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A report focusing on deaths while in federal custody has been released and it shows that families are being left in the dark when their loved one dies.
In the Dark: An Investigation of Death in Custody Information Sharing and Disclosure Practices in Federal Corrections was released on Tuesday and states that in 2015-16 there were 65 deaths in federal custody, the majority were attributed to ‘natural causes’.
Despite the statutory requirement to investigate all fatalities, there is no legal obligation requiring CSC to openly or proactively share the findings of these investigations publicly or even with next of kin or designated family members of the deceased.
According to the report, regardless of how an inmate dies in custody, it is reasonable to expect that family members would want to know what happened, whether the care provided was adequate, or if anything more could have been done to prevent the death.
In cases of in-custody death (or serious bodily injury), openness, transparency, accountability, compassion, timeliness and respect are important organizational and humanitarian principles that should weigh positively in the decision to release as much information as possible as it becomes available. Withholding information leads to unnecessary frustration and distrust and denies families closure as they grieve their loss.
During the investigation, it was found that families continue to contact corrections officials to gain information about a family member who died while in federal custody. These people have identified difficulties in obtaining this information, including outright refusal from the Office of the Correctional Investigator (CSC).
The investigation found several problems with the CSC and transparency with families seeking information about a loved one’s death. The notification process is lacking as families receive very little information when there is a death, there is little consistency in what information is provided to families, and this lack of information leads to suspicion.
The reported stated that one family member reported calling the institution asking about the location of his/her family member's body and was told by a CSC staff member that they did not know where the body was. While CSC called back later with information on the location of the body, this caused significant distress and worry. The body had been transported to the Coroner.
“Another family member informed CSC of the date that he would be coming to view the body, however upon arrival he was informed that his family member had already been cremated. To make matters worse, sometime later, the ashes were couriered to him without prior notice. ‘They cremated him and they sent him by Purolator...sending someone in the mail...it's just not right,’” read the report.
Many family members indicated that they were treated unprofessionally by CSC staff and were surprised how callous staff were following a death.
"I felt like a criminal even asking (referring to asking for information), the way they were talking to me, like just, they had no concern, they didn't care, that's like, I've had many sleepless nights at the beginning of all this because of wanting answers and not getting them, your mind, I'd lay awake."
Another family member stated that "It's the sarcastic remarks, you know, all the time.... (CSC) can't even call them (referring to offenders) by their first name, it's always the last name." Yet another stated: "But also it was again that situation that the family encounters all the time of being hurt by proxy, being hurt because you loved that person, because you treasured them, because they meant something to you, you'll go visit them, but Corrections Canada behaves with such animosity and they get away with it because we are so desperate to see that person and we will jump through the hoops."
The report points to a lack of training for staff as there is no training plan in place for communicating with families following the death of an inmate. The report has offered a number of recommendations for the CSC to establish including disclosing factual information to family members of deceased inmates.
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