Lockdowns

A lockdown refers to a period of time when inmates who are housed in general population remand living units and who would have typically have access to the day room and inmate programming, instead remain locked in their cells. 

Despite the fact that a “lockdown”  is not the norm within the institution and it should not be viewed as such” (R. v. Bedward, 2016 ONSC 939, at para 22.), the Central East Correctional Centre in Lindsay, Ontario reported a staggering 199 lockdowns in one year.

Toronto Star Report, Tuesday July 14, 2015.

Consequences of a Lockdown?

When an inmate is subject to total lockdown, they are, typically, confined with another inmate to their cell – a standard cell is a 15 foot by 7 ½ foot by 9 foot (in height) concrete box containing two bunk style beds. Though the conditions prisoners experience during a lockdown may vary depending on the particular correctional facility, or on the reason for the lockdown, the following are some of the usual features of a lockdown:

·         Confinement to the cell, sometimes for up to 24-hours a day;

·         Visits by family, friends are halted;

·         Visits and/or communication with counsel is halted or delayed;

·         Telephone access is cut off (or offered very infrequently);

·         Exercise, fresh air / yard privileges are suspended (or drastically reduced to, for instance, 20 minutes a day);

·         Prisoners are deprived of amenities such as books, fresh laundry;

·         There is an increased number of fights between inmates as conditions worsen within the institution;

·          Showers are not allowed, or allowed infrequently (such as once every three days);

·         All rehabilitative and educational programs are cancelled.  Even when the lockdowns are lifted, the effects continue.  The rehabilitative value of programs, even when available, is diminished as a result of the constant interruption to programming. 

(Prisons offer various forms of programming/support such as chaplaincy, social workers, psychology, addiction counselling, peer mentoring, tutoring, continuing education, anger management, addiction awareness, John Howard Society, teachers, library, Alcoholics Anonymous, Narcotics Anonymous, native programing, and income tax support).

·         Overflowing toilets are left unrepaired.

What the Courts have said Generally about Lockdowns

“Lockdowns are an inherent part of institutional life.  They are necessary to conduct both routine mandated searches of the institution for weapons to ensure the safety of inmates and staff, as well as unscheduled searches when intelligence within the complex raises the possibility of the presence of a weapon. 

Lockdowns may also be justified when maintenance repairs have to be made or when staff are reassigned to deal with an unexpected urgent situation, such as a medical emergency of an inmate, making the number of staff available too few to safety deal with inmates in open ranges.  What is not or should not be part of institutional life is repeated lockdowns due to staffing levels.”

R. v. Williams, 2016 ONCJ 96

Lockdowns due to staff absences:  these types of lockdowns  can be caused by pre-authorized absences provided for by the collective agreement; entitlements to unscheduled absences provided for by the collective agreement (i.e. bereavement leave, care of sick child etc.); numbers of inmates requiring community escorts to hospitals; mandatory training either within or outside of the institution; redeployment of staff to other areas within the institution to deal with emergencies or searches; and insufficient staff available to cover absences. 

Lockdowns occurring as a result of staff shortages constitute an institutional failure on the part of the State.

R. v. Harquail, 2016 ONSC 4237, at para 8.

 A lockdown is not the norm within the institution and it should not be viewed as such. When a lockdown occurs, the inmate is cut off from contact with the outside world, including family, friends and counsel.

R. v. Bedward, 2016 ONSC 939, at para 22.

Sporadic lockdowns are a reality of remand facilities, but in the words of Justice Hill, “What does become a concern is systemic causation and acceptance of such phenomenon.” 

R. v. Tulloch, 2014 ONSC 6120 (CanLII). 

“The lockdowns represent a modern form of the harsh Dickensian conditions that motivated the Victorian movement towards prison reform.  The lockdowns are a regressive form of punishment that represents the opposite of an enlightened penal regime.”

R. v. Nsiah, 2017 ONSC 769, at para 19.

 Lockdowns and segregation

Lockdowns do not apply to segregation as an inmate housed in segregation is subject to a different type of program from those within the general population. An inmate housed in segregation is considered in lockdown at all times.

Protective Custody and Enhanced credit

See R. v. Selinevich, 2017 ONCJ  42.

Partial v. Full lockdowns

The terms “full lockdown” and “partial lockdown” are not always used consistently by prison officials.

A “full lockdown” may refer to locking down all living units (or wings in the unit) for all or part of a day, or it may refer to locking down some living units for all of the day.

And the term “partial lockdown” may refer to lockdowns that do not extend to all living units, or it may refer to a lockdown of all units, but which does not last the entire day.

See R. v. Andre Callaghan, 2017 ONSC 1853 for an example of the potential problems that the inconsistent use of the terms  may cause for the defence.