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.

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Is There Any Canadian Province More Proud of their Premier Today…

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Prior to Trumps inauguration event and announcement was made that Trump would not be imposing the 25% tariffs…

Which means, Canada seriously dodged a bullet here.

And while the Liberals will most likely frame this as, their success in showing, Bad Orange Man, that they’re tough and ready to burn down what is left of our economy, throwing Alberta under the bus, first…through a nuclear option…

Premier Smith rode this challenge out like the true champion we knew that she would be.

It’s hard to say if this was a legality matter in the grander scheme…or if the 25% tariffs would have truly been as big of an impact on the US…

One thing is clear, however…

Smith was ready to go to the tables with the Trump administration and opt for diplomacy over threats…which should be what we expect from our leaders.

And should these 25% tariffs have gone through…I’m more than sure a Plan B would have been brought out in civil conversations, over screeching rhetoric.

“She’s treasonous”, they screeched.

“She’s supporting her friends in Oil and Gas”, they relent.

“She should put Canada first”, they echo…

And let’s just address these…

Is Walmart beholden to Campbells soup? Fruit of the Loom? Kraft?

Or does Walmart sell products that helps keep their doors open?

Walmart is not beholden to any product…just like Premier Smith isn’t. We have 26% of our GDP – the largest portion – owed to Alberta O&G, something that we have a limited trade partner with, due to the Liberal – Anti-Alberta/Anti-O&G/Anti-Pipeline attitude that wants to spend us further in debt with unreliable and expensive “Renewables”.

What does Alberta get from renewables?

A higher cost for energy, in an affordability crisis, created by the same people who continue to push them…sounds like a terrible deal, for Albertans, and something a true leader would Not Favor.

When Walmart sits down to hash out a deal with Heinz, are they committing treason because they haven’t shown their allegiance to their own, ‘Great Value’ brand Ketchup?

No…other provinces have their own industries and resources, which they are free to continue developing independent of the federal government, as is suitable and supportive of their own economies…Alberta isn’t competing with them, nor Canada as a whole.

Alberta through industry and resource, actually supports Canada through a grand imbalance on “Equalization Payments”…

As do we through paying 50% more into the Canada Pension Plan, than we actually get out of the Canada Pension Plan…to the tune of a $334 Billion Dollars.

And as for this “Team Canada”, horseshit…

The title Premier of Alberta, should hold some clues as to who Premier Smith should be advocating for…as she is the Premier of Alberta and Not the Prime Minister, nor leader in the Liberal Party that has created this fiasco, to begin with.

Rail, as they may…other provinces can’t cast a vote in her support, either way…

None of the other provinces, through Members of Parliament, nor through Premiers, came to support Alberta and our economy through a number of Federal Bills that railed on our provincial resources…

Worse yet…these hypocrites cash cheques from our province, while telling us how to diversify our economy…to which I’d state one thing unequivocally…

If we wanted to be a Have Not Province…like you are…we’ll come and ask you for your advice.

Until then…

I’ll hold my Alberta Flag Higher than my Canadian…

And be proud today, of having the only Premier in the country of Canada, worthy of any praise today!