Pubdate: Sun, 05 Jul 2015
Source: Toronto Star (CN ON)
Copyright: 2015 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Alex Boutilier
Page: A1

OTTAWA TIGHTENS PRISON VISIT RULES IN DRUG CRACKDOWN

Guards' justification for intrusive searches can be 'subjective' under
new rules, critics say

OTTAWA- Authorities are moving to further tighten the rules on anyone
visiting federal prisons to crack down on contraband despite fears the
new system can be applied "subjectively."

A notice quietly posted to a federal government website the afternoon
before Canada Day said that despite concerns from inmates' advocates
and visitors, Correctional Services Canada will move forward with the
new regime.

Under the new rules, prison officials will have a lower threshold to
meet before they order searches of prisoners, contract workers and
visitors - basically anyone entering a federal penitentiary.

Currently officials need "reasonable grounds to believe" that someone
is trafficking drugs or other contraband in the system before an
intrusive search, such as a strip search. With the changes, officials
must only suspect that someone is bringing in illicit materials.

"In practical terms, the concept of suspicion is based on possibility
rather than probability," the regulatory notice, part of a raft of
rule changes released on June 30, reads. "To meet the test of
reasonable grounds to suspect, there must be some indication that an
individual possibly possesses contraband or of some illicit activity."

The new measures would also allow prison officials to designate
"secure zones" within penitentiaries with increased security
protocols, and permit the prohibition or suspension of an inmate's
visitation privileges if there is a suspicion that criminal activity
may take place. The Conservative government heard from a number of
groups concerned about the new rules, including contractors and
volunteers who work in prisons, prisoners' legal groups and the St.
Leonard Society, a non-profit group.

The legal groups and St. Leonard Society worried the rules could be
subjectively applied and focus too heavily on interdiction rather than
assisting inmates suffering from substance abuse issues.

"They expressed that 'reasonable grounds to suspect' is too subjective
and will not provide CSC staff with clear, factual and objective
guidance to make fair and safe decisions," the department noted. "They
also expressed that the amendments focus exclusively on enforcement by
providing the CSC with greater authority to search and restrict visits
and not enough on harm reduction strategies to assist inmates with
substance abuse problems."

Those concerns were echoed by NDP public safety critic Randall
Garrison, who said the government is throwing money at trying to
address the symptoms - the use of drugs in prisons - rather than on
rehabilitation.

Despite those concerns, Correctional Services Canada is moving ahead
with its plans.

The Star requested an interview with Public Safety Minister Steven
Blaney for this article. A detailed list of proposed topics and
questions was supplied to the minister's office Friday. That interview
request was declined.

In a prepared statement, Blaney spokesman Jeremy Laurin wrote that
drug use in prisons is a serious concern for the Conservative government.

"These recent measures introduced by Correctional Services Canada
complements our government's Drug Free Prisons legislation, which was
just recently brought into force," Laurin wrote.

"Our government will continue to work with our prisons to ensure they
are safe and drug-free."
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MAP posted-by: Matt