Prisoners ‘entitled to fairness’ over placements, judge rules

A judge has ordered corrections officials to improve their procedures for holding prisoners in what’s known as enhanced supervision placement.

The decision of B.C. Supreme Court Justice Kenneth Affleck comes after a female prisoner at Prince George Regional Correctional Centre complained she was unfairly dealt with by the prison.

Teresa Charlie, who is awaiting trial on charges of being an accessory after the fact to murder, was put in enhanced supervision after officials alleged she bullied and physically assaulted other prisoners.

Charlie claimed that ESP was akin to segregation given that she was permitted out of her cell for a maximum of three hours each day, which she spent alone.

She argued that correctional centre staff failed to provide adequate reasons for her being designated for ESP, leaving her with no effective opportunity to dispute the placement.

Charlie was initially remanded into custody at the Prince George prison on Nov. 18, 2013 and has been transferred a number of times to and from the Alouette Correctional Centre for Women. She’s currently in the Prince George jail.

Court heard that, in both prisons, there have been numerous reported incidents involving alleged bullying and disruptive behaviour by Charlie, including physical assaults, resulting in her being placed in ESP from time to time.

Prison officials argued that Charlie was no longer in ESP and therefore the issue of whether to remove her from ESP was moot.

In his ruling, the judge said he was satisfied that Charlie was no longer in ESP and therefore an order to remove her from ESP would have no immediate practical effect and was therefore moot.

But the judge said he was satisfied that there was a significant prospect that, given her history while on remand, a decision would probably be made in the future to put her back in ESP.

“I am also satisfied that Ms. Charlie and other inmates who are classified to ESP are entitled to the benefit of procedural fairness when prison authorities further restrict their residual liberty,” said the judge.

The judge directed that if an “on the spot” decision is made to put an inmate in ESP, as soon as practicable after that decision, the inmate must be given written reasons.

Furthermore, the written reasons must give an inmate an adequate basis on which to challenge the decision, said the judge.

“An inmate must be given particulars of the time, place and person to whom she or he is alleged to have been, for example, bullying or aggressive.”

Charlie, 24, was charged in connection with the January 2012 death of Fribjon Bjornson, 28, whose remains were found in an abandoned house on a reserve near Fort St. James.