Doubling of inmate deaths in Ontario prompts call for correctional oversight body

A spike in inmate deaths inOntario has prompted dozens of advocacy groups, academics and othersto send an open letter tothe province's solicitor general calling foran "independent oversight body for correctional institutions."

A report from Tracking (In)Justice, a law enforcement and criminal justice transparency project saysatotal of 41peopledied in the custody of Ontario correctional institutionsin 2021, almost double the numberin 2020.Deaths have been largely on the rise since 2015, the project says. Between 2010and 2021, more than 280 people have died in custody in Ontario.

"When someone loses their life, what do you say to the mother and to the brother to the sister, to the father? Well, here they are in a body bag. And that's your problem now?" saidYusuf Faqiri, whose late brother Soleiman was pepper-sprayed, shackled and held down by guards in an Ontario jailbefore his death. Faqiri'sorganization, Justice For Soli, is one of the signatories to the letter, which was sent this week.

"Corrections cannot transform itself, we need a civilian oversight external partners to transform the system," he told CBCToronto Monday in an interview.

In the federalsystem,theOffice of the Correctional Investigator hearscomplaints about mistreatment,raises systemic issues and makes recommendations. Ontario has no equivalent and advocates, academics and families of those incarcerated saya similar provincial entitycould helpbringaccountability and transparency when deathsoccur.

Inmate deaths 'aconcern for everybody'

The open letter to Solicitor General Michael Kerzner was signed by more than 40organizations and many moreindividuals.

"The Ministry of the Solicitor General must address preventable deaths in provincial jails and prisons by taking immediate action to improve oversight, transparency, and accountability," the letter reads.

The signatories say the ministry should create a "dedicated independent oversight body to help ensure timely reporting on deaths in custody and assist in taking urgent action to increase the safety of the people who are being detained in Ontario institutions."

The Canadian Association of Elizabeth Fry Societies isone of the signatories to the letter.

"We don't have a death sentence in this country. And yet, to have people dying in our jails and our prisons, and to not have answers as to why they died should be a concern for everybody," said Emilie Coyle, the association's executive director.

Each day, many peopleare incarceratedin Ontario institutionswho have not yet had a trial, some of whom may never be convicted of a crime, Coyle said.

"Whether you're on remand, or whether you're not, whether you're serving a sentence that has been delivered by the courts, or whether you're still awaiting tria ...a person deserves to be treated with dignity, and to have their human rights upheld and to not go to prison to die." she said.

"The correctional system counts on the general public not to care about the treatment of people in prisons and jails. And so because of that, we have very little data around what happens in those prisons and jails," Coyle added.

Lindsay Jennings, a researcher with Tracking (In)Justice, says from her personal experience being incarcerated, she believesthat "the increase in deaths is due to declining mental health, inhumane conditions inside correctional institutions, lack of compliance from correctional officers and staffand inadequate health care."

Some experts have also speculated some cases are linked to COVID-19 in some way, between infection and increasedisolation.Advocates agreethey don't fully know why some of these deaths arehappening without more information and that's the crux of the issue.

In the current system, families are "waiting five, 10 years for an inquest to actually find out the truth," said Jennings. "It's just not fair for anybody involved, including the person that passed."

Justin Pich, a criminology professor at the University of Ottawa and a researcher with theCriminalization and Punishment Education Project,which signed the letter, said while this week'srequest for an oversight bodywon't solve everything, it would be "a step in the right direction."

"It would shine a greater light on ... longstanding and emerging issuesthat exist," he said. But he also stressed thatmaking sure such a body"has teeth" is essential.

Pichsaid theOffice of the Correctional Investigator has been important in shedding light on systemic issues in those federal prisons, but recommendations can be largely ignored.

He says Ontario can look tothe federal model, as well asthe provincial history with Community Advisory Boards, volunteer bodies who were appointed by the solicitor general. Theyhad access toand provided feedback about issues at particular correctional facilities but the provincedisbanded themin June of 2021.

Health and safety 'paramount,' provincesays

So far,the provincial government isn't sayingwhat itwill do with the call for action.

Andrew Morrison, a spokesperson for the Office of the Solicitor General, said in a statement that the ministry had received the letter and considers the health and safety of those in Ontario's correctional facilities to be "paramount."

"Ministry officials have been working closely with the chiefcoroner and his team in support of the Correctional Services Death Review," he said,referring to an investigation launched last year byDr. Dirk Huyer, Ontario's chief coroner, into inmate deathsgoing back seven years.

Morrison addedthe ministry is committed to working with its partners to prevent inmate deaths.

But Pich said getting it right would certainly involve stakeholders andalso ensuring recommendations become reality.

"I'm hopeful, but pessimistic."