Adrian Wright is a lawyer, arbitrator and mediator based in Salt Spring Island, B.C..
I acted as lawyer to Effie Snowshoe, Eddie Snowshoe's mother, at the inquiry by Alberta Justice James Wheatley into Eddie's death at Edmonton Institution ("Edmonton") in August, 2010. I wish to comment on Commissioner of Corrections Don Head 's recent letter describing Correctional Service of Canada's (CSC) actions in response to Judge Wheatley's recommendations.
Judge Wheatley did the second review of the Snowshoe case – the first was the Dec. 7, 2010, CSC Investigations Branch (CSCIB) report commissioned by Mr. Head. Unlike the Wheatley report, which focused on events in Alberta, the CSCIB report looked at all aspects of Eddy's imprisonment, including those at Stoney Mountain Penitentiary in Manitoba before Eddie's transfer to Edmonton in July, 2010.
There are four issues in particular that deserve closer examination:
Security classification – Justice Wheatley recommended security classifications be reviewed – he concluded Eddie's brandishing a juice-box knife on March 1, 2010, caused his transfer to Edmonton and 134 day segregation. In addition to that incident, Mr. Head responded, Eddie's "continued aggressive behaviour while segregated" and transfer to Edmonton Institution caused the extended segregation. In fact, the juice-box incident precipitated Eddie's reclassification from medium to maximum security – only maximum security offenders can be in segregation. CSCIB concluded Eddie's comments to his parole officer – getting an adrenaline rush when he thought about intimidating others, feeling unpredictable when dealing with other inmates and potentially being aggressive if put in general population – also contributed to his re-classification. These must be the "aggressive behaviour" mentioned by Mr. Head; there were no aggressive acts. Even so, CSCIB found Eddie's security reclassification score was in the medium-security range but was overridden to maximum security. CSCIB questioned why no one asked why an inmate who was minimum security in 2008 and classified as medium four months before the juice-box incident deteriorated so quickly.
Mr. Head's response suggests CSC would make the same decision again even though both Justice Wheatley and CSCIB found it inappropriate. If Eddie had not been re-classified he would not have been transferred to Edmonton and would not have been in segregation.
Transfer – CSCIB and Justice Wheatley both noted the absence of communication between Stony Mountain and Edmonton before and after the transfer. Even so, Eddy's three suicide attempts and self-harm incident were flagged on the Offender Management System (OMS) available to everyone working with Eddy in Edmonton. The nurse who saw Eddie on admission to Edmonton did note the suicide and self-harm incidents and sent a report to psychology for follow-up – there was none. The parole officers and psychologist participating in the review of Eddie's segregation appear not to have reviewed OMS before carrying out their duties.
Mr. Head says CSC now requires reports be sent from the sending to receiving institution regarding mental health needs of transferred inmates. This is a good start but does not go far enough. The assistant warden in Edmonton testified parole officers should contact counterparts in sending institutions about transferred inmates. A parole officer thought this would be good practice. According to Mr. Head, CSC policy requires this only "when possible." Instead it should be mandatory. Parole officers and psychologists should also be required to certify their review of OMS as part of reporting.
Contacts in Edmonton – Eddie saw only the nurse and, for one minute through the segregation cell food slot, the psychologist doing a report before his segregation review. In his 29 days at the Edmonton facility, Eddie saw no parole officers – the "quarterbacks" or managers of his case. Eddie's parole officer left on vacation about one week after the transfer. Mr. Head says corrections managers are now required to ensure case management continues during periods of parole-officer leave. This is positive. CSC could also not assign new inmates to a parole officer about to depart on leave.
Cultural issues – Eddie was a 24-year-old Dene man who, before his sentence, lived with his family in a small community in the Mackenzie Delta. He had not previously been imprisoned. He clearly had both a difficult time in the penitentiary and significant mental health issues. He had been in segregation for a prolonged period. It is not surprising he did not (as counsel for Edmonton argued before Justice Wheatley he should have) "avail himself of some of the interventions … offered". Contrary to what Mr. Head says, there is no evidence "the unique circumstances of aboriginal offenders [were] considered in all decision making processes" in this case. Eddie had no one in Stony Mountain or Edmonton looking out for him. Edmonton Justice Wheatley recognized this need in recommending a compulsory system of access by elders be established especially where there are mental health or cultural concerns. This is sensible and needed and should be observed by CSC.
CSC has learned some lessons from Eddie's death – but it should not stop. There is still much it can do to prevent events such as Eddie's suicide while in segregation from happening again.