Location: Canada
Topic: Defiance
Prison Smoking Page 2

Ruling lets federal inmates puff away outdoors
Sue Montgomery
October 23, 2009
MONTREAL - Inmates who came under a complete smoking ban on federal prison properties in May 2008 will now be able to medicate their frayed nerves with nicotine - at least outdoors.
A Federal Court judge ruled Friday that the sweeping ban on smoking "simply goes too far."
"In our democratic society, there has been no general ban on smoking or tobacco in order to protect the health of non-smokers exposed to second-hand smoke," Judge Luc Martineau wrote in a judgment. "The necessary measures to protect non-smokers exposed to secondary smoke in penitentiaries should be the least restrictive possible."
Even prisoners enjoy the rights and privileges of all citizens, except those rights that must be taken away as a necessary part of their punishment, he added.
The ruling applies to all federal penitentiaries in Canada. Smoking rules in provincial jails vary by province.
Christa McGregor, a spokeswoman for Correctional Service of Canada, said Friday it was too early to comment on the ruling, since the government has 30 days to appeal.
Nineteen prisoners, including some of the most notorious murderers and gang leaders in Quebec, took the outdoor ban to court, complaining they were nervous wrecks.
Among them were Gerald Matticks, leader of Montreal's West End Gang, and Benoit Guimond, a bike gang member who killed a 17-year-old bystander outside a Montreal nightclub in 2001.
They collected money from inmates to pay well-known constitutional lawyer Julius Grey to represent them, and Martineau stipulated in his ruling that the prisoners must be reimbursed their legal fees by the defendants - the federal government.
In affidavits filed in court, one convict complained that his mother, 75, refused to see him in prison because she'd have to stop smoking during the two or three days they were allowed together in the trailer designated for family visits.
Another said his diabetes has worsened, because he craves more sweets, while another noted he gained weight after giving up cigarettes.
Some said they felt guards, who are allowed to smoke off prison property, taunt inmates about the matter.
Grey argued the ban only fuelled a black market for cigarettes.
Correctional Service of Canada banned smoking inside all federal penitentiaries, which house prisoners with sentences over two years, in January 2006. When they noticed prisoners not respecting the outdoor-only rule, they banned smoking completely.
The judge gave the government 90 days to revise the smoking directive.
http://www.dose.ca/news/story.html?id=2138602

Prison inmates cite cravings for sweets, want prohibition on tobacco overturned
By SUE MONTGOMERY, The Gazette
October 14, 2009
A total smoking ban in penitentiaries has turned hard-core lifers into jittery, candy-eating blobs, according to a portrait painted yesterday by a lawyer in Federal Court.
Arguing that inmates should at least be allowed to smoke outside, Julius Grey said prison life is hard enough without having to give up what is still a socially acceptable behaviour. "It's dangerous to think that because someone has been convicted, they should suffer more," he said outside the courtroom. Grey is representing 19 prisoners, including some of the most notorious murderers and gang leaders in Quebec.
Affidavits filed by the plaintiffs list the difficulties faced by such people as Gerald Matticks, leader of Montreal's West End Gang, and Benoīt Guimond, a bike gang member who killed a 17-year-old bystander outside a Montreal nightclub in 2001.
One convict complained that his 75-year-old mother refused to see him in prison because she'd have to stop smoking during the two or three days they were allowed together in the trailer designated for family visits.
Another said his diabetes has worsened because he craves more sweets, while another noted he gained weight after giving up cigarettes.
Some said they felt guards, who are allowed to smoke off prison property, taunt inmates when they have their cigarette breaks.
The Correctional Service of Canada introduced a partial ban on smoking in 2005, then outlawed the habit completely in prisons in May 2008.
A complete ban simply fuels a black market for cigarettes, Grey argued yesterday.
The hearing is to continue today.
http://news.globaltv.com/world/Smoking+hard+inmates+court+told/2103484/story.html

Inmates flex muscle -ON
By KATHLEEN HARRIS, NATIONAL BUREAU CHIEF
Taxpayers on hook for 'striking' cons
Correctional Service of Canada has been forced to hire temporary workers to do the cleaning, cooking and other chores normally done by inmates who have gone "on strike" at an Ontario prison.
An employee source told Sun Media the inmates are angrily protesting "double-bunking" at the medium-high security Collins Bay prison in Kingston.
The work, education and program refusal has led to a near depletion of the inmates' welfare fund and could leave taxpayers footing the bill for prisoners' perks, such as specialty cable television services, said the source.
CABLE BILL
CSC spokeswoman Julie Doering said the department has been working with the inmate committee since August to resolve the situation "as quickly as possible."
"Our aim is to have the inmate population return to regular employment and education activities as soon as possible," she said.
Inmates earn $5.25-$6.90 a day for taking part in work and other programs, while those who refuse to participate in all programs are awarded a basic $1-a-day allowance. Doering said the inmates' welfare fund has enough left to pay next month's cable bill.
"We are hopeful that the inmate population will return to work so that they can continue to pay for this service," she said.
The prison guard source said temps have been working regularly to fill in for the striking inmates, but Doering said contracted staff have only been brought in on an "infrequent basis" to maintain cleanliness standards.
She said there has been no impact on the security of the institution, which is otherwise operating on a "normal routine."
But Jason Godin, Ontario's spokesman for the Union of Correctional Officers of Canada, said the idle inmates are causing more stress in prison where incidents of drugs and violence are already "off the radar scale."
"It does definitely create tensions for us. When these guys are refusing to go to work, that means they're not really engaging in a lot of meaningful stuff. That concerns us, because more time on their hands means more trouble for us," he said.
Godin said the double-bunking, new no-smoking policy and anti-drug strategy are all believed to be factors behind the strike.
The longer the strike continues the more inmates feel like they have the "upper hand," yet there's nothing staff can do to compel them to work.
MORE VIOLENCE
Guards have already voiced concern about the new "open-concept" retrofits at Collins Bay, and Godin said double-bunking in any prison can lead to more violence.
CSC policy states "single occupancy is the most desirable and correctionally appropriate method of housing offenders" and it makes every effort to reduce double-bunking where possible.
"At times, as a result of population management demands, two offenders will be housed in cells intended for one. Where it is necessary to accommodate two inmates in a cell, an assessment is made to ensure the safety of both inmates," the CSC said.
http://www.winnipegsun.com/News/Canada/2008/10/30/7247181-sun.html

N.S., Ont. prisons face lockdowns over smoking ban protests

Published: Monday, June 02, 2008
Phil Couvrette , Canwest News Service

Two prisons in Canada were under either a total or partial lockdown as inmates protested a federal smoking ban, which was officially in effect countrywide on Monday.

The Correctional Service of Canada banned indoor smoking in its prisons in 2006, but the new rules mean no more smoking outdoors as well for all inmates.

Maximum-level institutions imposed the ban on May 5, followed by mid-level institutions on May 20 while minimum-security institutions followed suit Monday.

While the ban went in peacefully in most institutions across the country, inmates in Nova Scotia's Springhill Institution went on strike last week to fight the ban.

A lockdown remained in effect Monday as inmates in the medium-security prison north of Halifax continued a "peaceful" demonstration, with inmates refusing to go to work or to their smoking cessation programs.

In Ontario, Warkworth Institution, near Peterborough, faced a lockdown-like "semi-modified routine" as inmates held similar protests, the union representing prison guards said.

Guy Campeau of Corrections said that apart from these two institutions and isolated cases of inmates refusing to work, the transition to a total ban has been incident-free.

"The inmates are peacefully demonstrating their opposition to the restriction, we're trying to negotiate with them but the days of tobacco (in prisons) are gone," he said. "The health and security of inmates and employees has never been compromised so (implementation) has been successful."

Other regions of the country reported no incidents related to the ban. Corrections officials praised advance notice and the quit smoking programs for the smooth transition.

Meanwhile human rights lawyer Julius Grey is launching a legal fight against the ban on behalf of Quebec inmates in Federal Court, basing his case on charter and inmate rights.

"The penitentiary's act says that a prisoner doesn't lose any rights except those that are intimately necessary for the purpose of his imprisonment," Grey said. "Just like he doesn't lose his right to good medical treatment. . . and doesn't lose his right to be treated with dignity, he doesn't lose this right."

Grey said a hearing on the case would probably take place in the fall, but added he felt the debate could go higher "at least to the Federal Court of Appeal, maybe to the Supreme Court." http://www.canada.com/topics/news/national/story.html?id=7691cf42-84d4-474e-8494-a8f6686596b4

Prison smoking ban to be phased in

Monday, May 5, 2008
Florence Loyie, The Edmonton Journal

Slower rollout meant to address problems such as resistance to new rules

A total smoking ban at all federal correctional facilities was set to begin today, but Corrections Canada will now phase it in over several weeks so employees can address any issues that may arise.

Corrections Canada banned indoor smoking in its prisons in 2006. The new rules will now put an end to smoking outdoors as well.

Maximum-security inmates will butt out starting today. Medium security inmates will butt out May 20, while those in minimum security have until June 2.

Statistics show that at least 70 per cent of nearly 13,000 federal inmates smoke.

While some inmate advocates are predicting the total ban will be unenforceable and will lead to riots, others say inmates will adjust because they have no choice.

Glenn Flett, director of L.I.N.C., a prisoner advocacy group in British Columbia, said the total ban may create a "desperate situation" inside federal prisons and lead to a black market where a pouch of tobacco could be worth several hundreds of dollars. "You've got guys in places like Kent that have been smoking for 25 years and they're serving life sentences. They are not going to accept it," he told the Vancouver Province. "You can only push people so far."

Daryl Clark with Lifeline Alberta, who works as a contract in-reach worker for Corrections Canada, said the ban will be hard on some inmates who will likely start trouble, but he doesn't think there will be full-scale riots.

"There is going to be a great deal of adjustment and I'm sure the staff is going to have their hands full," said Clark, a former inmate whose job as an in-reach worker is to act as a motivator and mentor for lifers preparing for parole.

"But by the same token, there are a lot (of inmates) who are trying to go with the flow. They have to. They have no choice," he said, adding many of his clients have taken smoking-cessation programs offered by Corrections Canada in preparation for the total ban.

The ban is also going to be hard on corrections staff who smoke because they will have to be off property before they can light up, Clark said.
http://www.canada.com/edmontonjournal/news/story.html?id=d69f866f-85cd-4cc8-993a-d623326f7ad0

Smoking ban sparks prisoner strike -NS
Wed. May 28 - 4:32 AM
By TOM McCOAG Amherst Bureau
AMHERST — Inmates at the Springhill Institution are striking to protest the federal government’s decision to ban the use of tobacco products inside prisons.
"(Monday) morning, the inmates refused to go to work or to participate in programs," prison spokeswoman Shannon Oickle said in a telephone interview Tuesday. "They refused again today. The key issue is the smoking ban."
The ban was implemented in all prisons across Canada on May 20. As a result, the medium-security prison stopped selling cigarettes in the canteen, and smoking and other uses of tobacco are forbidden on prison property.
Because the entire prison population — 485 men — refused to go to work or attend programs, prison management instituted a lockdown. As a result the cells are locked, inmates are not allowed to travel freely within prison walls, meals are being served inside the living units instead of the cafeteria, and prisoners are not allowed to participate in recreational activities, such as going to the prison gym.
"We are meeting with the inmate committee to resolve the issue, but until it is resolved, the lockdown will continue," Ms. Oickle said.
While the ban on tobacco products is the key issue, Ms. Oickle said there were others, but she had not been given details by the negotiation team.
The Chronicle Herald received a phone call from an unidentified person who said part of the protest was over an ion machine that is used to detect the presence of illicit drugs on visitors entering the prison. The woman said the machine was too sensitive, and as a result, inmates were upset because too many visitors were being denied entry to prison.
"That’s the first I’ve heard of that," Ms. Oickle said, when asked if there were complaints about the ion machine.
A request was made to interview a spokesman for the inmates, but no response to the request was received by late afternoon.
( tmccoag@herald.ca)
http://www.thechronicleherald.ca/NovaScotia/1058668.html

Inmates poised to butt out

Smoking ban expected to raise tensions in prisons

Phil Couvrette Canwest News Service

Monday, April 21, 2008

As the Correctional Service of Canada prepared for next month's smoking ban in its prisons across the country, it met with resistance from regional staff and inmate groups that predict trouble ahead according to documents obtained by Canwest News Service.

Officials from Quebec's federal institutions and inmate groups consulted across the country expressed serious reservations about a complete ban, documents obtained through Access to Information show.

CSC banned indoor smoking in its prisons in 2006 but the new rules will mean an end to smoking outdoors as well starting in early May.

A number of institutions nationwide expressed concerns about the ban, raising fears of rising tensions possibly leading to violence. They feared cigarettes will become a top contraband item or that inmates would move on to harder drugs.

A document on regional positions about implementing a total ban stated Quebec institutions were "not ready to support a total ban," stressing regional concerns that inmates would be denied rights enjoyed by the rest of the population.

"We can hardly curb access to drugs, how do we think we are going to be able to control access to tobacco, which is a legal substance?" questioned one warden from Archambault Institution in Quebec.

Just two of Canada's five correctional regions were in favour of a ban at all levels, two others preferring a "differentiated ban" that would implement a total ban in maximum and medium-security institutions but allow for more liberties in minimum-security institutions.

Inmate committees consulted by CSC, meanwhile, were overwhelmingly against a total ban, warning that it would possibly lead to cases of "serious confrontation and possible damage."

72 PER CENT OF INMATES

According to a 2002 study, about 72 per cent of the inmate population smokes.

While the indoor smoking ban resulted in no major incidents, according to CSC, officials were reporting some 9,000 offences by March 2007 -- about 16 per cent of all disciplinary charges for the period -- resulting in over 400 serious charges, all related to the smoking ban.

Documents obtained by Canwest News Service refer to the indoor ban as having been "ineffective" since it either failed to improve air quality or created new risks as inmates illegally lit up in their cells by using electrical outlets or wicks, creating noxious fumes and sometimes even sparking fires.

Some wardens reported an increase in incidents, some fearing a total ban would be even more disruptive.

"Increased tension between staff and inmates is evident on a daily basis," reported warden Floyd Wilson of Bowden Institution in Alberta, last May. "If we maintain this course of action it is only a matter of time staff become apathetic towards the present smoking policy."

Others warned a total ban would present its own set of problems.

"Tobacco would become a new currency of choice. While many inmates are able to abstain or are not attracted to illicit drugs because they are not addicted to it, tobacco products would appeal to the vast majority of inmates incarcerated," wrote the warden for New Brunswick's Westmorland Institution.

http://www.canada.com/windsorstar/news/story.html?id=b9b74f31-9379-4476-8964-936672fc576f

Strife ahead as inmates face total smoking ban

Published: Monday, April 21, 2008

Phil Couvrette, Canwest News Service

As the Correctional Service of Canada prepares for next month's total ban on smoking in its prisons across the country, it's meeting with resistance from staff and inmates who predict trouble ahead, according to documents obtained by Canwest News Service.

Officials from Quebec's federal institutions and inmate groups consulted across the country expressed serious reservations about a complete ban.

CSC banned indoor smoking in its prisons in 2006 but the new rules will mean an end to all smoking starting in early May.

A number of institutions see rising tensions, possibly leading to violence. They fear cigarettes will become a top contraband item or that inmates would move on to harder drugs.

Documents said that Quebec institutions were "not ready to support a total ban," stressing concerns that inmates would be denied rights enjoyed by the rest of the population.

"We can hardly curb access to drugs, how are we going to be able to control access to tobacco?" questioned one warden.

Inmates with mental disabilities were also expected to react negatively to the ban.

Officials, however, insist aboriginal religious and spiritual rights would be accommodated for special ceremonies that traditionally required tobacco.

Inmate committees consulted by CSC, meanwhile, were overwhelmingly against a total ban, warning it would possibly lead to cases of "serious confrontation and possible damage."

According to a 2002 study, about 72 per cent of the inmate population smokes.

While the indoor ban resulted in no major incidents, according to CSC, officials were reporting some 9,000 offences by March 2007 resulting in over 400 serious charges, all related to the smoking ban.

The documents refer to the indoor ban as having been "ineffective" since it either failed to improve air quality or created new risks as inmates illegally lit up in their cells, sometimes sparking fires.

Federal officials say implementation issues will eventually die down since the provinces have been able to implement total bans.

Prison-officer unions support the move, saying a complete ban will end many difficulties created by the indoor ban.

http://www.canada.com/theprovince/news/story.html?id=ef81019a-245a-490e-bc4a-289c102f76f6

Prison tobacco prices expected to skyrocket

April 9, 2008

By BROOKES MERRITT -- Sun Media

The Edmonton Sun

The price of prison tobacco is expected to skyrocket when a blanket smoking ban in federal prisons takes hold next month, says a former con who served 14 years for murder.

"It will create a black market. Tobacco is more expensive than any other drug you can buy in prison. A bail of tobacco (small pouch of loose tobacco) that normally costs about $16 is about $300 in jail. If you roll it and sell the cigarettes, you can get $500," said Glenn Flett.

Flett, 57, is the founder of Long Term Inmates Now in the Community (LINC) - a Vancouver-based program helping ex-cons stay straight.

"Tobacco already causes violence. Banning it outright is going to create some pretty big problems and general unrest," he said.

An indoor smoking ban started at Correctional Service Canada facilities in 2006. The new ban outlaws smoking outdoors.

Kevin Grabowsky, regional president of the federal guards union, wants shifts at the maximum-security Edmonton Institution to be bolstered in case of any initial resistance to the ban.

It comes into effect May 5.

"We're going to have groups of inmates that are probably going to be resistant to it," Grabowsky said.

"We've had intelligence that the price could go up to $1,000 per bail. Somebody is going to want to run the tobacco trade just like the drug trade ... you can get somebody severely hurt and or killed in prison for a couple of bails of tobacco."

Correctional Service Canada is supporting the ban by providing inmates with access to smoking cessation programs.

http://cnews.canoe.ca/CNEWS/Canada/2008/04/09/5235281-sun.html

Second prison inmate dies following riot at Mountain Institution

Published: Tuesday, April 01, 2008

Lora Grindlay, The Province

Fatal overdose added to riot fallout

A Mountain Institution inmate who overdosed during a riot at the jail on Saturday has died.

The inmate was taken to an outside hospital during the riot at the medium-security jail in Agassiz and died Sunday night, said Correctional Services of Canada spokesman Dave Lefebvre.

The dead man, who was not identified, was one of at least 11 inmates taken to hospital on Saturday night because they were "under the influence" of an unknown substance, said Lefebvre.

Bridal Falls sex offender Michael Gibbon, 39, died Saturday as a result of injuries sustained in the riot, in which windows and doors were broken, inmates assaulted and staff threatened.

Another inmate injured in the riot was also taken to an outside hospital for treatment but has since returned to a jail hospital with non-life-threatening injuries.

Correctional Services and the Integrated Homicide Investigation Team are investigating Gibbon's death and the cause of the riot.

IHIT's Cpl. Dale Carr said it's not known if Gibbon was targeted in the attack. Carr wouldn't reveal the cause of death.

Gibbon was known as a severe sexual deviant.

An autopsy was being performed yesterday on him.

Lefebvre said Mountain Institution, which houses 442 federally sentenced criminals, remains locked down while the investigations are under way and while damage is repaired.

"We're trying to get a full tally of exactly how much damage was caused. It's a fair amount," he said, adding windows and doors were broken.

"We lock down the facility in order to make sure that, first of all, safety and security of everyone is preserved."

In a lockdown, all inmates are confined to their cells at all times.

"They get fed in their cells . . . all activities are suspended and all visitations are suspended," Lefebvre said.

He said the internal investigation will reveal the cause of the riot.

A ban on smoking at jails goes into effect May 1.

lgrindlay@png.canwest.com

http://www.canada.com/theprovince/news/story.html?id=3c6b569a-0199-4b06-9b60-33720f202980&k=75906

Second B.C. inmate dies after weekend riot -BC

April 1, 2008

UNNATI GANDHI From Tuesday’s Globe and Mail

VANCOUVER — A second inmate from Mountain Institution, a federal penitentiary east of Vancouver, has died after a weekend riot in which about 60 prisoners armed with baseball bats, clubs and fire hoses from the gym forced their way into several of the institution’s buildings.

http://www.theglobeandmail.com/servlet/story/LAC.20080401.BCDEATH01/TPStory/TPNational/BritishColumbia/

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