Community News
The degrading and dehumanizing strip searches inside Ontario’s jails are disproportionately impacting Indigenous people and people of colour
BY SIMONE J. SMITH
“I have been traumatized by far too many brutal strip searches in Ontario’s provincial prisons. I vividly remember being stripped along with my entire unit in the yard even immediately after I suffered a miscarriage. I remember many times when we were taunted and mocked by guards. Overall, we were treated like animals. Strip searches in Ontario are far more frequent and brutal than in other provinces. I hope we can fix that with this case.” Vanessa, co-plaintiff
“Remove your shirt, throw it in a pile on the ground. Now remove your bra, and then your pants, now your underwear. Lift your breasts, open your mouth, turn around, bend over, spread your cheeks, squat, and cough. If you’re menstruating, remove your tampon.”
As a woman, I want you to think about how difficult it was to read these commands. Now I want you to imagine having to go through this on a regular basis. Women must perform these tasks upon command nearly every day, every week in prisons across Canada.
The idea behind strip searches is to stop the flow of drugs and weapons into prisons, according to Correctional Service Canada, but experiential research shows that strip searches are not an effective way of keeping drugs outside of prison walls. In research done in Australian prisons, a prison similarly sized to the Grand Valley Institution for Women had more than 18,000 strip searches performed on 200 women over a one year period and only one item of contraband was found.
In a Vice article titled, “Why We Must End Strip Searches In Canada’s Prisons for Women,” (May, 2019) they reported that 91% of Indigenous women and 86% of non-Indigenous women in prison have been sexually and/or physically abused prior to entering prison. Those who had been sexually assaulted before prison describe being strip searched as triggering, humiliating, degrading, and traumatizing.
Thankfully, this topic is being revisited again. The Canadian Civil Liberties Association and a woman with personal experience have launched a major constitutional challenge to Ontario’s law governing strip searches in provincial jails. The legal challenge claims that provincial law, which gives prison superintendents almost unlimited discretion to strip search prisoners, is unconstitutional.
Strip searches must be subject to appropriate legal limits to protect individuals against unnecessary trauma and abuse. Ontario’s current law grants superintendents unfettered power to strip search prisoners at any time and in any situation. Ontario is missing basic legal safeguards, and what is unfortunate is that these safeguards do exist in other provinces and federally.
The CCLA’s legal action, which was filed in the Ontario Superior Court of Justice, claims that Ontario’s law violates the Canadian Charter of Rights and Freedoms protections against unreasonable search and seizure (section 8), and infringe on individuals’ life, liberty, and security of the person (section 7).
“Ontario’s own independent review recommended that the province’s strip search law be scrapped and replaced with constitutionally valid provisions,” said Kent Elson, counsel to the CCLA. “That has not happened. Instead, Ontario has unnecessarily strip searched many thousands of people, forcing them to strip naked, bend over, squat and cough, and do other degrading things. Ontario’s law gives prison officials carte blanche to strip search whoever they want, whenever they want, for any reason. The Canadian Civil Liberties Association is asking the court to strike down Ontario’s overly broad law and require the essential safeguards to prevent abuse and unnecessary trauma.”
Alain Bartleman, CCLA’s Special Advisor on Indigenous Issues, said: “Indigenous people are on average over five times more likely than other Ontarians to end up in a provincial prison. The mass incarceration of Indigenous people is a direct result of historic and ongoing colonialism, inter-generational trauma, and discrimination. The degrading and dehumanizing strip searches that are happening inside Ontario’s jails are disproportionately impacting Indigenous people. Adam Capay, an Indigenous man who was held in solitary confinement for four years and was generally strip searched every day – as required by the Ontario government’s own policies.”
I am hard-pressed to understand how forcing women to remove their clothes and perform humiliating actions with intimate parts of their bodies is not understood as sexual assault. Forcing women to remove their clothes and perform humiliating actions should be understood as state-sanctioned sexual assault, and our political officials must take the time to care for those who the world see as undesirable.
Our Charter of Rights and Freedoms has been ignored in many cases over the last few years, but stories like these help us realize that our rights and freedoms have never been truly considered. I am really starting to wonder if Canada is the true north, strong and free. Are our leaders any better than the ones that we are told to demonize? It really makes you wonder.
BY SIMONE J. SMITH
The work of Innocence Canada, formerly known as the Association in Defence of the Wrongly Convicted (AIDWYC) has made a significant difference on the Canadian legal scene. According to the website: www.innocencecanada.com the organization was launched in February 1993 as an extension of the Justice for Guy Morin Committee, which was established in 1993 after he was wrongfully convicted. AIDWYC received widespread media attention due to the work of Rubin “Hurricane” Carter who served as its founding Executive Director for over ten years. Carter served nineteen years for a wrongful conviction in a New Jersey prison and was subsequently released.
It was in October 2016 that AIDWYC rebranded as Innocence Canada with a new logo adorn with tally marks to coincide with each exoneration. In a press release issued by Innocence Canada on Thursday, December 12th, 2024, details were announced regarding the passage of Bill C-40. It is titled, “The Miscarriage of Justice Act “and is also known as “David and Joyce Milgaard’s Law.”
The press release notes, “It makes drastic changes to the Criminal Code and creates a new tribunal or commission to address all claims of wrongful conviction. It eliminates our present Ministerial Review process that has for more than 100 years been the only resort for the wrongly convicted.”
In the press release, David’s sister, Susan Milgaard states, “My mother and my brother will be looking down on us and celebrating this new law. I am very grateful it is named after them. They did so much to get this law passed, because they were dedicated to the cause of all the innocent people in prison who had no good place to seek justice. Now they will have a place to go.”
James Lockyear of Innocence Canada states, “Today is a great day for all those wrongfully convicted. Innocence Canada has been advocating for this law for more than 30 years. It will bring Canada in line with other countries that already have a similar commission and be a change for the wrongly convicted and the Canadian criminal justice system.”
It was in 2009 that David Milgaard was wrongfully convicted of the murder in the rape and death of Gail Miller. She was a nursing student at the time. Miller spent 23 years in prison as a sentence. However, in 1992 he was freed and found innocent. Since then, Milgard has actively engaged in advocacy for those who are wrongfully convicted and has worked hard for the establishment of an independent to review cases of wrongful convictions.
The fact that David and his mother, Joyce Milgaard are both deceased and not present to celebrate this day is unfortunate. Milgaard’s sister, Susan states, “It didn’t take a village, it took a country to achieve what we have and thank God for Canada because we’ve done it.”
An independent commission will be established to review potential wrongful convictions rather than the Minister of Justice. Arif Virani, Minister of Justice and Attorney General of Canada states, “It is Important that this legislation includes money, personnel, and legal aid funding.”
Ron Dalton of Innocence Canada states, “We’re currently working on 130 cases in our office, and we only have the resources to look at homicide cases.”
A press release was issued on Wednesday, December 18th, by the Department of Justice Canada to highlight the fact that the David and Joyce Milgaard’s Law received royal assent. Innocence Canada states, “All of us at Innocence Canada are delighted by the passage of David and Joyce Melgaard’s Law, which creates a new and independent body of experts to address future claims of wrongful conviction. Justice Minister Arid Virani and his predecessor, David Lametti, deserve great credit for this ground-breaking legislation which will make for an enormous improvement to our criminal justice system.”
The press release outlines some of the purposes of the new independent commission. It notes that it will not be an alternative to the courts. In general, applicants will first need to exhaust their rights of appeal before requesting a miscarriage of justice review by the commission. Furthermore, it “will not decide whether an applicant is guilty, or innocent, and there will be a dedicated victim services coordinator position to support victims and assist with the development of procedural policies especially as it relates to victim notification and participation in a manner consistent with the Canadian Victims Bill of Rights.
Community News
The Toronto Caribbean Carnival is in desperate need of emergency and sustainable multi-year funding
BY PAUL JUNOR
The announcement of a $3.5 million “critical investment” in the Toronto Caribbean Festival by the federal government is good news for the Festival Management Committee (FMC). The announcement was made on Monday, December 16th, 2024, as part of the Fall Economic Statement by the government of Canada. A press release from the FMC referred to the anticipated funding although details such as the release date and others are still unknown.
There has been media attention hinting at the possibility that the Toronto Caribbean Festival could be canceled in 2025, because it came up $2 million short in funding. It was on October 28th, 2024, that MPP Dr. Jill Andrew rose in the Ontario Legislature and informed the Ontario government that the festival was cash strapped. She stated, “The Toronto Caribbean Carnival is in desperate need of emergency and sustainable multi-year funding.” She mentioned the economic importance of the festival to the province and the fact that it costs $2.5 million to run. She called on the provincial government to ensure that the festival is funded adequately beyond the paltry $120,000 that it allocated to it in 2024.
In addition to MPP Andrew’s request for sustainable funding, a petition was launched by the Festival Management Committee. The petition describes vital aspects of the festival and lists ways that it contributes to the: cultural, economic and social life of Toronto. Undoubtedly, the ongoing issue of funding of the Toronto Caribbean Festival is one that will not go away unless, or until the three levels of government: provincial, federal and municipal decides to elevate it to a high level rather than just pay lip service to its importance annually. It is often used as a great photo-op for politicians during the summer.
The press release from the FMC revealed that there was a lot of work that was done behind the scenes prior to the announcement. “This critical investment follows nearly two years of intense advocacy.” This $3.5 million funding will go towards addressing systemic underfunding and highlighting the carnival’s vital cultural and economic contributions to Canada.
Jennifer Hirlehey, Executive Chair of the FMC states, “This achievement reflects the dedication of our team and the collective support from our stakeholders, the Caribbean community business. Together, we have demonstrated the power of unity and a shared vision. This funding will ensure the Carnival remains a dynamic force in Canada’s cultural and economic landscape, inspiring generations to come.”
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