A commission of inquiry into the Quebec Detention Facility requested by defense lawyers

Faced with an “almost unmanageable” situation, defense lawyers from Quebec are urging the government to launch a commission of inquiry to shed light on the conditions of detention at Orsainville prison, which they describe as “unbearable and inhumane.”

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M^e Adèle Juster and M^e Didier Samson sent a letter to Simon Jolin-Barrette, Minister of Justice and François Bonnardel, Minister of Public Security, on Thursday.

“In the name of incarcerated people and human dignity,” the two defense lawyers well known in the corridors of the Quebec courthouse are asking the government to launch a commission of inquiry into the Quebec detention facility .

The lawyers’ goal is to “correct the prison situation as quickly as possible, before other unfortunate situations arise.” Remember that several events where inmates and correctional officers were seriously injured have made headlines in recent weeks.

The glaring lack of staff is particularly singled out to explain the issues which have been exacerbated since the pandemic.

Fracture point

In their letter, of which the Journal obtained a copy, Mr. Juster and Mr. Samson deplore the conditions of detention to which the detainees have been subjected for the past year.

“The recent multiple events that have occurred in detention are an alarm signal that we have reached what we describe as a breaking point in the system as it currently functions,” write the two lawyers.

The latter describe several “worrying” situations inside the walls of Orsainville prison. They cite in particular periods of more than 24 hours in cell without release, which could even stretch up to 72 hours in certain cases. The lawyers point out that these periods of confinement often take place “with two inmates, in a cell smaller than a bathroom”.

Long periods without showering or communication as well as difficulties for detainees in contacting their lawyers are also observed.

“Keeping people locked up for so long, in addition to being inhumane, can only increase their incomprehension and the tension within the detention center,” underline the two signatories.

This release comes shortly after concerted actions by correctional officers for greater security inside the walls.

After the violent attack on one of their colleagues at the Sorel establishment at the beginning of the month, guards throughout the province refused to open the cells for an entire afternoon, which notably paralyzed activities in courthouses.

Intervention requested

The two lawyers therefore ask the ministers concerned to intervene.

Because according to them, when correctional officers themselves suggest to inmates that they make complaints about their “inhumane” detention conditions, it is because everyone is out of breath.

“Our clients are human beings,” insist Mr. Juster and Mr. Samson, emphasizing in passing that this situation is, according to them, “contrary to the law.”

“The situation at the Quebec detention center with regard to the rights of detained persons violates several constitutional guarantees of the latter,” say the jurists.

Detainees would also be deprived of full defense by the current situation according to several lawyers, who deplore not being able to meet their clients in order to prepare their cases.

The Journal was also able to note that it is no longer rare for defense lawyers to have to postpone cases due to difficulties in accessing their detained clients or messages that did not reach their destination.

“This whole situation leads to waiting for all judicial actors, including the judiciary,” decry Adèle Juster and Didier Samson.

In the evening, the office of the Minister of Justice explained that the file was the responsibility of his colleague from Public Security. François Bonnardel’s office responded that it would read the letter from the two lawyers and “judge the appropriate action to be taken.”