In a context of declining
police-reported ‘crime’ rates and a fiscal crisis, where we will likely see
tax hikes, cuts to social services or both to balance the books, billions of
dollars worth of new penal infrastructure is being established across the
country.
In Canada’s provinces
and territories, whose governments are responsible for the incarceration of
individuals awaiting trial and sentencing, and the administration of sentences
of two-years-minus-a-day, 23 new prisons and 16 additions to existing
facilities are at various stages of planning and completion.
The construction cost
for these initiatives is $3 billion and counting, with formal announcements and
funding for a few projects still to come. Over 7,000 new prisoner beds will be
established should all of these new facilities come online, accompanied by
hundreds of millions of dollars every year in operational
and management costs.
Here in Ontario, new
remand centres are being established in Toronto and Windsor. The 1,650-bed
Toronto South Detention Centre, which is intended to replace the 550-bed
Toronto Jail, will cost Ontario taxpayers $1.1 billion over 30 years. This
means for those of us in our late twenties, we will still be paying for the
construction of this facility well into our fifties and its operation likely
until the day we die.
The costs for the
315-bed South West Detention Centre, which is intended to replace the 140-bed
Windsor Jail, have yet to be released. It should be noted that an
Infrastructure Ontario web page notes that Forum Social Infrastructure has been
selected to undertake this project and a formal announcement is forthcoming.
A primary rationale
for building these facilities is that most provincial-territorial remand
centres and prisons are well-over capacity, with high-levels of double-bunking
and sometimes even triple-bunking in violation of international
human rights standards.
In many of the
documents I have obtained, it is also claimed that the prison population is no
longer a homogeneous population---as if it ever was---and that new penal
infrastructure is needed to spatially segregate the “changing prisoner profile”
said to be composed of more gang-affiliated prisoners, persons with mental
health and substance abuse issues, as well as an increasing number of
criminalized women and colonized aboriginal peoples who are vastly
overrepresented in our penal institutions.
Authorities also claim
that these new facilities are needed because aging penal infrastructure is not
conducive to the provision of institutional security and the delivery of
programming. It needs to be noted, that most of these facilities were not
planned with federal sentencing legislation in mind, which means that the
thousands of new prisoner beds that are coming online at the
provincial-territorial level will likely not be enough to absorb the influx of
new prisoners should legislation such as S-10 receive support from federal
parliamentarians.
As part of the
implementation of the so-called Truth in Sentencing Act (2009), the
Correctional Service of Canada (CSC) and the federal government have announced
the equivalent of 34 new units to be built on the grounds of existing
penitentiaries across the country. These
new units will add 2,552 prisoner beds at a price tag of $601 million
dollars for construction.
Just as was the case
in the closure of our prison farms, the minority Conservative Government of
Canada is establishing the equivalent of a new federal penitentiary in Kingston
without consulting the community.
With six new units at
local institutions including Bath, Collins Bay, Millhaven, Frontenac and
Pittsburgh that will add 484 prisoner beds, you must ask yourselves whether this
government takes its responsibility of representation that comes with taxation
very seriously. Still to come are the costs of hundreds of new cells that are
to be outfitted with double-bunks in violation of, the now suspended, CSC
Commissioner’s Directive 550 which specifies that single-accommodation is
the most correctional-appropriate approach to housing federal prisoners.
According to
government estimates, the ‘Truth in Sentencing’ project will cost the federal
treasury a total of $2 billion over five years. This is the cost for just one
Conservative punishment bill that was supported by all the opposition parties
when it came time for parliamentarians to stand in their place. This also does
not include the costs of the legislation for the provinces and the territories
that have, thus far, been rebuffed in their efforts to obtain funds from the
feds to weather the impending incarceration storm that, in this case, they
themselves called for.
It should be noted
that the projections outlined by the federal government are far lower than
those projected by the independent Parliamentary Budget Officer. Without
cooperation from CSC and without access to their projections, Kevin Page’s
office has pegged the cost to the federal treasury at $5 billion over 5 years,
and the costs to the provinces and territories at $5-8 billion during this
period.
The secrecy with which
this public policy file has been treated did not stop with the implementation
of the so-called Truth in Sentencing Act. Until last week, the Harper
government refused to disclose the costs of their justice---or ‘just us’ who
can know---measures.
A Question of
Privilege tabled by Liberal Finance Critic Scott Brison finally provided
members of the opposition with an Excel sheet listing the government’s ‘just
us’ bills and the total federal cost for these measures. The Question sought
these and other budget projections that the government had deemed matters of
“Cabinet confidence”---a motion which could of very well result in a finding of
contempt of Parliament.
The government claims
that Canadians are willing to pay the costs, yet is resistant to release this
information so that we can decide for ourselves. The Excel sheet contained no
detailed calculations as to how government officials arrived at their cost
estimate, which is approximately $650 million. The document may as well have
been written on a napkin for all the information it included.
Also significant is
the fact that bills like C-16---which aim to greatly restrict the use of
cheaper and more effective community-based sentences, and bills like S-10, that
specify mandatory minimum sentences---will have a significant impact on the
number of prisoners in our provincial-territorial institutions.
Yet there is no
provincial-territorial costing component included in the federal government’s
own projections of their punishment measures. That they either don’t have or
won’t provide the costs that they are downloading onto the provinces and
territories is indicative of the rushed way in which these bills have been
tabled.
With this said, it
should be noted the provinces and territories did ask for some of these pieces
of legislation, which probably explains their silence on these matters until
recently. In a climate where one is positioned as either being ‘soft’ or ‘tough
on crime’---a hallow and meaningless dichotomy if there ever was one---many
have been reluctant to criticize the Conservatives punishment agenda which, if
allowed to persist, will lead to higher taxes, cuts in social services, or both
if anyone was to be honest about the budgetary challenges we are faced with in
this country.
About a year ago, when
I started to present the preliminary research findings from my doctoral
dissertation, I asked an audience in Ottawa whether we want to live in a
country that constructs prisons instead of building daycares and schools for
our children, and hospital beds for our aging parents and grandparents.
Some will argue that
our generation can pay for it all, but we know in our hearts that something
will have to give. Will it be the pensions of our parents who have worked all
their lives to sustain their families, communities and country that will be
forced to make sacrifices?
Will it be the next
generation of kids who may have to take-out mortgage-sized loans to go to
university or college? Will it be us, who may be the first Canadians in
generations to not have access to a public health care system? Or will it be
all of us who will bare the costs of an ineffective and inhumane approach to
the complex harms and conflicts in our communities that we call ‘crime’?
When a pollster
recently asked Canadians whether they support the Conservative prison
construction plan, and 43 percent of those polled said “it’s unaffordable”,
while 57 percent thought “it’s a worthwhile initiative”, I wonder if that 57
percent would support the punishment agenda if they asked themselves the
questions I’ve been asking myself as a young Canadian who, along with my
contemporaries, will be footing the bill for this pending disaster.
Given that we are in a
minority government situation, it should be noted that while some Liberals, NDP
and the Bloc have been highly critical of the penal policy proposals tabled in
Parliament, the Conservatives---much like the awkward freshman I was in high
school---needs a dancing partner, one that may be reluctant or completely
willing, if he or she wants to dance, or in this case pass their punishment
bills.
Whether it is because
members of the opposition have actually agreed with some of the proposals
tabled by the Harper government, or have lacked the political courage to stand
in their places and cash the discursive cheques they routinely write and put on
display via the media, all parties have been complicit---to a greater or lesser
degree---in our march towards mass incarceration.
Whether it is the
Liberals who by supporting S-6 ushered in what will amount to a sanitized death
penalty for some new prisoners by eliminating the faint-hope clause, the NDP
who led the opposition charge to meet the government halfway on C-23 when the
specter of Karla Homolka getting a pardon was raised this past summer, or the
Bloc who moved to abolish accelerated parole review by effectively co-authoring
C-59 with the Conservatives, they are all to blame for the ballooning budget of
the penal system.
While I am hopeful
that the tide may turn, it will be up to Canadians come election time to decide
whether or not they want a government---in whatever form it will take---that
prioritizes prison expansion in the name of ‘public safety’ when a vast body of
research shows that such an approach will undermine this purported goal, while
also further eroding the few remains of community we have in this country. (X)
Justin Piché is a PhD
Candidate in Sociology at Carleton University, and Co-managing Editor of the Journal of Prisoners on Prisons. Justin’s blog, Tracking
the Politics of ‘Crime’ and Punishment in Canada, is a must-read for anyone
interested in prison justice in Canada.