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Alberta

Child and Youth Advocate says Pepper Spray is used far too often in Alberta Young Offender Centres

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Office of the Child and Youth Advocate Alberta

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:

  1. 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.
  2. 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.
  1. 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.
  2. The Young Offender Branch should monitor and publicly report all incidents of OC spray use and segregation annually.

After 15 years as a TV reporter with Global and CBC and as news director of RDTV in Red Deer, Duane set out on his own 2008 as a visual storyteller. During this period, he became fascinated with a burgeoning online world and how it could better serve local communities. This fascination led to Todayville, launched in 2016.

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Alberta

Alberta court upholds conviction of Pastor Artur Pawlowski for preaching at Freedom Convoy protest

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From LifeSiteNews

By Clare Marie Merkowsky

Lawyers argued that Pastor Artur Pawlowski’s sermon was intended to encourage protesters to find a peaceful solution to the blockade, but the statement was characterized as a call for mischief.

An Alberta Court of Appeal ruled that Calgary Pastor Artur Pawlowski is guilty of mischief for his sermon at the Freedom Convoy-related border protest blockade in February 2022 in Coutts, Alberta.

On October 29, Alberta Court of Appeal Justice Gordon Krinke sentenced the pro-freedom pastor to 60 days in jail for “counselling mischief” by encouraging protesters to continue blocking Highway 4 to protest COVID mandates.

“A reasonable person would understand the appellant’s speech to be an active inducement of the illegal activity that was ongoing and that the appellant intended for his speech to be so understood,” the decision reads.

Pawlowski addressed a group of truckers and protesters blocking entrance into the U.S. state of Montana on February 3, the fifth day of the Freedom Convoy-styled protest. He encouraged the protesters to “hold the line” after they had reportedly made a deal with Royal Canadian Mounted Police to leave the border crossing and travel to Edmonton.

“The eyes of the world are fixed right here on you guys. You are the heroes,” Pawlowski said. “Don’t you dare go breaking the line.”

After Pawlowski’s sermon, the protesters remained at the border crossing for two additional weeks. While his lawyers argued that his speech was made to encourage protesters to find a peaceful solution to the blockade, the statement is being characterized as a call for mischief.

Days later, on February 8, Pawlowski was arrested – for the fifth time – by an undercover SWAT team just before he was slated to speak again to the Coutts protesters.

He was subsequently jailed for nearly three months for what he said was for speaking out against COVID mandates, the subject of all the Freedom Convoy-related protests.

In Krinke’s decision, he argued that Pawlowski’s sermon incited the continuation of the protest, saying, “The Charter does not provide justification to anybody who incites a third party to commit such crimes.”

“While the appellant is correct that peaceful, lawful and nonviolent communication is entitled to protection, blockading a highway is an inherently aggressive and potentially violent form of conduct, designed to intimidate and impede the movement of third parties,” he wrote.

Pawlowski was released after the verdict. He has already spent 78 days in jail before the trial.

Pawlowski is the first Albertan to be charged for violating the province’s Critical Infrastructure Defence Act (CIDA), which was put in place in 2020 under then-Premier Jason Kenney.

The CIDA, however, was not put in place due to COVID mandates but rather after anti-pipeline protesters blockaded key infrastructure points such as railway lines in Alberta a few years ago.

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Alberta

New Sheriffs unit to enhance public safety in Red Deer and Central Alberta

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A new team of Alberta Sheriffs will work alongside police to keep crime out of central Alberta communities by targeting problem properties.

Since 2023, Alberta’s government has invested more than $27 million to help fight crime throughout the province. Building on these efforts, the government is now expanding the Alberta Sheriffs’ Safer Communities and Neighbourhoods (SCAN) unit with the creation of a new team of investigators in Red Deer. The creation of the Red Deer SCAN team is the latest in a series of measures aimed at enhancing public safety and increasing the Alberta Sheriffs’ ability to support police throughout the province.

The move puts more resources on the ground with a team of qualified experts who will investigate properties where illegal activity has been reported and shut them down through court orders when needed. The Red Deer SCAN team – made up of four Alberta Sheriffs – joins existing SCAN teams in Calgary, Edmonton, and Lethbridge, which have proven immensely effective in working alongside local police to shutter problem properties throughout the province.

“Alberta’s government will always maintain a zero-tolerance stance toward crime of any kind, and the expansion of the Alberta Sheriffs’ SCAN unit reflects that. With the creation of a new SCAN team in Red Deer, we’re expanding the unit’s coverage even further and putting more boots on the ground where they’re needed. Let this be a message to all criminals: you are not welcome here. Communities in the Red Deer area have a right not to be plagued by drug and other criminal activity that create dangerous environments, and Alberta’s government will do whatever it takes to keep people safe.”

Mike Ellis, Minister of Public Safety and Emergency Services

The Sheriffs’ SCAN unit operates under the Safer Communities and Neighbourhoods Act, which uses legal sanctions and court orders to hold owners accountable for illegal activity happening on their property, such as drug trafficking, human trafficking and child exploitation. SCAN augments and supports local police to both investigate and close properties where evidence of criminal activity has been confirmed.

“Ensuring safety for law-abiding Albertans is of utmost importance for Alberta’s government and requires a comprehensive approach to effectively combat and prevent criminal activity. This involves enhancing law-enforcement resources, fostering community engagement, implementing crime prevention programs, and promoting collaboration between Alberta Sheriffs and local police. This SCAN team is a game-changer in central Alberta and puts criminals on notice that they are not welcome here.”

Jason Stephan, MLA for Red Deer-South

“The Safer Communities and Neighbourhoods Act holds property owners accountable for activities on their property that threaten public safety. Alberta’s SCAN teams support policing efforts by addressing illegal activities on these properties. This additional team will enhance RCMP community safety programs.”

Assistant Commissioner Trevor Daroux, criminal operations officer, Alberta RCMP

When a community member reports a problem property to SCAN, the unit begins an investigation. Once the investigation confirms the activity, investigators contact the property owner to try and resolve the issue informally. If informal efforts are unsuccessful, SCAN can apply to the courts for a community safety order to impose restrictions and conditions on the property and its owner, which could include closing the property for up to 90 days. Any criminal activity uncovered when dealing with these properties is turned over to the police to investigate.

“Over the years, SCAN’s impact on community safety has been profound. More often than not, we see individuals in these problem properties carrying out drug operations and other criminal activities beside homes, schools, playgrounds and other places where Albertans’ safety should never be in question. Crime has no place in any Alberta neighbourhood, and we look forward to working with our policing partners in the Red Deer area to help keep central Alberta communities safe.”

Mike Letourneau, superintendent, Alberta Sheriffs

SCAN continues to see tremendous success, having closed problem properties in Lethbridge, Calgary, Spruce Grove and Medicine Hat in the last six months alone. Since May 2024, Alberta’s government has publicly announced the closure of seven problem properties by SCAN, including three in Calgary, two in Lethbridge, and one each in Spruce Grove and Medicine Hat.

“Creating a safer environment for our citizens improves the overall quality of our community in Red Deer. I would like to take this opportunity to thank Alberta’s government, SCAN and all our law enforcement partners who work tirelessly every day to keep our communities safe. This is great news for the City of Red Deer, and together, we can make our community safer. I encourage residents to report any suspicious activity to the SCAN unit.”

Ken Johnston, mayor, City of Red Deer

The Red Deer SCAN team’s operational boundaries encompass the city of Red Deer and its surrounding communities and rural areas, providing coverage to the central area spanning Ponoka to the north and Olds to the south.

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