Failure to obey use-of-force recording rules ‘alarming’

Ombudsman finds guards have problems with video 67 per cent of the time

Federal prison guards are failing to comply with rules around videotaping their use of force against inmates in a majority of cases, according to data obtained by The Canadian Press.

In the 2016-17 fiscal year, the Office of the Correctional Investigator led by Ivan Zinger reviewed 1,436 incidents in which guards resorted to force against a prisoner.

While the situation has improved in recent years, the high incidence of problems around video — in 67 per cent of the cases — is of significant concern, the prison ombudsman said.

“This is still a very high number of noncompliance,” Zinger said from Ottawa. “That’s what is alarming.”

Prison policy mandates that guards use a hand-held camera to video planned uses of force, as well as in spontaneous situations where feasible. Compliance problems exist in both scenarios, data show.

Some of the issues with video compliance are of a relatively minor or technical nature but in other cases, crucial video of incidents in which a prisoner alleges guards used excessive force — a criminal offence — simply isn’t available when it should be.

Overall, Zinger said, cases where video goes missing, is deleted, or is otherwise unavailable to his ombudsman office are relatively rare but have an enormous impact.

“They cast an incredibly negative light on, and it may taint all, the good work that correctional officers do,” he said.

“It’s all good to say, ‘we’ve acted appropriately,’ but if you can demonstrate that you have — and the video does that for you — then it makes the system even more credible and erases any doubt in anybody’s mind.”

Noncompliance incidents involving video have fallen since the 83.5 per cent found in 2014-15, but the Office of the Correctional Investigator identified ongoing issues such as:

Delays in dispatching hand-held cameras during spontaneous use of force when time and resources are available;

Failure to video pre-incident briefings when force is planned;

Lack of video of decontamination procedures after guards have used chemical spray on an inmate.

The correctional service wouldn’t be commenting on the data because they came from a third party and would need to be verified, spokesperson Laura Cumming said. She also said policy breaches are not tolerated and would be investigated.

Given the immense power entrusted to guards, the ombudsman said, full compliance with law and policy in all aspects is critical.

Video can help protect vulnerable inmates from abuse, but can also protect guards against false allegations of brutality.

“It’s to the benefit of everybody to make sure that cameras are used appropriately,” Zinger said.