Reduced operations at Yarmouth jail causing big impacts for many
When the operations of the Southwest Nova Scotia Correctional Facility in Yarmouth were scaled back early on in the COVID-19 pandemic – resulting in a nearly complete closure of the jail – it was called a temporary measure.
As the province prepares to drop all COVID restrictions and mandates on March 21, those seeing and feeling the impacts of the correctional facility situation are wondering when the jail will become fully operational again.
In recent weeks and months there's been no official word.
But what there has been throughout the past two years is ongoing issues of lawyers not having easy access to their clients; families not being able to easily visit those in custody; the sheriff's department spending huge amounts of time from early morning to late evening on the road transporting prisoners; and Corrections Services employees wondering about their jobs.
“Certainly, with the parttime or casual staff, they've been impacted. Folks that were trying to build a life in Yarmouth have been impacted in a pretty consequential way,” said Yarmouth MLA Zach Churchill. “They either have had to travel to Halifax from Yarmouth to work. Or they've had to move out of Yarmouth and pursue a career in the corrections field elsewhere.”
As the province presses forward with its reopening plan, Churchill noted that there's been no word about the correctional centre.
“We need to have that question answered,” he said. “They have capacity for close to 40 inmates and I think they're operating with between one and three every week.”
In mid-February, Churchill wrote to N.S. Justice Minister and Attorney General Bradley Johns seeking an update. In a Feb. 28 response letter, Johns confirmed the reduction in operations was due to COVID19.
“This facility lacked the necessary level of health care required to assist in the prevention and potential spread of the virus within the facility,” he wrote. “It was recommended by the COVID-19 NSHA working group that this facility not be used during the pandemic.”
The minister said the correctional centre is still operational and staffed 24 hours a day. It accepts short-term-hold admissions, meaning people are held for up to 48 hours, pending
“This facility lacked the necessary level of health care required to assist in the prevention and potential spread of the virus within the facility. It was recommended by the COVID-19 NSHA working group that this facility not be used during the pandemic.” Bradley Johns N.S. Justice Minister and Attorney General
a court appearance. After this, they are transferred to another facility if they haven't been released by the court.
“Efforts to secure additional health-care resources during the initial waves of the pandemic were not successful,” Johns said, adding discussions are ongoing within Correctional Services regarding the facility's future operations.
“When we are able to ensure the facility can be safely utilized, that message will be communicated to those most immediately impacted by the current reduction in operations,” he said.
Even with the reduced operations in Yarmouth, the province didn't escape COVID outbreaks in its correctional facilities. Burnside had a large outbreak amongst the prisoners in late December and January during the Omicron wave. The Nova Institution for Women in Truro also experienced an outbreak.
While during the COVID pandemic, there has been much more emphasis on video court appearances by those in custody, at times the impact of the situation in Yarmouth has been directly felt inside the courtroom.
In November, for instance, preliminary inquiries relating to homicide charges involving three individuals – the only matters on the court docket – were delayed by hours on the opening day due to transportation issues, causing the presiding judge to comment.
Judge James Burrill said when the sheriff's department arrived at Burnside in Dartmouth to pick up the accused, the correctional facility would not release one of the men until medication he required was administered. That couldn't take place until medical staff arrived.
“The plan was to have, as I understand it, all accused at the correctional centre here in Southwest Nova in Yarmouth for this morning, but I understand Southwest Nova would not house one of the individuals because he needed medication and they have no one on staff, nursing staff or medical staff, available at that location,” the judge said.
With the potential of the court proceedings spanning multiple days – and if the men in custody had to be transported back and forth to Dartmouth each day – Burrill had said, “How we are going to proceed the rest of the week?"
He said it was not acceptable to start late each and every day.
Especially with a jail sitting virtually empty just minutes away.
Yarmouth attorney Phil
Star said for defence lawyers communication is always a challenge when clients are incarcerated, especially when they are in a facility in another part of the province.
“It's had a significant impact,” he said – a situation that has been manifested by the reduced operations in Yarmouth.
“It's caused significant difficulties,” Star said, saying times have to be set up for phone calls, and there are logistics involved with that. He said if a person is appearing in court via video, sometimes the judges will clear the courtroom and call a recess and ensure that privileged and private communication can be set up between the lawyer and their client.
Star also noted the situation calls into question the practicality and feasibility of people serving weekend, intermittent sentences if they have to do
that at least 300 kilometres away and don't have their own transportation.
Saltwire also reached out to the province's Sheriff Services about the impacts of the reduced operations in Yarmouth. No one was available to speak on the record, but it is known it has created a huge burden.
Churchill, meanwhile, said it will be helpful for everyone to know what the plan is moving forward.
“It was only ever intended to be a temporary situation. Hopefully, with the reopening plan going forward, we'll see a plan that includes getting back to full capacity,” he said.
“It's a really important employer in the area and it's a relatively new facility that a lot of taxpayer dollars have gone into,” he added. “And
I've talked to family members of some inmates who really appreciate being able to have some access to their family, which is really important too.”