Judges say chronic staffing shortages plaguing N.S. jail must be addressed

Nova Scotia judges are expressing frustration with conditions at the province's main jail, the Central Nova Scotia Correctional Facility (CNSCF) in Dartmouth.

Several inmates at the facility, better known as the Burnside Jail, have filed habeas corpus applications with the courts, saying they have been locked in their cells for so long, their constitutional rights have been violated.

The lockdowns were not due to anything the individual inmates did, but rather, to chronic staffing shortages at the jail, which means there aren't enough guards to supervise the inmates when they're out of their cells.

The union representing correctional staff agrees that there is a serious staffing issue, which has in turn led to a slew of new habeas corpus applications.

So far, judges have accepted arguments from lawyers for the provincial government that the staffing shortages are behind the lengthy lockdowns and rejected the applications.

However, in a decision from June 26 in the case of inmate Thomas Downey, Justice Christa Brothers signalled that the courts' patience may not last forever.

"If creative and effective measures to hire and retain staff are not pursued, there may come a day when, in a suitable procedural context, the court can provide some form of remedy," Justice Brothers wrote.

"Reluctantly, I have no choice but to dismiss Mr. Downey's application," she concluded.

The word "reluctantly" appeared in three decisions issued by Monday by Justice Joshua Arnold when he rejected the applications of three inmates.

'There is a significant problem'

In the case of one inmate, William Semple, Justice Arnold offered a succinct overview:

"There is a significant problem at the Central Nova Scotia Correctional Facility.  It is seriously understaffed.  As a result, the inmates have been subject, off and on, to rotational lockdowns for months.  Whether on a general population range or on a protective custody range, because of the chronic staffing shortages, all inmates are subject to close confinement for significant periods of time.  The rotational lockdowns create havoc with the daily schedule.  Inmates do not know if or when they will be released from their cells.  Programming has been impacted, but not cancelled completely.  Calls to lawyers have been impacted.  Visitation has been impacted.  Meals have been impacted.  Tensions are high.  Inmate-on-inmate intimidation and violence, as well as inmate-on-staff intimidation, abuse and violence, leads to more lockdowns and more staffing shortages."

Justice Arnold was sympathetic to Semple's complaint that inmates like him, who don't cause trouble, are being unfairly kept in their cells. However, the judge said this court process is not the way to go.

"I simply cannot provide a remedy to Mr. Sempie under the writ of habeas corpus," Justice Arnold wrote.  

"However, by way of obiter dicta, I can state that what Mr. Sempie describes, that pushier and more demanding inmates are getting more unlock time than cooperative inmates like Mr. Sempie, is problematic and should be addressed by staff at the CNSCF.

Province says fixing staffing issues a 'priority'

Not all judges are voicing such concerns. In May, Justice Jamie Campbell rejected a habeas corpus application filed by inmate Dakoda Foeller, who complained he wasn't getting enough time to consult a lawyer or avail himself of rehabilitation services and programs.

"The lockdown that was implemented was both reasonably required and reasonably implemented," Justice Campbell wrote.

"The deprivation of liberty has been frustrating for Mr. Foeller and others, but it has been limited. This is not the proper forum to address policy issues like rehabilitation services or funding issues that relate to the governments resources of Correctional Services."

In another decision Justice Campbell issued in May, in the case of the habeas corpus application by Jonathan Rex Jennings, the judge stated that the jail has the legal authority to impose the lockdowns.

"It is a very bad situation," Justice Campbell wrote.

"Staffing issues appear to be endemic in many sectors of the economy since COVID-19 struck. Many businesses struggle to find enough people to work. They respond in different ways. Within a correctional facility there are limited ways to respond given the concerns about safety and security. Inmates have felt the impacts."

Campbell's position was echoed by a statement the Justice Department issued Monday in response to questions about the habeas corpus complaints.

"Correctional Services, like other employers, is facing staffing challenges," the statement reads in part. "While recruitment is an ongoing process, we are working on other workforce initiatives to help improve staffing in our correctional facilities. This work is a priority for the department."

MORE TOP STORIES