{"id":18570,"date":"2020-04-23T11:52:00","date_gmt":"2020-04-23T15:52:00","guid":{"rendered":"http:\/\/www.aidslaw.ca\/site\/?p=18570"},"modified":"2024-07-23T09:35:58","modified_gmt":"2024-07-23T13:35:58","slug":"ontario-protecting-prisoner-health-during-covid-19","status":"publish","type":"news22","link":"https:\/\/www.hivlegalnetwork.ca\/site\/ontario-protecting-prisoner-health-during-covid-19\/","title":{"rendered":"ONTARIO: Protecting Prisoner Health during COVID-19"},"content":{"rendered":" <\/p>\n

SIGN YOUR NAME IN SUPPORT OF PRISON HEALTH IN ONTARIO<\/a> (both individuals and organizations can sign)\u00a0<\/strong><\/h2>\n

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Download letter<\/a><\/p>\n

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April 23, 2020<\/p>\n

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Hon. Sylvia Jones,\u00a0Solicitor General,\u00a0Ministry of the Solicitor General<\/p>\n

Hon. Christine Elliott,\u00a0Minister of Health and Deputy Premier,\u00a0Ministry of Health<\/p>\n

Hon. Doug Downey,\u00a0Attorney General of Ontario,\u00a0Ministry of the Attorney General<\/p>\n

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Dear Ministers:<\/p>\n

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Re: COVID-19 \u2013 Protecting Prisoner Health in Ontario<\/strong><\/p>\n

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We are frontline workers and organizations deeply concerned about the impact of COVID-19 on people in provincial jails and detention centres in Ontario. As a growing number of prisoners and correctional staff at different facilities in Ontario test positive for the virus, we call on the Ministry of the Solicitor General, in conjunction with the Ministry of Health, the Ministry of the Attorney General, and other government agencies, to immediately implement measures to protect the physical and mental health of all prisoners in provincial custody.<\/p>\n

While some steps have been taken to address the pandemic in Ontario jails and detention centres, much more needs to be done. We are particularly concerned about the disproportionate number of prisoners who live with underlying health conditions that compromise their immunity and increase the severity of infection. At the same time, conditions in Ontario jails and detention centres (e.g. overcrowding, poor cleaning, poor hygiene, frequent contact with staff, sub-standard health care) mean that all prisoners are extremely vulnerable to infection because they are unable to take the same precautions that other people in Ontario are encouraged to adopt.<\/p>\n

\u00a0<\/em><\/p>\n

Prevention<\/em><\/strong><\/p>\n

As a first priority, we urge the government to take every possible step to prevent\u00a0more<\/em>\u00a0cases of COVID-19 from entering provincial jails and detention centres. In particular,\u00a0non-custodial options should be sought for everyone at risk of experiencing serious complications from the virus<\/strong>, including anyone who is over 50 years old, immunocompromised, pregnant, or sick. A provincial sentence must not be a death sentence.\u00a0Explicit instructions should also be provided to law enforcement to exercise restraint when choosing to lay charges<\/strong>\u00a0during this period so that provincial institutions are not further congested.<\/p>\n

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All prisoners who have served more than half their sentence should be released, and alternatives to custody should be considered for those incarcerated for non-violent offences, as well as for those who have been convicted of serious offences but pose no public safety risk<\/strong>. Fewer people in correctional facilities will decrease the risk of transmission for both prisoners and staff, and will allow the government to prioritize allocating resources for the health care institutions and essential service industries that need them most.<\/p>\n

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In prison,\u00a0measures to maintain a minimum physical distance between people, as per public health recommendations, must be adopted<\/strong>. This may involve staggered mealtimes, staggered recreational times, and at an absolute minimum, single-bunking. Where possible, prisoners must be housed in every other cell.\u00a0All prisoners should be provided with plain-language information about COVID-19, personal protective equipment (PPE) including masks, as well as sanitary supplies including soap, sanitizer with sufficient alcohol content, water, bleach, and cleaning supplies\u00a0<\/strong>without cost to them or further delay.\u00a0Enhanced cleaning should also be carried out by staff<\/strong>\u00a0who are properly trained, equipped, and protected.<\/p>\n

\u00a0<\/em><\/strong><\/p>\n

Treatment<\/em><\/strong><\/p>\n

For those known to have been directly exposed to the virus or who are exhibiting symptoms,\u00a0testing and protocols to prevent further transmission should be established in line with the expert guidance provided by public health officials<\/strong>. It is essential that these measures be evidence-based and not unduly restrictive of prisoners\u2019 residual liberty. In particular, the use of prolonged or indefinite lockdowns and\/or segregation must be avoided. As you know, the Court of Appeal for Ontario has held that segregation for more than 15 days violates section 12 of the\u00a0Charter<\/em>\u00a0due to its demonstrated and often permanent effects on prisoners\u2019 health. Any use of restrictive measures must be a last resort \u2014 after community placements and other measures have been implemented \u2014 and must be as minimally restrictive as possible. The psychological and emotional well-being of prisoners, who are disproportionately likely to be living with mental health conditions, should not be jeopardized while protective measures and protocol are being implemented.<\/p>\n

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Further, we urge the government to\u00a0ensure that sufficient medical staff and resources are available within institutions<\/strong>, both to care for those who may contract COVID-19 but do not require hospitalization, and to provide uninterrupted treatment for those prisoners living with HIV, hepatitis C (HCV), and\/or other underlying health conditions.<\/p>\n

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Mental health and other supports<\/em><\/strong><\/p>\n

Amid this pandemic, continued contact with family and friends is vital to prisoners\u2019 mental health and emotional well-being. With in-person visits suspended, it is especially important that prisoners have meaningful access to other means of communicating with their loved ones. At a minimum,\u00a0phone calls for prisoners should be free. The number of phones available must also be increased and access to videoconferencing facilities for prisoners\u2019 personal communications must be expanded<\/strong>. For example, Ontario Telehealth Network (\u201cOTN\u201d), a secure video-conferencing system, is one resource already available at most correctional facilities in Ontario that may be an effective alternative to using the communal telephones.<\/p>\n

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Prisoners should also be provided with access to more mental health, public health, and legal supports via external agencies<\/strong>; this entails giving all prisoners a list of available agencies and government supports and their contacts.<\/p>\n

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Release planning<\/em><\/strong><\/p>\n

Finally, proper release planning is essential and all the more pressing when public health guidance recommends physical distancing.\u00a0People should be released with PPE and sanitary supplies as well as information about and links to resources that are available during the pandemic<\/strong>. Moreover, your ministries must work with municipalities and agencies to\u00a0ensure people released from provincial custody have a place to safely isolate<\/strong>, without exposing themselves or others to the risk of infection. As housing advocates have emphasized, physical distancing is not possible in congregate shelter settings. All people without secure shelter, including those released from provincial custody, must be moved into hotels or housing. Dedicated transitional housing for people released from provincial custody should be prioritized.<\/p>\n

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Transparency<\/em><\/strong><\/p>\n

More broadly, transparency is vital to ensuring the implementation of the most effective pandemic response, and we urge your government to\u00a0make data regarding the number of people in provincial custody tested and diagnosed with COVID-19 publicly available<\/strong>\u00a0and to disaggregate this data by institution, gender, and race. It is also imperative that the public and in particular the families of those who are in detention are\u00a0informed of the current COVID-19 testing and screening procedures<\/strong>\u00a0for new admissions and those being released.<\/p>\n

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As our provincial and municipal governments implement unprecedented measures to protect the health of Ontarians and slow the spread of the pandemic, we must not forget that prisoners are part of our communities and that prison health is public health.<\/p>\n

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Thank you for your attention to this matter.<\/p>\n

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Organizations:<\/strong><\/p>\n

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ACT<\/p>\n

AIDS Committee of Ottawa<\/p>\n

Alliance For Healthier Communities<\/p>\n

Alliance for South Asian AIDS Prevention<\/p>\n

Asian Community AIDS Services (ACAS)<\/p>\n

Banyan Tree Circles<\/p>\n

Breakaway<\/p>\n

Canadian HIV\/AIDS Legal Network<\/p>\n

Canadian Students for Sensible Drug Policy, Ryerson<\/p>\n

Carceral Studies Research Collective<\/p>\n

CATIE<\/p>\n

Centre for Criminology & Sociolegal Studies, University of Toronto<\/p>\n

Church of the Holy Trinity<\/p>\n

CMHA Brant-Haldimand-Norfolk Branch<\/p>\n

CMHA Champlain East Branch<\/p>\n

CMHA Cochrane Timiskaming Branch<\/p>\n

CMHA Durham Branch<\/p>\n

CMHA Elgin-Middlesex Branch<\/p>\n

CMHA Fort Frances Branch<\/p>\n

CMHA Grey Bruce Branch<\/p>\n

CMHA Haliburton, Kawartha, Pine Ridge Branch<\/p>\n

CMHA Halton Region Branch<\/p>\n

CMHA Hamilton Branch<\/p>\n

CMHA Huron Perth Branch<\/p>\n

CMHA Kenora Branch<\/p>\n

CMHA Lambton-Kent Branch<\/p>\n

CMHA Niagara Branch<\/p>\n

CMHA Ontario Division<\/p>\n

CMHA Ottawa Branch<\/p>\n

CMHA Oxford County Branch<\/p>\n

CMHA Peel Dufferin Branch<\/p>\n

CMHA Sault Ste. Marie Branch<\/p>\n

CMHA Simcoe County Branch<\/p>\n

CMHA Sudbury\/Manitoulin Branch<\/p>\n

CMHA Thunder Bay Branch<\/p>\n

CMHA Toronto Branch<\/p>\n

CMHA Windsor-Essex County Branch<\/p>\n

CMHA York and South Simcoe Branch<\/p>\n

Committee for Accessible AIDS Treatment<\/p>\n

Criminalization and Punishment Education Project<\/p>\n

Elevate NWO<\/p>\n

Elizabeth Fry Society of Northwestern Ontario<\/p>\n

Elizabeth Fry Society Simcoe Muskoka<\/p>\n

Elizabeth Fry Society Southern Ontario Region<\/p>\n

Elizabeth Fry Toronto<\/p>\n

HIV & AIDS Legal Clinic Ontario (HALCO)<\/p>\n

HIV\/AIDS Regional Services (HARS)<\/p>\n

HIV\/AIDS Resources and Community Health<\/p>\n

Jail Accountability and Information Line<\/p>\n

John Howard Society of Ontario<\/p>\n

John Howard Society of Simcoe and Muskoka<\/p>\n

Journal of Prisoners on Prisons<\/p>\n

Legalish Foundation<\/p>\n

MOSTANALYZED<\/p>\n

Parkdale Queen West Community Health centre<\/p>\n

PASAN<\/p>\n

Peterborough AIDS Resource Network<\/p>\n

Regional Support Associates<\/p>\n

Street Health Community Nursing Foundation<\/p>\n

Toronto People With AIDS Foundation<\/p>\n

Toronto Prisoners\u2019 Rights Project<\/p>\n

WellFort Community Health Services<\/p>\n

Women and HIV\/AIDS Initiative","protected":false},"excerpt":{"rendered":"

  SIGN YOUR NAME IN SUPPORT OF PRISON HEALTH IN ONTARIO (both individuals and organizations can sign)\u00a0   Download letter   April 23, 2020   Hon. Sylvia Jones,\u00a0Solicitor General,\u00a0Ministry of the Solicitor General Hon. Christine Elliott,\u00a0Minister of Health and Deputy Premier,\u00a0Ministry of Health Hon. Doug Downey,\u00a0Attorney General of Ontario,\u00a0Ministry of the Attorney General   Dear … Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"menu_order":0,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"publication_topics":[201,155],"publication_language":[184],"class_list":["post-18570","news22","type-news22","status-publish","format-standard","hentry","publication_topics-hepatitis-c","publication_topics-prisons","publication_language-english"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.hivlegalnetwork.ca\/site\/wp-json\/wp\/v2\/news22\/18570","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.hivlegalnetwork.ca\/site\/wp-json\/wp\/v2\/news22"}],"about":[{"href":"https:\/\/www.hivlegalnetwork.ca\/site\/wp-json\/wp\/v2\/types\/news22"}],"author":[{"embeddable":true,"href":"https:\/\/www.hivlegalnetwork.ca\/site\/wp-json\/wp\/v2\/users\/1"}],"version-history":[{"count":4,"href":"https:\/\/www.hivlegalnetwork.ca\/site\/wp-json\/wp\/v2\/news22\/18570\/revisions"}],"predecessor-version":[{"id":24295,"href":"https:\/\/www.hivlegalnetwork.ca\/site\/wp-json\/wp\/v2\/news22\/18570\/revisions\/24295"}],"wp:attachment":[{"href":"https:\/\/www.hivlegalnetwork.ca\/site\/wp-json\/wp\/v2\/media?parent=18570"}],"wp:term":[{"taxonomy":"publication_topics","embeddable":true,"href":"https:\/\/www.hivlegalnetwork.ca\/site\/wp-json\/wp\/v2\/publication_topics?post=18570"},{"taxonomy":"publication_language","embeddable":true,"href":"https:\/\/www.hivlegalnetwork.ca\/site\/wp-json\/wp\/v2\/publication_language?post=18570"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}