The segregation notice given to Mr. Martineau stated that he was being
segregated pending an investigation into the stabbing of Mr. Flamond.
On December 20, Mr. Martineau was seen by the Segregation Review Board
for his five-day review. Unit Manager Shadbolt said all she could tell
him was that he was being segregated while the investigation continued
because it was believed that his presence in the population would interfere
with it. Mr. Martineau became very angry and demanded to know on what
basis the institution believed him to be involved in the stabbing. Mr.
Flamond was a good friend of his, and at the time of the stabbing (which
took place in the unit) he was in the prison chapel at a Brotherhood meeting.
If he had been aware Mr. Flamond was going to get hurt, he would have
tried to stop it, although he said that what had happened was a "goof
trip," meaning it did not make any sense and was not the kind of event
you could anticipate or prevent. He reminded the Board that he had a private
family visit with his wife coming up on December 28 and it was very important
to him. To be in segregation at Christmas without any good reason was
an injustice, and he demanded to be released. Ms. Shadbolt said he would
not be released until the completion of the investigation, which could
take several weeks.
When I spoke with Mr. Martineau after his review, he related in more
detail what I had heard him tell the Board. Mr. Flamond was a close friend
of his, more like a younger brother he had taken under his wing. The genesis
of the stabbing, as best Mr. Martineau could understand, was drug-related
and arose from a complicated chain of indebtedness involving Mr. Flamond,
Mr. Sherratt, and another prisoner. Mr. Martineau had understood that
the problems between Mr. Flamond and Mr. Sherratt had been resolved peacefully,
so he was shocked when he heard that Mr. Flamond had been stabbed. (Mr.
Sherratt was subsequently convicted of the attempted murder of Mr. Flamond.)
Mr. Martineau’s account revealed a complex web of relationships which
only insiders to the politics of the drug trade could fully understand.
Someone only peripherally involved in those events or who heard a second-hand
account of them, could easily get important elements wrong. Many prisoners
have told me over the years that informers are the source of much inaccurate
information, since they have their own agendas and therefore deliberately
make up stories. While this may well be the case, the intricacies of the
account Robert Martineau gave me suggested that anyone not directly involved
would likely give an inaccurate account of these events, even with no
deliberate intent to distort or fabricate.
Following our interview, Mr. Martineau contacted Prisoners’ Legal Services
and sought their assistance in securing his release from segregation.
When Beth Parkinson phoned the institution on his behalf, she was informed
that because Mr. Martineau was believed to be heavily involved in the
underground drug economy, it was deemed necessary to segregate him to
avoid his interference with the investigation. When Mr. Martineau learned
about this, his anger only increased.
I was really choked. I had been working hard on getting
the Native Substance Abuse program off the ground and not only participating
in it myself but in baby-sitting the whole program and making sure that
the other guys attended and maintained their commitment to it. I had been
working to get the supplies for the gingerbread houses for the kids and
we’d worked all week on that. And for all that work all I got was the
same paranoia and suspicion about my involvement in the drug trade and
the IPSOs’ belief that if anything negative happened I must be behind
it. (Interview with Robert Martineau, January 6, 1995, Kent Institution)
After my interview with Mr. Martineau on December 20, I met with Unit
Manager Shadbolt and inquired about the ongoing investigation into the
stabbing. She advised me she had received information that Mr. Martineau
had persuaded Mr. Flamond to hand over the knives he used in his wood
carving; one of these knives was given to another prisoner, who in turn
gave it to Mr. Sherratt, and this was the knife with which Mr. Sherratt
had stabbed Mr. Flamond. The inference was that Mr. Martineau had orchestrated
the attack on Mr. Flamond, and she observed that Mr. Martineau "was conspicuously
absent" at the time the attack took place.
Mr. Martineau remained in segregation until January 3, 1995. In an interview
three days later, he described what had happened subsequent to his five-day
review on December 20. He had received no further information from the
institution regarding the state of the investigation, nor was he given
any information in writing or orally regarding the basis for the institution’s
belief that he was involved. On December 29, Mr. Martineau was out of
his cell getting a cup of coffee when he saw Deputy Warden Sexsmith and
asked to speak with him. Mr. Sexsmith explained that the stabbing investigation
had originally been assigned to a unit manager at Matsqui. However, that
unit manager had been attacked with a baseball bat by a prisoner and so
the preliminary investigation had been reassigned to Mr. Sexsmith himself.
According to Mr. Martineau, Mr. Sexsmith told him:
There’s three inmates in the PC population that we
consider are the drug traffickers and suppliers and one of them is you.
We felt that this was a drug-related incident and therefore that the drug
traffickers would be involved. The information that you were segregated
on was information received that you were directly involved in that you
gave a knife to another prisoner, that prisoner supplied the knife to
Sherratt who did the stabbing, and you ensured that you were not in the
area by establishing yourself visibly in another part of the institution.
That was the information I received and I’ve now completed my investigation
and it has not corroborated that you were involved in any conspiracy to
stab Flamond and therefore you and Mr. Brown will be released from segregation
on January 3. (Interview with Robert Martineau, Kent Institution, January
Mr. Martineau questioned why, if there was no justification for his
segregation, he could not be released immediately. Mr. Sexsmith replied
that unit managers normally made the recommendations for release, and
Mr. Cawsey, the unit manager for the PC separation side, would not be
back in the institution until January 3. Mr. Martineau raised the issue
of having lost his single cell and not wanting to double-bunk on his return
to the population, and mentioned the effect his segregation had had on
his scheduled three-day family visit, the first two days of which had
already passed. Mr. Sexsmith said that he would make sure Mr. Martineau
got a single cell and would do his best to make arrangements to have the
third day of his visit with his wife.
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