CANADA | Correctional Investigator releases report on death in custody

On 2 August 2016, the Correctional Investigator of Canada, Mr. Howard Sapers, released his investigation into the extent and manner in which the Correctional Service of Canada (CSC) discloses information with family members of an inmate who has died in federal custody.  In his report, Mr. Sapers documents the frustration of families when information is not fully and openly shared.  The investigation found that even straight forward factual summaries of the events and circumstances leading to the death are typically not provided.

When an inmate dies in custody or sustains serious bodily injury, CSC is obligated to “forthwith” investigate the matter.  Despite this requirement, there is no legal obligation requiring CSC to publicly release the findings of its investigation or share the report with designated family members of the deceased.  Family members must formally request a copy of the investigative report, which frequently takes more than a year to receive.  Processed as an access to information request, the report is often heavily and unnecessarily redacted.  CSC typically cites privacy concerns for not fully or proactively sharing relevant information and findings with designated family members. The investigation finds that these practices may have the unintended consequence of creating suspicion in the minds of parents about how their son or daughter died behind bars.

The investigation further found that there is very little consistency in what families are told following a death, they often lack critical information about CSC’s responsibilities and are not adequately informed of the post-incident investigative process.

The investigation led to 10 new recommendations, some of which are rooted in best practices from other countries.  The full report cited in this release and background information is available here.

 

Source: The office of the Correctional Investigator - Canada

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