Many of the prisoners profiled in this book have experienced not only
the formal disciplinary process and lengthy administrative segregation
but also the impact of involuntary transfer from medium to maximum security
or from maximum security to the Special Handling Unit. Involuntary transfers,
the subject of Sector 5, are the site of intersecting and competing interests
-- those of the warden to maintain a safe and peaceful prison, and those
of prisoners not to be subject to greater pains of imprisonment without
a fair hearing. These involuntary transfers have consistently also been
the source of more complaints filed with the Canada's Correctional Investigator
than any other area of prison justice.
A set of powerful images and metaphors has grown up around the involuntary
transfer. What wardens refer to as "Greyhound Therapy" is often used as
an administrative alternative in cases where the evidence against a prisoner
is not at hand to secure a disciplinary conviction. Prisoners who are
the objects of involuntary transfer have been characterized as "barbarian
princes." Critics have questioned the practice of basing this Greyhound
Therapy on secret information provided by "faceless informers." The first
part of Sector 5 charts the existing boundaries of justice surrounding
involuntary transfers and suggests some fairer landmarks. In Chapter 2
I focus on one specific form of transfer that carries the harshest of
consequences for a Canadian prisoner -- the transfer to the Special Handling
Unit. While tracing an historical heritage to the nineteenth-century Prison
of Isolation in Kingston, these institutions, opened in 1977, have left
their own distinctive imprint on the prisoners who are unfortunate enough
to be sent to them. Using a split screen -- the one reflecting the official
Correctional Service’s paper trail, and the other the voices of prisoners
themselves -- I review the record of change and transformation in these
the most repressive of Canadian prisons.
One of the most important developments in the operation of modern prisons
has been the liberalization of the regime governing visits between prisoners
and their family and friends. The federal regime in Canada, in contrast
to its predecessors, gives prisoners the right to have visits. Unless
security or safety considerations dictate otherwise those visits allow
for personal contact without physical barriers. Prisoners are also able
to participate in private family visits for up to three days in houses
or trailers specially designated for that purpose. In addition, in most
institutions on a regular basis there are socials, powwows and other functions
in which members of the community can come into the prison, either in
the gymnasium or one of the outside recreation areas, to share a meal,
some music and companionship. None of this is a substitute for family
life but it is a far cry from the old regimes. From the perspective of
a correctional administrator, this liberalization and the recognition
of the principle that maintaining contacts with the community is an essential
element of a prisoner’s eventual reintegration, carries with it a dark
underside; every step in opening up the inside to the outside results
in potential holes in the security regime through which flows a seemingly
unending supply of drugs. Hidden with the folds of clothing and underwear,
"suit-cased" in condoms inserted into body orifices, the couriering business
flourishes within federal penitentiaries without the benefit of Fed-Ex
or the Canadian Post Office.
During the period of my research the Correctional Service of Canada
joined in the War on Drugs and implemented "administrative" sanctions
to buttress the deterrent effect of the disciplinary code that prohibits
the use or possession of drugs. Part of the artillery in the war is the
introduction of IONSCAN machines installed at the entrance of institutions
that are able to detect traces of different drugs on articles of clothing,
money, credit cards or keys. Chapter 3 of Sector 5 looks at the way internal
Visits Review Boards make decisions authorizing or restricting visits
based on safety or security concerns, and whether these decisions are
consistent with the governing legislation or reflect a pattern of pre-1992
customary law in which visits were seen as privileges rather than legal
entitlements. The chapter also questions whether in the War Against Drugs,
armed with the new drug detection technology, one of the casualties is
fairness.
To combat the flow of drugs and other contraband and to ensure security
and safety within the prison, correctional administrators maintain that
it is necessary that they be given broad powers to search prisoners and
their cells. Prisoners maintain with equal vigour that daily and routine
searching undermines their dignity and privacy -- two of the most precious
and scarce human resources in a prison. A home may be someone’s castle
and there are a few prisons left in Canada that have the castellated architecture
of bastilles, but for a prisoner the keys to that castle and every space
within it are in somebody else’s hands. With their lives so circumscribed
prisoners argue that the law must recognise the importance of privacy
and dignity in what little room is left to them. In Chapter 4 of Sector
5, building on the Supreme Court of Canada jurisprudence on the Charter
right to be free from unreasonable search and seizure, and tracking this
right through to the Corrections and Conditional
Release Act, I go on to examine how law was translated into operational
reality at Kent when prison officials received information that there
is a gun and ammunition in the possession of prisoners.
One difficulty in writing about the Canadian prison experience is finding
the appropriate language. Great novels like Aleksandr Solzhenitsyn’s
The Gulag Archipelago and Oriana Fallaci’s
A Man have deepened our understanding of
the terror and privation of totalitarian prison systems. Books written
by political prisoners themselves, such as Jacobo Timerman’s Prisoner
without a Name, Cell without a Number and Pramoedya Ananta Tour’s
The Mute’s Soliloquy, have given expression
to the horrifying nature of imprisonment without trial and the fate of
the disappeared in the dictatorships of Argentina and Indonesia. Canadians
reading these accounts can only stand in awe of the men and women who
have survived these experiences with their spirit -- if not their bodies
-- unbroken. In the face of these appalling abuses of human rights, how
does a Canadian prisoner without the lodestar of political or intellectual
conviction explain what the experience of imprisonment means to the "common
criminal"? Over the years, I have met a number of prisoners with the verbal
ability to take us beyond the physical plane of imprisonment into an interior
space from which their experiences of justice and injustice are articulated.
The words of some of these prisoners are woven into the book, and the
last part of Sector 5 tracks the life and times of one such prisoner,
Gary Weaver. Page 2 of 3
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