The Worst of Times -- Christmas in Segregation
Almost twenty years after Robert Martineau was placed in segregation
at Matsqui Institution -- under circumstances that resulted in the landmark
judgement of the Supreme Court of Canada, in Martineau
(No. 2), that the duty to act fairly applied to prison administrators
-- Mr. Martineau was placed in segregation at Kent Institution. Although
no Martineau (No. 3) resulted from this
placement, the case illustrates many of the systemic problems which still
pervade the use of segregation.
In 1994, Robert Martineau was elected President of the Native Brotherhood
of the PC population at Kent. Mr. Martineau is a vigorous long-time advocate
not only of prisonersí rights but of the rights of Aboriginal prisoners
to practise their spirituality. Although this right is recognized in the
CCRA, there continues to be at Kent, as
in many other institutions, an ongoing struggle to translate it into a
culture of respect for Aboriginal spirituality. In the fall and early
winter of 1994, a series of incidents highlighted the tension between
Aboriginal perspectives on the Red Road and institutional demands for
control of institutional programs. The issue came to a head at a meeting
on November 25, 1994, when members of the Brotherhood attended
a meeting with Theresa Nahanee, at that time Director of the Aboriginal
Offenders Program at National Headquarters. Also at the meeting were members
of the National and Regional Aboriginal Advisory Committees of the CSC,
together with a number of Aboriginal people involved in the managing of
halfway houses and drug and alcohol counselling programs. The meeting
was held as a forum for Aboriginal prisoners to identify the problems
they faced in the prison system and in their efforts at reintegration
upon release. In his presentation, Robert Martineau was highly critical
of the manner in which the CCRA had been
implemented at Kent. Although there was a regional budget for Aboriginal
programming, a portion of which was allocated to Kent Institution, the
Brotherhood had experienced great difficulty in accessing those monies.
Mr. Martineau compared the process of getting approval for a project to
that which prevailed under the old Indian Agent System, in which to get
anything done on a reserve the Chief and council had to obtain a permit
from the Indian Agent.
Mr. Martineau gave two recent examples of this "Indian Agent" mentality.
The Brotherhood had drawn up two proposals to be funded out of the budget
allocated for Aboriginal programs. One involved making gingerbread houses
in the shape of West Coast longhouses to be given away as Christmas gifts
to needy children through Indian Friendship Centres; the other involved
bringing in an Elder to teach drumming and singing. Both proposals had
initially been rejected by the unit manager on the grounds that they did
not have a sufficiently distinctive Aboriginal focus. In response, the
institutional Elder had explained that "give-aways" were an important
part of Aboriginal cultural traditions, and that this particular give-away
would allow the Brothers to reach out to children, the most vulnerable
members of their communities. As for the singing and drumming, she explained
that they were part of helping the Brothers to re-establish their spiritual
and cultural connection to the Red Road, through a shared experience which
wove together songs and dances of many different Aboriginal nations. However,
even with these explanations, there had developed an impasse in accessing
the money to bring the gingerbread house ingredients into Kent.
Mr. Martineau also itemized other problems, such as lengthy delays in
providing honorariums and travel expenses for Elders coming into the institution
and the Brotherhood executiveís lack of access to segregated Aboriginal
prisoners. In his usual way, he was outspoken in his comments, and there
was little doubt that the Kent representatives were discomfited by being
so openly criticized in front of regional and national Aboriginal representatives,
particularly since Ms. Nahanee confirmed that she had heard many of these
criticisms from other Brotherhoods across the country and that they demonstrated
systemic problems in the implementation of the CCRA.
By the end of the meeting, Mr. Martineauís criticisms of Kent had been
given not only a larger circulation but a new degree of legitimacy.
In the weeks following this meeting, Mr. Martineau, together with the
institutional Elder and the liaison worker, struggled to bring the gingerbread
project to realization in time for Christmas; it was only after a direct
appeal to the deputy warden and the warden that the impasse was broken
and the Brothers could begin working on their give-away.
On December 9, 1994, Lorne Flamond, an Aboriginal prisoner at Kent,
was knifed and taken to hospital. The PC population was locked down and
remained in that status until December 13, while the RCMP were called
in and, together with the IPSOs, conducted an investigation into what
was believed to be a conspiracy to murder Mr. Flamond. Mr. Sherratt, the
prisoner believed to be the assailant, and two other prisoners were placed
in segregation; on December 15, Paul Brown, a close associate of Mr. Martineau
and a member of the Brotherhood, was also placed in segregation. When
Mr. Martineau questioned the PC unit manager about the reasons for Mr.
Brownís segregation, he was told, "Weíre conducting an investigation and
it takes many turns; as we make these turns, weíre grabbing people." Mr.
Martineau challenged the legitimacy of the segregation in light of the
fact that Mr. Brown, like Mr. Martineau, was a close friend of Mr. Flamond
and would be the last one to be involved in a conspiracy to harm him.
The Christmas social for the PC population was scheduled for Saturday,
December 17. Mr. Martineauís wife was driving the 800 miles from Prince
George to participate and intended to stay on for a three-day private
family visit with her husband arranged for December 28, 29, and 30. From
the time the lock-down ended on December 13, the Brothers worked long
hours to complete the gingerbread houses, and by Saturday morning the
work was finished. But at around 11:00 a.m., Robert Martineauís expectation
that he would be spending the rest of the day with his family and friends
at the social was dashed. As he described:
My door opened and Correctional Supervisor Greer
was there with seven other staff members and they told me, "We have orders
to take you to segregation for the investigation of the stabbing of Flamond."
They got this spray with them and the camera and they looked like they
were expecting a problem, so I thought it was a little insignificant to
raise the issue of my guilt or innocence with them. It was going to happen
one way or the other so I went along with them. I went down to segregation.
I was demanding from the time they came to my cell until they locked me
up, "What am I doing down here?" They were just saying an investigation.
I immediately got hold of the keeper and told him to ask Mr. Cawsey if
I could at least see my wife for half an hour on a screened visit to let
her know why Iím in segregation. She drove all this way and itís Christmastime.
At least let her know why she canít come in and why Iím in segregation.
I wasnít allowed any visit. (Interview with Robert Martineau, January
6, 1995, Kent Institution)
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