The escape allegation was dealt with in his lawyer’s response to the
involuntary transfer notice. Mr. Oag had been informed by a staff member
at Mountain Institution that the authorities were going to transfer him
again, and it was this knowledge that precipitated his giving away one
of his pet lizards, although he kept the other. As for the allegation
that he had packed away his cell effects, Mr. Oag had this explanation:
The state of my cell on April 23, 1994, was that
I had a number of articles in padlocked boxes under my bed. The boxes
and the padlocks were provided by staff to keep some personal effects
clean during maintenance of my cell. The maintenance of my cell was that
a shelf for a television was being added which would require some drilling
into the concrete, causing dust. The statement . . . that my cell effects
were packed up in preparation of an escape attempt is false. At the time
of the transfer, my cell had a television; a radio; a fan; track clothes;
a hot water bottle; soap; a lamp; and shampoo. I had seen a picture taken
of my cell by staff at Mountain after my visit to [Correctional Supervisor]
Ellis’ office. I noticed at the time that the picture of my cell was only
that portion which had been stored due to the maintenance." (Affidavit
of Donald Oag, May 17, 1995)
Mr. Oag’s lawyer further submitted that the allegation of Mr. Oag’s
being been involved in an escape attempt at Kent was perverse, given that
he had provided information to the authorities which thwarted any such
plans.
With respect to the allegations that Mr. Oag appeared to be under the
influence of an unknown substance, his response was that when summoned
to the office of Correctional Supervisor Ellis and told he was being sent
back to Kent, he was also informed that he was suspected of being under
the influence of drugs because he had tripped over the doorstep in entering
her office. Ms. Ellis demanded that he submit to urinalysis and be seen
by health care. Mr. Oag said he was not prepared to submit to urinalysis
but would see the nurse. In his response, he admitted to tripping over
the doorsill but pointed out that, due to his back problems, he had difficulty
in picking up his feet. As a result, when he walked, he tended to shuffle,
a fact well known to the staff at Mountain Institution.
Back at Kent Institution, in another strip cell without personal possessions,
canteen or tobacco, Mr. Oag once more faced the despair of being treated
as a non-person. To compound his agony, he found himself in a cell next
to one of the men he had implicated in the escape plot years before. Death
threats were made against him and the other prisoners kept up a constant
verbal bombardment, urging Mr. Oag to kill himself. To encourage him,
the food server threw razor blades through the food slot of the door of
his cell. On September 12, 1994, Mr. Oag slashed the veins in his arms
using one of these. He was taken to the prison hospital and then transported
to Chilliwack Hospital via ambulance. He was returned to Kent the next
day and placed in the cell from which he had been carried the day before.
The blood had not yet been cleaned up, the razor blade was still imbedded
in the floor, and Mr. Oag was placed on a suicide watch, with the light
on twenty-four hours a day.
Mr. Oag remained locked in segregation for the rest of 1994 and the
whole of 1995. He was still there on June 3, 1996, when I attended the
thirty-day review of the Segregation Review Board. Over the course of
his long segregation at Kent, his security classification had been reduced
to "medium," and his case management team had recommended his transfer
to either William Head or Mountain Institution. The wardens at both institutions
had refused the transfer, and therefore Mr. Oag remained in maximum-security
segregation. The harassment by other prisoners never abated, and he lived
in continual fear for his life. The only relief from twenty-four-hour
lock-up was his weekly visit with his friend, supplemented by the private
family visits finally approved after his return to Kent. In recent months
he had also been given the job of cleaning up the yard, which he did in
the evening after all other prisoners had taken their exercise.
The institution’s psychologist told the Board that Mr. Oag’s case was
being reviewed by the Regional Health Centre with a view to his going
there for an individualized program, the purpose of which would be "to
detoxify him from segregation." Mr. Oag was only eight months away from
his statutory release date, and the idea behind this plan was that once
"detoxification" had been effected, he might be transferred to a medium
or minimum-securityinstitution for the last few months before his release
to the street. The psychologist emphasized, however, that the RHC had
not yet agreed to the plan. Mr. Oag told the Board he was not going to
get his hopes up, because he had previously been recommended for lower
security by Kent staff only to be refused by the other institutions. He
was trying to focus his attention on his relationship and his life after
prison; he said he had put in an application to the warden for permission
to marry his friend in a ceremony in the chapel at Kent and was hoping
that this could take place within the next few months. (The marriage took
place quietly in August 1996.)
When I interviewed Mr. Oag later in June 1996, he reviewed the events
of the previous two years without acrimony or indignation, though he had
just cause for both. The prisoners against whom he had given his information
were now either in general population at Kent or on the street, yet he
remained entombed in solitary confinement. He had not asked for or expected
any reward for bearing witness against his fellow prisoners, but neither
did he deserve to spend four years in solitary confinement because he
had taken a stand to protect apotential victim. If he had himself participated
in the escape plan, he said, he would have been treated better than he
was after trying to prevent it. He and his future wife had reconciled
themselves to the likelihood that he would spend the last eight months
of his sentence in segregation at Kent. He had always survived segregation
by letting the world outside become obscured by the fog of imprisonment.
Now he was trying to reimagine the world outside with a woman he loved,
letting that same fog obscure the horrors of solitary confinement. Page 3 of 6
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