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Cigarettes to be banned from Quebec prisons -QC
August 15, 2007
MONTREAL (CP) - The Quebec government has announced that it will ban cigarettes from the province's prisons beginning next February.
The government says prisoners won't be allowed to smoke anywhere on prison grounds. Instead, inmates will reportedly have access to nicotine patches to ease their cravings.
Quebec is believed to be the last province in Canada where prisoners still enjoy the right to smoke.
But prisoner rights group say the move to force inmates to butt out is unfair and could increase tensions with guards.
Others say it will be impossible for guards to prevent an illegal supply of cigarettes from circulating.
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Inmates fear fights in wake of smoking ban; Prisoners need incentives to quit, more things to do, expert says

June 28, 2007
Frank Armstrong

The federal correctional service is introducing a total smoking ban in Canada's prisons because the current indoor ban isn't working, a spokesman for the service said yesterday.

"I wouldn't say it was a failure. I would just say we had problems with the implementation and enforcement of it," said Guy Campeau, spokesman for the Correctional Service of Canada.

The Whig-Standard obtained an internal announcement sent Tuesday to senior corrections managers telling them that a total tobacco ban will take effect by April 30, 2008.

The current indoor ban, which has been in place since Feb. 1, 2006, has been much maligned by the U nion of Canadian Correctional Officers. Leaders of the 6,000-member organization claim inmates have flagrantly ignored the ban and have continued to smoke indoors. Campeau confirmed prison canteen tobacco sales figures that suggest the indoor ban didn't convince many inmates to butt out.

In the six months before the indoor ban took effect, inmates bought about $541,000 worth of tobacco. They bought $527,000 worth in the six months after the ban, even though they were supposed to have just a fraction of the opportunity to smoke.

With about 12,800 federal inmates currently residing in Canada's prisons, the reduction is minimal, at about one dollar in spending per inmate, Campeau pointed out.

About 72 per cent of inmates smoke, he said.

The guards' u nion has objected to the indoor ban since the beginning, claiming it would be unenforceable as long as inmates are allowed to possess tobacco.

Campeau confirmed that the correctional service's 58 institutions reported about 9,000 tobacco-related offences from the start of the indoor ban on February of 2006 until March of 2007.

That number represents 16 per cent of all disciplinary charges within that period, he said.

It was hoped that corrections officials could create a safer, healthier working and living environment in prisons through a partial ban.

"We wanted to see how it would be perceived by the inmates," Campeau said.

Under the total ban, tobacco will be considered an unauthorized item, something inmates aren't allowed to bring into prisons, such as cellphones, cameras and recording equipment.

The penalty for being caught with an unauthorized item ranges from a warning and loss of privileges to a fine, performance of extra duties or up to 30 days' segregation, according to the federal Corrections and Conditional Release Act.

To help them quit smoking, inmates will receive written educational material, as well as smoking cessation drugs and patches, three months before the ban takes effect. After April 30, inmates will have to pay for their own aids.

Although offenders received the same help to quit throughout the execution of the indoor ban, Campeau said more assistance to inmates may be considered later.

That's why corrections officials announced the ban so far in advance: to prepare for its implementation and to give inmates a chance to quit beforehand, he said.

Barbara Hill, director of policy development for the John Howard Society of Ontario, said the correctional service must do more than provide quit-smoking pamphlets, drugs and patches, if inmates are going to have a fighting chance at quitting.

Quitting smoking can be a lot more difficult for someone living in a prison than on the outside, mainly because there is not a lot to preoccupy a person, Hill said.

"Smoking becomes one of those things you do when there's nothing else to do and, believe me, there's nothing else to do in prison," she said.

In the 30 years she has worked for the John Howard Society, she has seen the volume of activities for offenders dramatically scaled back.

In the 1980s, for example, community baseball teams would visit Collins Bay Institution to play against inmate teams. There also used to be drama clubs inside, she said.

"Maybe if people had something meaningful to do, there would be less smoking," she said.

Hill suggested that corrections managers should consider providing some of the cessation aids used in the outside world, such as prizes for quitting, workshops, smoking cessation support groups or programs that provide quitting-smoking buddies.

Brian Martin, chairman of the Kingston Penitentiary inmate committee who is serving a life sentence for second-degree murder, said Hill's suggestions sound great in theory, but he doubts they'll ever happen.

"If they [prison authorities] have to throw one shred of work into it, they won't do it, because of security concerns," Martin said.

There was once a music room where inmates would practise instruments, but the instruments are now gone due to security concerns, he said.

Also, years ago, the inmate committee organized team sports in the yard, but it is no longer allowed to do so due to security concerns, he said.

"Now you have guys lining up to go back in [from the yard] because there's nothing to do," he said.

A pack-a-day smoker, Martin said he wants to quit and welcomes the full ban because the habit eats into 75 per cent of his weekly prison paycheque.

"We're not allowed to smoke in the building, but actually, we all do," he said. "What are they going to do, throw us in jail?"

The inmate committee hasn't yet had the chance to tell the general population about the pending full ban, so most Kingston Pen inmates probably don't know about it, he said.

However, those inmates who do know about it are anxious and fear there may be violence when people can no longer smoke, he said.
farmstrong@thewhig.com
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Cons must butt out; Prisons go totally tobacco-free

June 27, 2007
Frank Armstrong

Guards and inmates at federal prisons will be able to breathe easier next year when the Correctional Service of Canada implements a total tobacco ban in all 58 of its penitentiaries.

The service's national headquarters in Ottawa issued an internal announcement about the ban yesterday to district directors and wardens, who shared the news with u nion heads and inmate committees yesterday afternoon.

The ban will take effect by April 30, 2008, says the communique from corrections commissioner Keith Coulter, which was obtained by the Whig-Standard.

The announcement is a huge victory for Howard Page, a Millhaven correctional officer who has waged his own personal war against current prison tobacco rules, which allow smoking outdoors.

"It's very satisfying," Page said soon after learning about the coming ban. He was shown the communique by prison management, but wasn't allowed to keep a copy, he said.

The ban doesn't come as a surprise.

In February, commissioner Coulter asked u nions, staff, inmate committees and others to evaluate the current indoor ban with an eye toward creating a totally smoke-free environment.

The federal correctional service instituted its indoor ban Jan. 31, 2006, against the wishes of the 6,000-member U nion of Canadian Correctional Officers, who said it would be unenforceable.

In August, Page lost an appeal to refuse to work at Millhaven before a tribunal, where prison staff testified inmates sneak smokes and pollute the air despite the indoor ban.

Page and his u nion had planned to appeal the decision before the Federal Court of Canada.

"I never felt it wasn't winnable ... and I always felt it was just a matter of time," he said.

Because inmates can buy tobacco in prison canteens, many are still smoking, even though they were offered three-month smoking cessation kits when last year's partial ban was instituted.

Instead of using the provided patches and Zyban medication to quit, inmates traded the free aids so they could be used as alternatives for a few days when tobacco supplies ran out, prison staff have said.

Regional corrections spokeswoman Holly Knowles referred a call from the Whig to national headquarters spokesman Guy Campeau, because the ban is a national issue. Campeau couldn't immediately be reached yesterday afternoon to provide details of the impending total ban.

However, the communique from Coulter said the ban will apply to all correctional facilities.

"Appropriate accommodations will be made for aboriginal and other offenders whose religious and spiritual practices could be affected by the total ban," the document says.

It also says corrections is now working on implementation plans for the ban and will share more information as it becomes available.

According to numbers provided by Page, inmates bought about $541,000 worth of tobacco in the six months before the ban and $527,000 worth in the six months after the ban, even though they had just a fraction of the previous opportunity to smoke.

"Unfortunately, it's just an impossible thing to enforce if the hazard is still in the institution," said Jason Godin, the guards' u nion's Ontario regional president.

Although inmates are fined anywhere from $5 to $25, depending on the institution for a first indoor smoking offence, the u nion has said inmates have continued to smoke inside prisons.

Godin said correctional officers have done their best to enforce the current indoor ban, but find it frustrating because they aren't allowed to confiscate tobacco and inmates often aren't found guilty. "We almost, more or less, have to catch them smoking to get the charges to stick," Godin said. "It got to the point where our members were asking why are we policing our own health if no action is being taken?"

In the case of a total ban, it's expected that tobacco would become an unauthorized item and could be confiscated. Cellphones are an example of an unauthorized item.

Godin said he imagines inmates and prison guards who smoke won't be pleased with the outright ban and said correctional officers and corrections management must meet soon to discuss how to prepare for the ban and offender reaction to it.

"If there is a reaction, we're more than prepared to deal with the situation," he said.

The correctional service must ensure that its prison officers are prepared, even if that means putting in place extra security measures, he said.

"The issue it to make sure that, once we phase it in, that every safety precaution is taken," he said.

Ontario's prisons went smoke-free in 2001. Some inmates had promised trouble, but no large-scale trouble came.

Godin pointed out that federal prisons are a different situation. Inmates stay behind bars less than two years at provincial institutions, but can remained locked up for their entire life in federal prisons. There are also many federal inmates with mental health issues who are chronic smokers, he said.
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March 23, 2007
By Frank Armstrong Whig-Standard Staff Writer

The federal correctional service will decide next month if it will implement a smoking ban at its 58 prisons, the Whig-Standard has learned.

Inmates, u nions and Correctional Service of Canada employees have until today to hand in the results of a questionnaire that will help senior administrators decide if they’re going to turn the indoor smoking ban into a total ban.

“I think CSC realizes they’re on borrowed time,” said Howard Page, a Millhaven Institution guard who has led the charge for smoke-free prisons.

The correctional service’s national executive is expected to meet sometime in the second week of April to make a decision.

Correctional service spokeswoman Holly Knowles said yesterday the review was planned when an indoor tobacco ban was implemented in January 2006.

“We were going to evaluate the effectiveness of the entire smoking ban after one year,” Knowles said.

She said some “challenges” were identified under the existing ban and they are the reason a new solution is being considered. She said she couldn’t elaborate.

An indoor smoking ban was put in place Jan. 31, 2006, against the wishes of the U nion of Canadian Correctional Officers.

The u nion, which represents 6,000 prison guards, wanted a total ban and has complained that inmates are still sneaking cigarettes indoors and that guards are still having to inhale second-hand smoke.

“Despite the efforts of correctional officers since the new policy was implemented in January, it’s virtually impossible for us to prevent it from happening,” said Jason Godin, Ontario regional president of the U nion of Canadian Correctional Officers.

Correctional service commissioner Keith Coulter issued a notice to u nions, staff, inmate committees and others on Feb. 9, informing them that an evaluation of the indoor ban had been completed and that the consultation would soon begin.

“The results indicate there have been some challenges and difficulties with the implementation and enforcement of this policy in many institutions,” Coulter wrote in the notice.

Page is aware that the correctional service pledged to review the indoor ban after a year, but he said he thinks the consultation and relatively quick decision promised may also have something to do with pressure from correctional staff and the guard’s u nion.

In August, Page lost an appeal before a tribunal to refuse to work in Millhaven, where prison staff testified inmates sneak smokes and pollute the air despite the indoor ban.

However, Page and the guards’ u nion are set to go before a federal court judge sometime in the spring to appeal the decision of the tribunal. The judge will either send Howard back to the tribunal for another hearing or uphold its decision.

At Page’s tribunal hearing last year, the adjudicator criticized the u nion’s case because it didn’t provide any scientific evidence and expert witnesses to back up its arguments.

Page said the u nion didn’t think such evidence was necessary because Health Canada has made its position clear on smoking in the workplace.

This time around, he said, the u nion will be armed with hard data.

“I think the writing is on the wall and I think that’s why CSC is moving,” said Page. “The federal court will either rule in our favour or the next appeal hearing will rule in our favour.”

The hard data will include institutional tobacco sales, which show that inmates continued to smoke almost as much after the indoor ban as they did before.

According to numbers provided by Page, inmates bought $541,000 worth of tobacco in the six months before the ban and $527,000 worth in the six months after the ban.
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Nicotine patches banned from Alberta prisons -AB

Feb. 23 2007

Nicotine patches will be banned from Alberta jails after inmates were found using the substance to make hazardous makeshift cigarettes -- rolled with paper ripped from bibles.

The ban stems from a complaint filed last April to the Occupational Health and Safety by the Alberta U nion of Provincial Employees (AUPE).

Employees at Alberta correctional facilities had complained that inmates were abusing the patches by finding ways to smoke the nicotine.

They are known to scrape the nicotine from the patches and then mix it with dried tea, toilet paper, fruit peels, or pencil shavings.

"Ingenius inmates basically were soaking off the nicotine and placing it onto orange peels, rubber soles, whatever materials they could find to soak it into, and then rolling it into things such as Bible paper," AUPE Health and Safety representative Dennis Malayko told CTV Edmonton.

In tests commissioned by the province, toxic chemicals were found in the smoke from the homemade cigarettes. The smoke has caused severe respiratory symptoms among some employees, about 20 of whom had filed workers' compensation claims before AUPE made its complaint under the Occupational Health and Safety Act.

The problem started in 2004 after a workplace smoking ban was implemented in all provincial correctional facilities.

The u nion was notified of the test results on Thursday.

"This is a real victory for our members, and the government deserves congratulations for acting decisively once it was clear our members concerns about the health impacts of inmates smoking patches had been scientifically established," said AUPE President Doug Knight.

The ban goes into partial effect on March 2. Inmates who are legitimately using the patch will be given a grace period to complete their treatment.
With a report from CTV Edmonton
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January 23, 2007
By KATHLEEN HARRIS, NATIONAL BUREAU

Prison guards may sue over exposure

Fuming federal prison guards are considering a landmark bid to sue the Correctional Service of Canada over exposure to second-hand smoke in the workplace, Sun Media has learned.

Correctional officers at Millhaven in Kingston have already exercised a work refusal and want legal enforcement of an order to stop the breach of health and safety rules. Last November, a federal inspector ordered CSC to take immediate measures to address the "hazard," but the u nion claims management "adamantly refuses."

John Mancini, legal adviser to the U nion of Canadian Correctional Officers, has written Labour Minister Jean-Pierre Blackburn urging intervention on the Canada Labour Code order.

Sylvain Martel, national president of the U nion of Canadian Correctional Officers, said the indoor smoking ban imposed a year ago has failed to eliminate smoke -- and has even created new safety hazards. Some prisoners at Alberta's Drumheller and Bowden penitentiaries have tried to light smokes by sparking electrical outlets due to a match and lighter ban.

The u nion wants a total smoking ban inside the fence, but is demanding immediate enforcement of current rules.

"CSC is above the law. It is extremely upsetting for us, because we are the only employees who are exposed to smoke, and the employer allows us to be exposed," Martel said. "It's time for the ministers to assume their duty, grow a backbone and enforce the law for the employees -- especially Blackburn."

Martel said CSC should be fined for not meeting the Labour Code. If not, employees will seek the legal right to sue in the same way inmates can and do sue the Crown.

A spokesman said the CSC is appealing the ruling but is complying with the order in the meantime by developing an "action plan."

"Our policy is a strong policy, but there are limitations because of the legislation we have in Canada, having to balance the rights of staff working in a healthy work environment and of inmates," Christa McGregor said.
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Whitehorse prisoner launches complaint over jail's no smoking rule (Prison-Smoking) -YK

Oct 24, 2006

WHITEHORSE (CP) _ The Yukon Human Rights Commission is investigating the smoking policy at Whitehorse Correctional Centre after receiving a complaint from a prisoner.

Heather MacFadgen, the commission's director of human rights, wrote inmate Bill Pearson telling him his complaint that his human rights are being violated by the facility's no-smoking policy will be looked into.

``I have determined that your complaint warrants further investigation,'' she said.

The commission says Pearson is alleging nicotine addiction should be considered a disability. Forcing him to quit cold turkey should be considered a violation of his rights, he argues.

``The complainant believes that the respondent has failed in its duty to accommodate his disability by denying him treatment as prescribed by the doctor on call at the hospital and refusing access to nicotine withdrawal symptoms and also denying him access to smoking in the fresh-air yard," says information collected on the complaint by the commission.

The Yukon's ombudsman, Hank Moorlag, who also received a complaint by Pearson that his rights are being violated, believes the matter did not warrant investigation.

``The WCC non-smoking policy is intended to ensure a smoke-free workplace environment," Moorlag said.

``The fact that a staff member or visitor can smoke outside of the institution and you can't is the result of your status as an incarcerated person, which means you can't leave the inside fenced area.''

Pearson is not the only inmate to claim his human rights are being violated.

Earlier this month, inmate Mike Gagnon, who was remanded into custody and awaiting trial, said he feels it's unfair he had to watch guards smoke outside his window.

Inmate Jeff Blackburn said being forced to quit smoking abruptly is adding to the stress level of inmates and leading to an increase in violence.

Department of Justice spokesman Dan Cable said the smoking policy is based on a 1994 policy authorized by the Yukon cabinet.

It prohibits employees and the public from smoking on government property.

Centre Supt. Phil Perrin said Tuesday it would be premature to comment on the human rights complaint.

``It's too soon to say,'' Perrin said. ``This is the second complaint; the other one was lodged two years ago and the human rights commission is still investigating it.''

The outcome of the first complaint will likely provide a clear picture on what the outcome of the most recent complaint would be, he said.

Perrin said the smoking policy was implemented to keep pace with smoking policies at other jails in Canada.

Smoking isn't allowed in provincial jails in Alberta and British Columbia.

In Alberta, inmates are offered nicotine gum, said spokesman Tim Chandler.

In federal penitentiaries there is no smoking inside but inmates can smoke in designated outside areas, said Corrections Canada spokesman Dennis Finlay.
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By Matthew Grant October 07, 2006

Permitting guards to smoke outside prisoners’ windows at the Whitehorse Correctional Centre (WCC) while enforcing a cold turkey, no-smoking policy for all inmates is a violation of human rights, residents of WCC argue.

In a series of interviews this week, inmates claim prisoners are being punished for smoking even though guards are doing the same thing on WCC property, just a few metres from where they are locked up.

Inmate Mike Gagnon said he feels his rights are being violated because he’s been denied smoking privileges even though he’s on remand, in custody awaiting trial, and hasn’t been convicted of anything.

He said he feels WCC’s no-smoking policy is unfair because while he’s expected to quit smoking without help, he’s forced to watch guards light up outside his cell window.

“Guards are allowed to smoke. They go outside four-or-five times a day and we have to sit there and watch them smoke,” he said.

Inmate Sam Mulholland said he can’t understand how the Yukon corrections’ officials could expect inmates who’ve been smoking for decades to quit without help and then punish them when they break WCC rules and light up.

“Some of us have been smoking for 20 years and then we come in here and they expect us to stop cold turkey,” he said.

“They don’t give us anything to help us quit … (so) we have to take our chances smuggling in tobacco.”

He said inmates who are found smoking are faced with penalties which include limited privileges and “lock down.”

Inmate Bill Pearson said he’s been smoking for over 40 years, can’t quit on his own and would like to have the policy amended.

“Smoking still goes on at night time (but) I want to do it the legal way,” he said.

He said while he agrees with the policy of not having smoking in the building, he can’t understand why inmates would not be allowed to smoke in the yard.

Inmate Jeff Blackburn said he and many other inmates suffer from drug and alcohol addiction and felt the added stress of being forced to quit smoking cold turkey was stressful for inmates.

“I think being forced to quit cold turkey is much too drastic.

“We’re basically thrown in a room with a bunch of other guys who are stressed out and then told that we are not allowed to smoke. Of course it’s going to get violent.”

Blackburn also claims there is no assistance offered to inmates to help them quit and no programs to help inmates deal with their addictions.

When contacted this morning,Yukon Human Rights Commission chair Emily Atkinson said if the inmates were concerned their human rights were being violated her organization was willing to go to the WCC to discuss the matter with them.

“We can certainly set up time for an interview for an initial intake,” she said.

She said if it was discovered the inmates complaints were valid an investigation into the WCC’s smoking policy could be launched.

Atkinson encouraged inmates to call the human rights commission with their concerns.

Department of Justice spokesperson Dan Cable said not allowing prisoners to smoke inside the WCC, or in the outside areas accessed by inmates, was an occupational health and safety initiative to protect the health of jail workers and was a government policy passed by cabinet.

The policy, authorized by cabinet in October of 1994 and excluded the WCC until November 2004, prohibits employees and the public from smoking in government property.

“Departments are responsible for ensuring that employees and the general public are aware that smoking is not permitted in Yukon government premises,” the policy states.

The policy also states that non-government employees have a choice as to whether they will follow the rule and exemptions can be made.

“While it is intended that all occupants of Yukon government premises will respect this policy, the individual preference of visiting members will prevail.

“Exemptions will be based on the unique circumstances which make the enforcement of the policy impractical or unreasonable,” the policy states.

“When the work environment comprises of centres or institutions where people live (such as nursing homes, residences, correctional centres, etc.), an exemption may be considered to permit residents to smoke in designated areas.”

Cable said the WCC did offer a variety of treatment programs, ranging from addictions counseling to anger management, but that the facility had ceased its practice of handing out nicotine patches.

“Initially we provided the patch, but that’s since stopped,” he said, adding there was nothing stopping inmates from asking their physicians for help with their nicotine addictions.

Cable said staff-delivered programs that are available to inmates on a regular basis, included: programs for sex and violent offenders; addictions’ counseling; specialized staff to assist women; two full-time nurses and a doctor on contract; and mental health clinicians who are available upon referral or request.

Core programs that are available, provided at least eight inmates are interested, Cable said, include: anger management, criminal thinking, parenting skills, and livings skills.

Many inmates, Cable added, may not be taking advantage of the programs offered at the WCC.

Cable said while guards were allowed to smoke near the front entrance of the WCC next to the parking lot, the smoking area was considered a public area and not part of the jail.

The WCC, Cable added, is not the only corrections facility to bring in no-smoking rules.

In an interview Thursday, Tim Chandler, a public affairs officer with Alberta’s Solicitor General’s office, said Alberta’s provincially run corrections’ facilities were also smoke free as of September 30, 2004.

“There’s no smoking inside the building and there’s no smoking outside the building.

“We do provide our inmates with nicotine gum. If they really want to quit smoking, they can go that avenue,” Chandler said.

Tony Porter, a policy analyst with B.C. Corrections, said the majority of corrections centres in his province were also smoke free as they are following the intent of occupational health and safety regulations.

“We have nine corrections facilities in the province,” he said. “Six are secure facilities and three are minimum security. There is no smoking in secure facilities and the minimum institutions have smoking outside the facility,” he said

In federal penitentiaries, according to Corrections Canada spokesperson Dennis Finlay, inmates do have access to smoking areas.

“Inmates are allowed to smoke in designated, outside areas,” Finlay said.

According to information provided by Yukon’s Department of Health and Social Services, there are several immediate side effects to quitting smoking.

“The common symptoms include an intense craving for nicotine, tension, irritability, headaches, difficulty in concentrating, drowsiness and trouble sleeping, increased appetite and weight gain.

Almost all people who try to quit have some form of nicotine withdrawal. Generally, the longer one has been a smoker and the more nicotine and higher number of cigarettes consumed, the more likely it is that withdrawal symptoms will occur and the more severe they are likely to be,” the information states.

“Furthermore, people who are regular smokers tend to have particularly strong cravings and worsening of withdrawal symptoms at certain times, places, or situations associated with smoking.”
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Canadian Press Tue. Aug. 29 2006

BATH, Ont. — A corrections officer at the Millhaven Institution in Ontario says he will fight a federal ruling that rebuffed his campaign to make federal prisons in the province tobacco-free by Sept. 10.

Earlier this month, an adjudicator with the Canada Appeals Office on Occupational Health and Safety ruled that prison guard Howard Page was not endangered by the presence of second-hand smoke in his workplace.

Page said he will petition the outcome of the ruling on the basis that the adjudicator's decision is "patently unreasonable.''

"He ignored the testimony given by correctional officers who said they had chronic, daily, routine exposure to second-hand smoke and he also chose to give very little weight to the findings of the World Health Organization to the dangers of second-hand smoke,'' said Page.

"He didn't even come into the institution to see the problem for himself.''

In May 2005, Page refused to work at the maximum-security penitentiary because he felt his exposure to the smoky air was harming his health.

A health and safety officer who inspected the prison agreed that Page had a solid case to take to a federal tribunal, and that the Correctional Service of Canada should ensure that the work environment was safe.

In response, the CSC introduced an indoor smoking ban in all its institutions which states that "smoking is not allowed indoors, but inmates and staff can smoke outside in designated areas.''

Christa McGregor, a spokeswoman for CSC says, "the policy is clear, it's now up to the individual institutions to develop their own implementation plans.''

But Page said the government policy is ineffective, especially since inmates can easily buy cigarettes at prison canteens and are even allowed to store them in their cells.

"This indoor smoking ban is completely unenforceable, to have that much tobacco ... and then expect a smoker not to smoke for 22 hours, whether it's an incarcerated smoker, or a smoker on the street, we just don't think it's realistic,'' said Page.

He thinks the government and institutions need to phase out the elimination of tobacco products by providing smoking cessation aids like the patch, gum, and hard candy to the inmates.

The CSC says that eliminating tobacco in prisons would be unfair to inmates, and would infringe on their right to enjoy the same privileges as other members of society.

Although Page is still working in the smoky environment, he says he will continue his campaign.

"All we're fighting for is to have the right to have a smoke-free work environment, which is a right that every other federal government employee has enjoyed for the last 17 years, with the exception of ourselves.
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Remand Centre looks into sexual misconduct allegations -MB

August 24, 2006

The Winnipeg Remand Centre has placed an employee facing allegations of sexual misconduct at work on unpaid leave.

Superintendent Ron Leslie said Wednesday the Remand Centre has launched an internal investigation into the case, which involves several serious allegations against the staff member, who was not identified.

"It does involve one of my aboriginal spiritual care providers … and the allegation is that this individual was bringing in contraband drugs and tobacco for sexual favours," said Leslie.

"The allegation is of a serious nature, in my opinion, that we felt it was warranted [to] put the person, the staff member, on a leave of absence without pay until we have this investigation complete."

Leslie said no criminal charges have been laid in the case, and he expects the internal review will be complete next week.
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22 Aug 2006

A corrections officer at a penitentiary in Ontario says he plans to go to court with his campaign for a smoke-free workplace, after being rebuffed Monday by a federal tribunal.

Howard Page, a guard at Millhaven Institution in Bath, Ont., faced disciplinary action when he refused to work in at the maximum-security penitentiary for health reasons because of the second-hand smoke. In May 2005, Page took his case to a federal tribunal that rules on health in the workplace.

The adjudicator with the Canada Appeals Office on Occupational Health and Safety released a ruling Monday, which said Page was not endangered by second-hand smoke on the job.

After hearing of the rebuff, Page said he has no alternative but to apply to the courts on the grounds that the adjudicator was "patently unreasonable."

"It's too important of a health issue for our [u nion] members," Page told the Kingston Whig-Standard. "I don't intend to quietly go away and breathe second-hand smoke every day I go to work for the next 12 years."

Corrections' smoking ban rarely enforced

The Correctional Service of Canada banned smoking in Canadian prisons in January 2005, but Page said the smoking ban was rarely enforced.

Page said inmates are warned in advance when the guards intend to enforce the smoking rules, giving them plenty of time to stub out their cigarettes.

"The chance of actually catching an inmate is fairly low," he said.

Moreover, inmates are permitted to buy tobacco inside federal penitentiaries.

Other corrections officers also protest

At the minimum, Page wants the penitentiaries to ban cigarette sales inside the jails.

Ontario banned smoking in all enclosed public places in May, a law that was inspired by Heather Crowe, a 61-year-old Ottawa waitress who died of lung cancer that month after working 40 years in smoky restaurants.

The provincial law does not affect federal institutions.

Page is just one of several Canadian corrections officers who are fighting for a smoke-free workplace.

Four guards at Dorchester Institution in New Brunswick have applied to an appeals tribunal after they refused to work in an environment with second-hand smoke.

And the U nion of Canadian Correctional Officers, which has 6,000 members across Canada, is hoped to use Page's case as a test case for its goal of total tobacco ban in the country's 54 federal prisons.
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Prison smoking ban failed to clear the air, guard says

May 26 2006

Nearly four months after a nationwide smoking ban took effect in federal prisons, a Kingston guard is calling for an outright ban on tobacco in all the facilities.

Howard Page, a guard at the maximum security Millhaven Institution, claims the smoking ban has done little to clear the air inside the prison walls because guards feel powerless to stop inmates from lighting up.

He recently refused to work because of the continued smoking, saying it was causing an unhealthy work environment, but was ordered back to work. He is appealing the order.

Page is asking the federal government to ensure prisons are smoke free by prohibiting the sales of cigarettes inside prisons.

He argues that the smoking ban has not been effective because officers are forced to give advance warning to prisoners before enforcing the new law.

"The inmates have quite a bit of forewarning. There's often a PA announcement. There's a special security light that comes on in their cells. So, the chances of actually catching an inmate is fairly low," he said.

Since Jan. 31, inmates have been prohibited from smoking inside federal penitentiaries and correctional facilities across the country.

FROM JAN. 26, 2006: Guards, prisoners expect showdown over smoking ban

The decision came partly in response to health complaints by prison guards.

Correctional Service of Canada representatives said the smoking policy is still being enforced, and inmates have been disciplined for ignoring the rule.

A hearing at Kingston city hall began Wednesday to determine whether prison guards have the right to refuse work in environments with second-hand smoke. It is expected to wrap up Friday.

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Guards negotiate air-quality tests -AB
May 18, 2006
Alberta inmates who get a buzz off lighting up nicotine patches are one step closer to seeing their noxious habit go up in smoke.
The u nion that represents Alberta correctional guards - upset over air-quality concerns in provincial jails - sat down on Monday with Occupational Health and Safety and the Solicitor General's office.
In all, more than 20 correctional staff have filed workers' compensation claims, said the Alberta U nion of Provincial Employees (AUPE).
The u nion had made a complaint April 20 over inmates smoking the patch - in Bible paper or other paper - with dried tea, toilet paper, fruit peels or pencil shavings.
It's become a growing problem since the smoking was banned in correction facilities in 2004, said the u nion.
During the talks, the sides agreed an air-quality hazard test was in order at all Alberta correction facilities.
"It's a good starting point," said Dennis Malayko, with the u nion's health and safety unit.
Malayko said the u nion hopes the hazard assessment will show patch smoking to be a health problem for people working around it. And he'd like to see the patch pulled from the facilities almost completely.
Malayko said some guards suffer from burning eyes, throats and lungs, "some to the point where they can't return to the workplaces, others where they're on medication now."
As for inmates who genuinely need some help stopping smoking, Malayko said the patch should be issued on doctor's orders only, and even then it must be closely monitored.
"We want more control, and monitor it rather than everyone purchasing it from the canteen."
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