Alberta
Child and Youth Advocate says Pepper Spray is used far too often in Alberta Young Offender Centres
From the office of Alberta’s Child and Youth Advocate
Child and Youth Advocate releases special report on OC spray and segregation in Alberta’s young offender centres
Alberta’s Child and Youth Advocate has completed a special report on oleoresin capsicum spray (OC spray, commonly referred to as pepper spray) and segregation in young offender centres.
The Advocate is making four recommendations related to reducing the use of OC spray and segregation as well as increasing accountability measures.
“Young people in custody often have complex needs and may present with difficult and challenging behaviours,” said Del Graff, Child and Youth Advocate. “It is imperative that the Young Offender Branch explores approaches to improve the health and well-being of young people while ensuring a safe environment for everyone. I sincerely hope the recommendations from this report will be quickly acted on to improve the circumstances for youth in custody.”
From January to March 2019, the OCYA received input from over 100 stakeholders through community conversations and one-to-one interviews. Young people, youth justice stakeholders, and community stakeholders shared their perspectives and experiences.
The purpose of this report is to provide advice to government related to improving the safety and well-being of young people in custody.
A copy of the report: “Care in Custody: A Special Report on OC Spray and Segregation in Alberta’s Young Offender Centres” is available on our website:
http://www.ocya.alberta.ca/adult/publications/ocya-reports/
The Child and Youth Advocate has the authority under the Child and Youth Advocate Act to complete special reports on issues impacting children and youth who are receiving designated government services. This is the Advocate’s fourth special report.
The Office of the Child and Youth Advocate is an independent office of the Legislature, representing the rights, interests and viewpoints of children and young people receiving designated government services.
Executive Summary
In 2016, the Young Offender Branch, Ministry of Justice and Solicitor General, changed its policy, making it easier for correctional peace officers to use OC spray on incarcerated young people. Since then, the use of OC spray in youth justice facilities has steadily increased. By inflicting pain to control behaviour, the use of OC spray can damage relationships with youth justice staff, undermine rehabilitation efforts, and further traumatize young people.
The use of segregation in young offender centres is also a concern, as it can result in physical, psychological, and developmental harm to young people. Segregation is occurring without sufficient guidelines and safeguards to protect the well-being of young people. The current use of segregation undermines the Youth Criminal Justice Act’s (YCJA) principle of rehabilitation and reintegration. If segregation must occur for safety reasons, it should be short-term and must include meaningful interactions, mental health supports, and programming.
Further, complaints and review processes at young offender centres must be transparent and strengthened so that young people can challenge decisions without facing repercussions. They have the right to be supported through those processes by a person such as an advocate. Public reporting will also help ensure accountability and promote fair treatment of young people in custody.
Increased accountability changes behaviour and choices. Under the old policy, when the tactical team had to be called to use OC spray in youth justice facilities, it was only deployed once in approximately four years. Since correctional peace officers have been able to carry and use OC spray, it has been used on young people 60 times in the last three years. In the last four weeks of finalizing this report, OC spray was used 10 times. This example is alarming and highlights the importance and timeliness of this report.
The treatment of young people in custody should uphold their human rights, in alignment with the United Nations Convention on the Rights of the Child (UNCRC).The current use of OC spray and segregation contradict the intention of the UNCRCand other United Nations rules and conventions.1 The Advocate urges the Young Offender Branch to review its policies and practices to ensure they align with the goals of its legislation and support the human rights of the young people they serve.
The Advocate is making the following four recommendations:
- OC spray should only be used in exceptional circumstances, if there is an imminent risk of serious physical harm to a young person or others.
- The Young Offender Branch should review and update their policies and standards to reduce the number of hours a young person can be segregated, ensure that they receive appropriate programming and supports, and improve conditions within segregation.
- The Young Offender Branch should develop an impartial complaints and review process for young people. An impartial multi-disciplinary committee that includes external stakeholders should hear complaints and reviews, and young people should have access to a supportive adult.
- The Young Offender Branch should monitor and publicly report all incidents of OC spray use and segregation annually.
From the Fraser Institute
By Tegan Hill
According to the recent mid-year update tabled Thursday, the Smith government projects a $4.6 billion surplus in 2024/25, up from the $2.9 billion surplus projected just a few months ago. Despite the good news, Premier Smith must reduce spending to avoid budget deficits.
The fiscal update projects resource revenue of $20.3 billion in 2024/25. Today’s relatively high—but very volatile—resource revenue (including oil and gas royalties) is helping finance today’s spending and maintain a balanced budget. But it will not last forever.
For perspective, in just the last decade the Alberta government’s annual resource revenue has been as low as $2.8 billion (2015/16) and as high as $25.2 billion (2022/23).
And while the resource revenue rollercoaster is currently in Alberta’s favor, Finance Minister Nate Horner acknowledges that “risks are on the rise” as oil prices have dropped considerably and forecasters are projecting downward pressure on prices—all of which impacts resource revenue.
In fact, the government’s own estimates show a $1 change in oil prices results in an estimated $630 million revenue swing. So while the Smith government plans to maintain a surplus in 2024/25, a small change in oil prices could quickly plunge Alberta back into deficit. Premier Smith has warned that her government may fall into a budget deficit this fiscal year.
This should come as no surprise. Alberta’s been on the resource revenue rollercoaster for decades. Successive governments have increased spending during the good times of high resource revenue, but failed to rein in spending when resource revenues fell.
Previous research has shown that, in Alberta, a $1 increase in resource revenue is associated with an estimated 56-cent increase in program spending the following fiscal year (on a per-person, inflation-adjusted basis). However, a decline in resource revenue is not similarly associated with a reduction in program spending. This pattern has led to historically high levels of government spending—and budget deficits—even in more recent years.
Consider this: If this fiscal year the Smith government received an average level of resource revenue (based on levels over the last 10 years), it would receive approximately $13,000 per Albertan. Yet the government plans to spend nearly $15,000 per Albertan this fiscal year (after adjusting for inflation). That’s a huge gap of roughly $2,000—and it means the government is continuing to take big risks with the provincial budget.
Of course, if the government falls back into deficit there are implications for everyday Albertans.
When the government runs a deficit, it accumulates debt, which Albertans must pay to service. In 2024/25, the government’s debt interest payments will cost each Albertan nearly $650. That’s largely because, despite running surpluses over the last few years, Albertans are still paying for debt accumulated during the most recent string of deficits from 2008/09 to 2020/21 (excluding 2014/15), which only ended when the government enjoyed an unexpected windfall in resource revenue in 2021/22.
According to Thursday’s mid-year fiscal update, Alberta’s finances continue to be at risk. To avoid deficits, the Smith government should meaningfully reduce spending so that it’s aligned with more reliable, stable levels of revenue.
Author:
Better, faster, more affordable auto insurance
Alberta’s government is introducing a new auto insurance system that will provide better and faster services to Albertans while reducing auto insurance premiums.
After hearing from more than 16,000 Albertans through an online survey about their priorities for auto insurance policies, Alberta’s government is introducing a new privately delivered, care-focused auto insurance system.
Right now, insurance in the province is not affordable or care focused. Despite high premiums, Albertans injured in collisions do not get the timely medical care and income support they need in a system that is complex to navigate. When fully implemented, Alberta’s new auto insurance system will deliver better and faster care for those involved in collisions, and Albertans will see cost savings up to $400 per year.
“Albertans have been clear they need an auto insurance system that provides better, faster care and is more affordable. When it’s implemented, our new privately delivered, care-centred insurance system will put the focus on Albertans’ recovery, providing more effective support and will deliver lower rates.”
“High auto insurance rates put strain on Albertans. By shifting to a system that offers improved benefits and support, we are providing better and faster care to Albertans, with lower costs.”
Albertans who suffer injuries due to a collision currently wait months for a simple claim to be resolved and can wait years for claims related to more serious and life-changing injuries to addressed. Additionally, the medical and financial benefits they receive often expire before they’re fully recovered.
Under the new system, Albertans who suffer catastrophic injuries will receive treatment and care for the rest of their lives. Those who sustain serious injuries will receive treatment until they are fully recovered. These changes mirror and build upon the Saskatchewan insurance model, where at-fault drivers can be sued for pain and suffering damages if they are convicted of a criminal offence, such as impaired driving or dangerous driving, or conviction of certain offenses under the Traffic Safety Act.
Work on this new auto insurance system will require legislation in the spring of 2025. In order to reconfigure auto insurance policies for 3.4 million Albertans, auto insurance companies need time to create and implement the new system. Alberta’s government expects the new system to be fully implemented by January 2027.
In the interim, starting in January 2025, the good driver rate cap will be adjusted to a 7.5% increase due to high legal costs, increasing vehicle damage repair costs and natural disaster costs. This protects good drivers from significant rate increases while ensuring that auto insurance providers remain financially viable in Alberta.
Albertans have been clear that they still want premiums to be based on risk. Bad drivers will continue to pay higher premiums than good drivers.
By providing significantly enhanced medical, rehabilitation and income support benefits, this system supports Albertans injured in collisions while reducing the impact of litigation costs on the amount that Albertans pay for their insurance.
“Keeping more money in Albertans’ pockets is one of the best ways to address the rising cost of living. This shift to a care-first automobile insurance system will do just that by helping lower premiums for people across the province.”
Quick facts
- Alberta’s government commissioned two auto insurance reports, which showed that legal fees and litigation costs tied to the province’s current system significantly increase premiums.
- A 2023 report by MNP shows
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