those at the Yukon Forum.

She has also invited Loukidelis to the legislative assembly for the fall session to speak to the report.

For his part, Loukidelis said the report will rely on co-ordinated responses between not just the territorial and First Nations governments, but it will lead to conversation internally within departments and partners about best practices.

“What really came home to me is the need for an integrated” approach, he said.

The long-term goal of reintegration could be better achieved by focusing on external supports provided through community organizations as well, he noted.

For instance, supports for mental wellness and addictions services could be enhanced, after which Loukidelis predicted “you’ll see a much less need for extreme disciplinary measures like separate confinement” as a result.

He added it was “welcome news” that the government intended to set up an implementation group.

Meanwhile, Shadelle Chambers of the CYFN noted that the sooner action can be taken, the better.

“I think it’s important that we already waited 90 days,” she said, noting that Loukidelis’ report was received by the department in May.

“Obviously we want to ensure that some of the practices and services at WCC change immediately; I think we are working toward some of those immediate things.”

Lucier added that the department “may move more quickly on some of them, we may take longer on others.”

He continued that early steps to address the recommendations made about mental health may be looked at first, along with the First Nation liaison position.

Documents show that a job description was completed in November 2017 and an ad was posted but amended after consultation with First Nations.

As for the immediate next steps for the overall report, the department hopes to set up a working group “with balanced representation from Yukon First Nations governments and departmental partners.”

It will look at implementing the recommendations and be set up in the coming months, with a department spokesperson confirming this morning that setting it up “expeditiously” was a priority.

Comments (11)

Up 1 Down 0

Doug Ryder on Aug 23, 2018 at 7:43 pm

@ Jerry - It is a publicly run facility using public monies. They are political creatures who have no difficulty patting themselves on the back for their own perceived greatness. In reality these public figureheads would likely have difficulty navigating the rigours of a dog-walking enterprise.

They even hold themselves above the law and unaccountable to anyone. They purvey chaos as a method of operation and self-satisfaction while claiming to be the victims of a political will. As they are political creatures they are not to be trusted, not for reasons attributable to the individual per se but, by the mere fact of being political - they say whatever to achieve an end. They are asocial entities who use social means to manipulate the fluid space of the political for personal gain.

Jerry, this issue seems to be a personal one for you; oui, non?

Up 0 Down 1

Jerry on Aug 23, 2018 at 12:31 pm

For all of you armchair-lawyers who think you could run the jail better, the Deputy Minister position for Justice is vacant. Put up or shut up.

https://yukongovernment.hua.hrsmart.com/hr/ats/Posting/view/11599

Up 10 Down 0

Mick on Aug 22, 2018 at 2:52 pm

This may sound crazy but the solution is as simple as obeying the law and you will stay out of jail.

Up 3 Down 0

Doug Ryder on Aug 21, 2018 at 7:42 pm

@ Felic Bauer - Good luck with special report - These things are never as helpful as people may hope. They tend to skirt the issues, diffuse blame from the power holders, and make recommendations that cannot realistically be achieved.

Good luck getting outside the statement of focus... The narrow scope of interest... The operationalizations etc.

The only thing special about special reports is their lack of specialness. Believe me, we’ll all be left wondering... What just happened here... Make sure you know where your wallet is when the dust settles!

It will not be the take down you are looking for.

Up 8 Down 1

Felic Bauer on Aug 21, 2018 at 1:27 pm

Where is YTG's special investigator report from Pam Costanzo and when will we hear about what is happening at HSS? Minister Frost said in public that the report would be made public. In the meantime we only see things worsening.

Up 7 Down 7

Mike on Aug 20, 2018 at 4:43 pm

You can thank the Yukon Party and Bob Riches for building an 85 million dollar concrete monolith that serves no practical application in today’s correctional system. For anyone whose ever been inside, and I have. This center was built to hold maximum security inmates. It serves no purpose except to warehouse inmates until their release date.

There are no recreational 12 x 20 concrete yard with small slits to see out recreational. No library except for bringing the books over from the old jail and they were 20 years old to begin with. People aren’t allowed to drop any of that stuff either because it’s considered contraband. You have to go through at least 5 sets of doors to get out and you have to announce all movement of inmates. I mean come on..is that really necessary. Maybe in the states that’s normal but are turning into a police state like that.

The managers and supervisors sit on the sidelines up there while the staff does all the main work and takes all the s**t and abuse. The higher ups never walk through the jail to get a sense of what’s really happening. The place is a joke that runs like a ma and pa convenience store. Oh yeah, and let’s ask some questions about all the nepotism that seems to occur among the higher ups.

A bastion of rehabilitation and employee respect it is not.

Up 13 Down 1

YukonMax on Aug 20, 2018 at 8:01 am

The way our "justice system" let people off the hook for just about any imaginable offences, the ones that do end up in jail must really...really deserve it. So no pity from me.

Up 12 Down 0

Doug Ryder on Aug 18, 2018 at 10:00 pm

@ Only40 - You are right to ask how do they get away with breaking the integrity of its mandate - The answer: Beacause it is political! This occurs from the judiciary on down and it is about fiefdom building.
They overstep and intrude to influence the shape of justice. This is contrary to the foundation of judicial independence - a cornerstone of our democratic system. They could give a Schmidt. Then you have the politicos currying favour... The orgiastic titilations of influence and power.

Yes. The revolving door of Justice. Maybe ask Al Lose-It-Eh where all the managers went - Google Leah White or even David Hunt - and then call to confirm the current manager - bet they aren’t there! Where did they go? Why did they go? The Star should ask those questions too.

Absolutely correct about the HR carousel. This should be examined openly and honestly with full immunity - absolute protection for every employee. Then maybe we will see? But there is no will and no stomach for that. The greater the chaos the easier it will be for upper management; directors, ADM’s and DM’s to dismantle and sell off pieces of justice under the pretense of change with unions tacit approval.

Under their stewardship you will have uneducated and poorly individuals making decisions that impact people’s lives. The dumbing down is deliberate - If you have uneducated people or ideologues inserted into these positions you create chaos and a justice system based on the bigotry of lower expectations.

This breeds the conditions to create the Michael Nehass’ of the world. This increases the potential for recidivism. It makes jails and prisons less safe because you have unqualified individuals doing work they have no business doing.

A First Nations Rep? How many more white guys is KDFN going to hire for that purpose?
Mental Health should not form the basis for a decision to segregate? Duh! But, in the Yukon - race is an okay category for segregation? Wow!

But anyway - back to Mental Health; behavioral manifestations of mental illness should always be considered for segregation purposes. The liability implications for not doing so are huge - it’s called the standard of care and one could be negligent for not meeting the standard of care - due diligence.
It sounds like this still takes a back seat in YTG.

It is a shame that there has been no meaningful policy in justice that employees can fall back on as a means of protection, fairness, a measure for evaluation, transparency, and accountability. It is an absolute farce that the Union has not stepped in as it appears to still be the case.
It’s a shame because there have been some intelligent and caring people who have worked and are working for justice. But, the old adage appears to be true - Schmidt floats!

They are dangerous but be careful now because they will soon have you believing you are the dangerous one - It's the doublespeak and thought control...

Up 10 Down 3

Only40 on Aug 18, 2018 at 1:41 am

How does this branch consistently get away with jeopardizing the integrity of its Mandate? They wrote a code conduct, they wrote a new Correctional Act but who follows it?
Integrated Offender Management which version?
The one that started in 2006, 2008, 2010.....or the one now...? If it’s the present version, what the heck have these CM been doing, short of going to Chocolate Claim and ensuring that they get their breaks, and have two inmate interviews per day...?

Even the former MMA Deputy was AWOL before he left WCC and later got The Conservative nod. Not exactly a shining example to coworkers or inmates....
This report should go a step further and interview current and former staff within the last 10 years to get their inputs out how things have been run.
How about interview the core Human Resource staff during that time as well. Some have made Justice a mere steeping stone to other departments.

Why was there such a huge turn over in HR? Let’s see what they did during recruitment, interviews, TA’s and bias they had toward “the fast tracking” of non skilled correctional officers to lofty positions. Only to have them leave Justice, get allocated in other government departments or have to use up all their sick leave....because they were burned out, overused and abused......

Any idiot can memorize 5 motivational behaviour questions. WCC had competent staff who had the experience and maturity to deal with MH inmates. But the big man made life uncomfortable for everyone around him. And history almost repeated itself....
Which begs the question about recruitment in government and....especially at PSC. A place that is full of filters, and cookies and cake. If there is audit to be done do it there....

if these dolts are making decisions about the future careers of new or existing YG employees, it might easier to take their pre screening, post screening and interview process and just do finger painting challenge....

How is it possible that someone has the right stuff, life skills, knowledge base but has to answer idiotic Behavioral motivational Interviews to get
A job in government.....just asking Mr. Premier...?

Up 19 Down 1

Joseph K on Aug 17, 2018 at 1:57 pm

Consider for a moment IF the HSS Family Services did their jobs and protected children and youth in the manner they are supposed to how this could reduce incarceration. Current situation of refusing youth care so that they have to turn to the streets only creates antisocial behaviors that can lead to criminality. Small investments in children and families are good ways to create change. Treating staff and families with respect creates good healthy populations. Lots of money is spent at HSS apparently for children and families but look closely at the salary of the average social worker at $100,000 and the very small case load they carry and ask what return we are getting. Several people recently have tried to adopt children from the YG and they have been treated terribly. Whats wrong with this picture?

Up 11 Down 21

WhyBuildIt on Aug 16, 2018 at 5:16 pm

Why did this type of jail get built?
There was supposed to be consultation with the First Nations, there was talk about a Healing Centre and yet we got this concrete grain elevator without a soul.

Where are the programs??? Where is the training??? The report did not capture why WCC perpetually hires? Why it cannot keep good staff or why they have lost dozens of nurses due to mismanagement.

Who builds a jail without a gym or fresh air yard?
How many inmates have continued on the recidivism carousel because we hired outside help who did not understand the land or the people.
This is the legacy of a previous DM who hired an outside ADM and for what...? There a few plaques in the Justice Bldg with all those that built this concrete silo. Where are they are they now?

The report follows the Auditor General’s call for change in Corrections. The transition from the old jail to this building was always flawed.
Forty recommendations?! Tax dollars thrown at a concrete wall with a biomass system too big to operate effectively....ooops

There certainly was a lot of pomp and circumstance when this garage opened. What a hideous place to put people!
Nice legacy.....shameful!

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