General population (GP)
General population inmates.
When not housed in segregation under CAR 24, he resides on a regular GP programming unit.
Correctional Officer Sandy testified that inmate Cole may have been intoxicated, and that he is not a client with Mental Health Needs (MHN) and resides on a regular range. Inmate Cole entered a letter into the record. He wrote that many of his family members have recently died, including his father who he described as his best friend, and his wife was just diagnosed with cancer. He added that he has not had an opportunity to grieve and has not seen his wife since her diagnosis.
Gladue factors
During the penalty (sentencing) phase of a disciplinary proceeding, an independent correctional decision-maker must consider Gladue factors. In the landmark 1999 Supreme Court of Canada decision called Gladue, the Court acknowledged that the criminal justice system has failed Indigenous people. Consequently, decision-makers are required to consider an offender's unique circumstances as an Indigenous person, including the systemic and background factors that may have played a part in bringing them before the decision-maker.
In prison disciplinary proceedings, a decision-maker should consider whether a sanction is appropriate given the Indigenous offender’s heritage or community connections. They should also incorporate restorative justice principles, such as assigning a creative reflection piece, or a written apology under CAR 27(1)(e), as alternatives to harmful, punitive measures like segregation. However, without legislative reforms to the CAR, decision-makers are constrained in how effectively they can apply restorative justice principles under section 27(1)(d).
For more on the application of Gladue factors and the need for legislative reforms to the CAR, you can read my article, "Inside the Prison Within a Prison: Nobody can heal alone in a dark box."
The need for such approaches is clear in BC, where Indigenous adults make up 36% of the provincial jail population despite accounting for only 6% of the adult population (BC Corrections and Indigenous justice).
His family members were in residential school and he was in foster care. I considered his Indigenous background in my penalty (sentencing) decision. I did so because I have an obligation to reintegrate rather than segregate him, impose segregation as a last resort, and support his release. The latest available Statistics Canada data reveal that although Indigenous people in BC make up 5% of the population, they make up 30% of the inmate population, and Indigenous people are nine times more likely to be incarcerated than non-Indigenous people. This current reality of the overrepresentation of the Indigenous population in corrections requires that I acknowledge Canada’s historical relationship with Indigenous people—the imposition of the residential school system—and the ongoing direct and systemic discrimination—child welfare to prison pipeline. I have an obligation, both legal and ethical, to consider Gladue factors. I must acknowledge that colonial efforts reflected in legislation, such as the Indian Act with the mandate to “assimilate the Indian”, continues to spill over, and is visible, real and felt in the form of intergenerational trauma. To acknowledge, recognize, and consider this is the first step in moving forward in a good way.
Inmate Wolfe was in the foster care system and could not provide further details or information regarding his Indigenous ancestry. I did not discount or minimize his ancestral ties, rather I must acknowledge that a longstanding colonial effort reflected in legislation such as the Indian Act was to “assimilate the Indian.” This sad, disturbing, and unfortunate reality means too often Indigenous people do not know where they come from. This loss of cultural belonging and identity must be acknowledged and recognized.
He is from the Musqueam reserve. He grew up and was raised on reserve until he entered foster care. He later returned to live with his grandparents. Most of his family members were in residential school. He participates in the Centre’s Indigenous programming, including in ceremonies, smudging, beading and crafts. He has a Gladue Report.
Goof
This is the ultimate insult. Virtually all inmates feel honour-bound to respond with force (sometimes lethal) to anyone who calls them a goof. Don't ever use this word when talking to an inmate.
It can refer to informers, child molesters, child killers, and all inmates segregated from the general population in protective custody (PC). Also, an inmate or prison staff who has become hated for suspicious or irritating behaviour.
After inmate Scott provided his testimony, I directed that he be removed from the hearing room. Inmate Scott became elevated, aggressive, and hostile. He also directed derogatory language at the officers in the room, including calling them "goof."
Inmate Simpson testified that inmate Joe called him a "goof" and he responded in return. I considered the context as a whole, within a correctional centre environment, and the implications of being called a goof. If he didn’t respond, inmate Simpson would be putting a target on his back.
He agreed that his involvement led to a three-on-one assault when inmate Donald called the back table "goof,” a table where he was seated. He expressed a lack of remorse stating “yeah, that’s jail.”