Sunday, August 17, 2003
The following article has been forwarded and faxed to all of the correctional institutions in Ontario Canada, international prison reform agencies, members of parliament, and television/newspaper media. I'm hoping it reaches the hands of some individuals who care and have the power to set something in motion to remedy or aid this desperate, enduring problem.
PRISON REFORM NOW!!
-LET'S MAKE CANADA WHAT IT'S SUPPOSED TO BE
I was angered today when I received news of a friend's relative being held in detention where I was. I quickly recalled the process I went through while being detained and also the experiences of fellow inmates which was infuriating. I also noted the helplessness of my friends on the outside who cared but could do nothing against the big powerful system aside from reach a hand to the glass wall dividing us. But baffling too was the many guards and prison staff who themselves too were frustrated by the system and not only with what they were witnessing but because they acted as key players in meting out the cruel impositions upon prisoners.
(Please note: the following is not for unrepentant, willful, malicious criminals-although no one deserves abusive inhumane treatment. This is written in behalf of individuals who have been wrongfully arrested on trumped up charges, been scapegoats, immigrants or victim of racist discrimination, misunderstandings etc.)
What I Eye witnessed in a detention center in Ontario, Canada:
The following is from http://insight.dcss.mcmaster.ca/org/efc/pages/law/charter/
If the link was misspelled you can access it through typing "Canadian charter of human rights." Though I am focusing on Canada, the same principles apply internationally. However, I was focusing on Canada since we are such a strong and protected country where this is NOT suppose to happen-though of course it shouldn’t happen anywhere.
I added my own comments in round brackets and highlighted /enlarged and made bold words I wanted to emphasize.
CANADIAN CHARTER OF RIGHTS AND FREEDOMS
(Basis of authority:
Being Part I of the Constitution Act, 1982
[Enacted by the Canada Act 1982 [U.K.] c.11; proclaimed in force April 17, 1982. Amended by the Constitution Amendment Proclamation, 1983, SI/84-102, effective June 21, 1984. Amended by the Constitution Amendment, 1993 [New Brunswick], SI/93-54, Can. Gaz. Part II, April 7, 1993, effective March 12, 1993.]
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: (what law? Canada's law? Canada believes in upholding its laws? This is Canada's foundation? Let's see how strong it is.)
I used to believe in the Canadian Legal System. That when a crime was being committed the police would be there to back you up. I believed human rights were upheld. I believed in 'innocent until proven guilty.'
Both to others and myself:
Because we have perverted true justice we have created the frightening and unpredictable society we live in today.
Guarantee (guarantee? really?) of Rights and Freedoms
RIGHTS AND FREEDOMS IN CANADA.
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society
2. Everyone has the following fundamental freedoms:
(a) Freedom of conscience and religion;
(b) Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (for more documentation and agencies dealing with freedom of expression check out search results for "civil liberties" and click on freedom of expression.)
(c) Freedom of peaceful assembly; and
(d) Freedom of association.
Legal Rights
LIFE, LIBERTY AND SECURITY OF PERSON.
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
(Is being placed among inmates guilty of murder and other violent acts promoting security?)
SEARCH OR SEIZURE.
8. Everyone has the right to be secure against unreasonable search or seizure. (I witnessed both myself and all other inmates repeatedly strip searched and forced to bend over to prove drugs had not been shoved up their ass. I can't count the number of times I had to bend over.)
DETENTION OR IMPRISONMENT.
9. Everyone has the right not to be arbitrarily detained or imprisoned.
(I witnessed fellow inmates beside me waiting literally months before a court accused or excused them)
ARREST OR DETENTION.
10. Everyone has the right on arrest or detention
(a) To be informed promptly of the reasons therefor;
(b) To retain and instruct counsel without delay and to be informed of that right; and
(c) To have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
(Upon arrest I was handed a telephone several hours after the arrest where there was a girl on the line telling me that I have the right to attorney blah blah blah. I asked her what she can do for me. She said, "I'm sorry there is nothing I can do." I asked her what her information she was giving me could do for me. She said, "Nothing, I'm just required to say that." I said, "Thanks alot." After hanging up I requested for medication I was overdue on. In reply I was denied the medication, denied any phone calls, grabbed and forced back into a cell. I was told of similar treatment by countless others.)
PROCEEDINGS IN CRIMINAL AND PENAL MATTERS.
11. Any person charged with an offence has the right
(a) To be informed without unreasonable delay of the specific offence;
(b) To be tried within a reasonable time;(did you notice I made this one a little bigger? THIS IS A CONSTITUTIONAL RIGHT "founded upon principles that recognize the supremacy of God and the rule of law"
(c) Not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) To be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) Not to be denied reasonable bail without just cause;
(f) Except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) Not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
(h) If finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(I) If found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
TREATMENT OR PUNISHMENT.
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
Equality Rights EQUALITY BEFORE AND UNDER LAW AND EQUAL PROTECTION AND BENEFIT OF LAW / Affirmative action programs.
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability.
We as a society are torn. We want to help. We want justice, meted out to crime doers. We want to care. But we are not allowed. The chasm between prison and society is so great it's frightening. You are playing with your life by choosing to get involved and everybody knows you can’t beat the system.
What is angering is people in positions of power are not the one's suffering in jail. What is on their mind is not the desperate need to help these people and speak up and be their advocate. They are concerned with staying on top in this world and their own family’s protection. They are not going to put the well being of everyone close to them on the line in behalf of strangers.
If people had a safe environment to express their genuine concern for their fellow citizen's in jail-alot of people would. Which is alot more than who are now, which is almost zil. That is what I am endeavoring to do. You are probably sick and tired of hearing stories of people's rights being trampled on and people trying to change the system and not going anywhere. The existing situation is a demonstration of that. The existing situation is evidence of the ineffectiveness of every previous attempt made by collective people as agencies or other individuals.
For change to go into effect: - A problem has to be acknowledged. (Which no one denies)
- A desire for change must exist. (We have to begin caring or care again)
- It has to be addressed. (I'm addressing it)
- People in power have to be moved either willingly or by force to take more action. (I am proposing that this be done by: individuals being detained in Canada at this moment write letters documenting the treatment they are enduring going through the legal process of detainment and awaiting a trial.
Letters from all individuals who have in the past themselves gone through the Canadian legal system in a manner that you felt violated your Canadian constitutional human rights. Names will remain anonymous. Included too letters from relatives who were deeply troubled by how their loved one was mistreated that they witnessed either by hearing the cries on the telephone, being denied to touch their loved one, having to wait months for release as their entire lives fell apart including their careers, rent payments-not to mention scarred reputations. (Because I was denied the use of a pen I was not allowed to write any valid checks and my landlord was forced to give my room to another person-as I was detained on false charges)
A collection of letters will be presented to the media and members of parliament around Canada. I am looking for help in communicating with existing agencies whose desires are the same to work collectively for the same end. I was given the names of John Howard Society http://www.johnhoward.ca/jhsback.htm#Principles.
Elizabeth Fry Society http://www.web.apc.org/~kpate/caefs_e.htm
Type in "Prison Reform" into search engine for more results on other agencies.
These stories have to come out of the closet. These cries need to be broadcasted on the evening news until it stops. This is the REAL news! These are the REAL problems! These are the REAL stories! Why are these people being denied!? Holding a person in detention does not have to be this inhumane and destructive. This is Canada. I expect more from my country. This is disgusting. Our actions have made this constitution nothing more than something to roll weed in or wipe our ass with.
If you are able to help out with providing telephone #, references to MP's you may be in direct contact with, other people you can talk to or other helpful information you can provide will all be appreciated. All the MP's for Ontario are in the Blue Pages. If you know of Prison Staff who can provide more inside information or are able to provide effective email addresses.
If you are part of a church ministry and really want to help more than by giving them another sermon, than reach out a hand that they can feel right now.
If you have a loved one in jail at this moment: Request that they write out to you fact by fact the process and treatment they have and are going through. Something simple, straightforward and honest. If the name of the institution, address, dates and holding unit#, court appearances, behavior of fellow inmates/prison staff, disturbing or frightening experiences witnessed or personally endured -can be included. No names have to be mentioned. If they want to mention the charges they are facing or whether or not they are innocent is optional. They may too want to mention the repercussions of prolonged detainment such as: career effects/loss of income, alienation/shunning from relatives and previous friends out of fear or awkwardness as they are branded 'criminal', and any other damages they can reveal. When asking your friend to write out their situation, you need not have to say why in your letter, as letters are all read before they are given to the inmates, and therefore there is the possibility a letter of that nature could be denied if in question. However if on telephone you explain the details wanted in the letter-their letter will simply appear as one explaining their situation-which most letters from inmates are that way anyways. (Yes, telephone calls are monitored, but for criminal activity such as drug deals and death threats/harassment and other illegal activity. It is unlikely a letter simply talking about what they are going through will be confiscated.)
When we see homeless people and hear of frightening jail terms-it alarms us. This is the plight we are afraid might happen to us. This is a possible fate we are running from every day by immersing ourselves in our careers and engaging in distracting conversations. Lets do something about it and stop running.
If you want a chance to say you care than do something to aid this situation and keep yourself anonymous.
If we stay in silence-nothing will change. You may not care until you or someone you love is in this situation.
My email: jbigham2000@yahoo.com
PRISON REFORM NOW!!
-LET'S MAKE CANADA WHAT IT'S SUPPOSED TO BE
I was angered today when I received news of a friend's relative being held in detention where I was. I quickly recalled the process I went through while being detained and also the experiences of fellow inmates which was infuriating. I also noted the helplessness of my friends on the outside who cared but could do nothing against the big powerful system aside from reach a hand to the glass wall dividing us. But baffling too was the many guards and prison staff who themselves too were frustrated by the system and not only with what they were witnessing but because they acted as key players in meting out the cruel impositions upon prisoners.
(Please note: the following is not for unrepentant, willful, malicious criminals-although no one deserves abusive inhumane treatment. This is written in behalf of individuals who have been wrongfully arrested on trumped up charges, been scapegoats, immigrants or victim of racist discrimination, misunderstandings etc.)
What I Eye witnessed in a detention center in Ontario, Canada:
The following is from http://insight.dcss.mcmaster.ca/org/efc/pages/law/charter/
If the link was misspelled you can access it through typing "Canadian charter of human rights." Though I am focusing on Canada, the same principles apply internationally. However, I was focusing on Canada since we are such a strong and protected country where this is NOT suppose to happen-though of course it shouldn’t happen anywhere.
I added my own comments in round brackets and highlighted /enlarged and made bold words I wanted to emphasize.
CANADIAN CHARTER OF RIGHTS AND FREEDOMS
(Basis of authority:
Being Part I of the Constitution Act, 1982
[Enacted by the Canada Act 1982 [U.K.] c.11; proclaimed in force April 17, 1982. Amended by the Constitution Amendment Proclamation, 1983, SI/84-102, effective June 21, 1984. Amended by the Constitution Amendment, 1993 [New Brunswick], SI/93-54, Can. Gaz. Part II, April 7, 1993, effective March 12, 1993.]
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: (what law? Canada's law? Canada believes in upholding its laws? This is Canada's foundation? Let's see how strong it is.)
I used to believe in the Canadian Legal System. That when a crime was being committed the police would be there to back you up. I believed human rights were upheld. I believed in 'innocent until proven guilty.'
Both to others and myself:
Because we have perverted true justice we have created the frightening and unpredictable society we live in today.
Guarantee (guarantee? really?) of Rights and Freedoms
RIGHTS AND FREEDOMS IN CANADA.
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society
2. Everyone has the following fundamental freedoms:
(a) Freedom of conscience and religion;
(b) Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (for more documentation and agencies dealing with freedom of expression check out search results for "civil liberties" and click on freedom of expression.)
(c) Freedom of peaceful assembly; and
(d) Freedom of association.
Legal Rights
LIFE, LIBERTY AND SECURITY OF PERSON.
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
(Is being placed among inmates guilty of murder and other violent acts promoting security?)
SEARCH OR SEIZURE.
8. Everyone has the right to be secure against unreasonable search or seizure. (I witnessed both myself and all other inmates repeatedly strip searched and forced to bend over to prove drugs had not been shoved up their ass. I can't count the number of times I had to bend over.)
DETENTION OR IMPRISONMENT.
9. Everyone has the right not to be arbitrarily detained or imprisoned.
(I witnessed fellow inmates beside me waiting literally months before a court accused or excused them)
ARREST OR DETENTION.
10. Everyone has the right on arrest or detention
(a) To be informed promptly of the reasons therefor;
(b) To retain and instruct counsel without delay and to be informed of that right; and
(c) To have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
(Upon arrest I was handed a telephone several hours after the arrest where there was a girl on the line telling me that I have the right to attorney blah blah blah. I asked her what she can do for me. She said, "I'm sorry there is nothing I can do." I asked her what her information she was giving me could do for me. She said, "Nothing, I'm just required to say that." I said, "Thanks alot." After hanging up I requested for medication I was overdue on. In reply I was denied the medication, denied any phone calls, grabbed and forced back into a cell. I was told of similar treatment by countless others.)
PROCEEDINGS IN CRIMINAL AND PENAL MATTERS.
11. Any person charged with an offence has the right
(a) To be informed without unreasonable delay of the specific offence;
(b) To be tried within a reasonable time;(did you notice I made this one a little bigger? THIS IS A CONSTITUTIONAL RIGHT "founded upon principles that recognize the supremacy of God and the rule of law"
(c) Not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) To be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) Not to be denied reasonable bail without just cause;
(f) Except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) Not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
(h) If finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(I) If found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
TREATMENT OR PUNISHMENT.
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
Equality Rights EQUALITY BEFORE AND UNDER LAW AND EQUAL PROTECTION AND BENEFIT OF LAW / Affirmative action programs.
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability.
We as a society are torn. We want to help. We want justice, meted out to crime doers. We want to care. But we are not allowed. The chasm between prison and society is so great it's frightening. You are playing with your life by choosing to get involved and everybody knows you can’t beat the system.
What is angering is people in positions of power are not the one's suffering in jail. What is on their mind is not the desperate need to help these people and speak up and be their advocate. They are concerned with staying on top in this world and their own family’s protection. They are not going to put the well being of everyone close to them on the line in behalf of strangers.
If people had a safe environment to express their genuine concern for their fellow citizen's in jail-alot of people would. Which is alot more than who are now, which is almost zil. That is what I am endeavoring to do. You are probably sick and tired of hearing stories of people's rights being trampled on and people trying to change the system and not going anywhere. The existing situation is a demonstration of that. The existing situation is evidence of the ineffectiveness of every previous attempt made by collective people as agencies or other individuals.
For change to go into effect: - A problem has to be acknowledged. (Which no one denies)
- A desire for change must exist. (We have to begin caring or care again)
- It has to be addressed. (I'm addressing it)
- People in power have to be moved either willingly or by force to take more action. (I am proposing that this be done by: individuals being detained in Canada at this moment write letters documenting the treatment they are enduring going through the legal process of detainment and awaiting a trial.
Letters from all individuals who have in the past themselves gone through the Canadian legal system in a manner that you felt violated your Canadian constitutional human rights. Names will remain anonymous. Included too letters from relatives who were deeply troubled by how their loved one was mistreated that they witnessed either by hearing the cries on the telephone, being denied to touch their loved one, having to wait months for release as their entire lives fell apart including their careers, rent payments-not to mention scarred reputations. (Because I was denied the use of a pen I was not allowed to write any valid checks and my landlord was forced to give my room to another person-as I was detained on false charges)
A collection of letters will be presented to the media and members of parliament around Canada. I am looking for help in communicating with existing agencies whose desires are the same to work collectively for the same end. I was given the names of John Howard Society http://www.johnhoward.ca/jhsback.htm#Principles.
Elizabeth Fry Society http://www.web.apc.org/~kpate/caefs_e.htm
Type in "Prison Reform" into search engine for more results on other agencies.
These stories have to come out of the closet. These cries need to be broadcasted on the evening news until it stops. This is the REAL news! These are the REAL problems! These are the REAL stories! Why are these people being denied!? Holding a person in detention does not have to be this inhumane and destructive. This is Canada. I expect more from my country. This is disgusting. Our actions have made this constitution nothing more than something to roll weed in or wipe our ass with.
If you are able to help out with providing telephone #, references to MP's you may be in direct contact with, other people you can talk to or other helpful information you can provide will all be appreciated. All the MP's for Ontario are in the Blue Pages. If you know of Prison Staff who can provide more inside information or are able to provide effective email addresses.
If you are part of a church ministry and really want to help more than by giving them another sermon, than reach out a hand that they can feel right now.
If you have a loved one in jail at this moment: Request that they write out to you fact by fact the process and treatment they have and are going through. Something simple, straightforward and honest. If the name of the institution, address, dates and holding unit#, court appearances, behavior of fellow inmates/prison staff, disturbing or frightening experiences witnessed or personally endured -can be included. No names have to be mentioned. If they want to mention the charges they are facing or whether or not they are innocent is optional. They may too want to mention the repercussions of prolonged detainment such as: career effects/loss of income, alienation/shunning from relatives and previous friends out of fear or awkwardness as they are branded 'criminal', and any other damages they can reveal. When asking your friend to write out their situation, you need not have to say why in your letter, as letters are all read before they are given to the inmates, and therefore there is the possibility a letter of that nature could be denied if in question. However if on telephone you explain the details wanted in the letter-their letter will simply appear as one explaining their situation-which most letters from inmates are that way anyways. (Yes, telephone calls are monitored, but for criminal activity such as drug deals and death threats/harassment and other illegal activity. It is unlikely a letter simply talking about what they are going through will be confiscated.)
When we see homeless people and hear of frightening jail terms-it alarms us. This is the plight we are afraid might happen to us. This is a possible fate we are running from every day by immersing ourselves in our careers and engaging in distracting conversations. Lets do something about it and stop running.
If you want a chance to say you care than do something to aid this situation and keep yourself anonymous.
If we stay in silence-nothing will change. You may not care until you or someone you love is in this situation.
My email: jbigham2000@yahoo.com
