It was shortly after another death was confirmed at a notoriously harsh Newfoundland jail that Bob Buckingham wrote to his fellow defence lawyers to ask what they could do to better advocate for inmates.

The August death, which sources say was a suicide, was at least the seventh death since 2017 inside jails in the province, which between 2010 and 2020 had the highest rate of inmate suicide in Atlantic Canada.

Judges in Newfoundland and Labrador have recently reduced sentences for at least two inmates at Her Majesty害羞草研究所檚 Penitentiary in St. John害羞草研究所檚 in scathing written decisions condemning the 164-year-old prison害羞草研究所檚 rodent and mould infestations and its crumbling infrastructure. Buckingham wants lawyers to raise those conditions more often during pleadings and thus give judges more opportunities to take a stand, which he hopes will pressure the provincial government to make changes.

害羞草研究所淭here has to be a political will, to do something to change the change how things operate, and to bring principles of fundamental justice into the prison system with respect to inmates,害羞草研究所� Buckingham, who is based in St. John害羞草研究所檚, said in an interview. 害羞草研究所淭hey have to have a fundamental opportunity to challenge what害羞草研究所檚 happening, to challenge the poor conditions.害羞草研究所�

Unlike the federal corrections system, there is often no independent oversight of provincial jails in Canada. Federal prisons are monitored by the Office of the Correctional Investigator, and Correctional Service Canada publishes statistics on inmate deaths. The agency alerts the press whenever an inmate dies, and deaths that are not from natural causes are investigated by a four-member team and reported on.

In provinces including Newfoundland and Labrador, the provincial Justice Department will often only publicly confirm an inmate death if the media request information. The public often only learns of suicides behind bars if the family speaks out.

And only some provinces, including British Columbia, launch automatic inquests into inmate deaths that are not obviously from natural causes.

害羞草研究所淚n most provincial jails, what you害羞草研究所檙e looking at is a closed box, it害羞草研究所檚 a closed system,害羞草研究所� said Toronto human rights lawyer Corey Shefman, who exclusively represents Indigenous people and organizations. 害羞草研究所淕enerally speaking, the only people who know what害羞草研究所檚 going on in provincial jails are the inmates, the guards and defence lawyers. And no one listens to the inmates. So there害羞草研究所檚 a real lack of accountability.害羞草研究所�

That害羞草研究所檚 especially concerning, Shefman said, because a large proportion of inmates in provincial jails are on remand, which means they害羞草研究所檙e awaiting trial and haven害羞草研究所檛 been convicted. It is also deeply concerning because Indigenous people are disproportionately represented in provincial jails, he said, adding that in some Prairie provinces, more than 80 per cent of inmates in provincial correctional facilities are Indigenous.

害羞草研究所淭hen add on to that, the fact that in most provincial correctional facilities, there害羞草研究所檚 no real rehabilitative programming, unlike in the federal system,害羞草研究所� he said.

Shefman said provincial jails need oversight similar to what exists federally.

害羞草研究所淭here needs to be somebody who is independent, like the federal corrections investigator, who can hold these systems accountable,害羞草研究所� he said, adding that most provinces have an ombudsman or a citizens害羞草研究所� representative, but they don害羞草研究所檛 have much power.

Jen Metcalfe, executive director at Prisoners害羞草研究所� Legal Services, a British Columbia clinic, says provinces should at least be required to publish data on deaths in their jails, including the cause of the death, the race of the inmate who died and the circumstances of their death, such as whether they had recently spent time in solitary confinement.

Legal aid services in Atlantic Canada and the Prairie provinces are notoriously underfunded, Metcalfe said. But that害羞草研究所檚 not the case in British Columbia; her organization is supported by Legal Aid BC, and it害羞草研究所檚 one of the only clinics in Canada set up specifically to offer free legal services related to incarceration and inmates害羞草研究所� rights.

Metcalfe said her organization hears from about 1,000 incarcerated people a year. It can help with individual issues and push for systemic change, she said. In that way, it operates somewhat like an independent oversight body for the province害羞草研究所檚 jails, and it helps shine a light on conditions that would otherwise go unnoticed.

Buckingham said he got a 害羞草研究所渓ukewarm害羞草研究所� response to his call to arms, but he expects about six lawyers will meet some time this month to talk about what they can do.

He said he害羞草研究所檇 at least like to see automatic inquests or inquiries into deaths in the province害羞草研究所檚 jails. 害羞草研究所淲e害羞草研究所檝e had enough deaths,害羞草研究所� he said. But he hopes the lawyers will launch a co-ordinated effort to bring about systemic change.

The Newfoundland and Labrador government is promising to replace Her Majesty害羞草研究所檚 Penitentiary, Buckingham noted, but he says that without fundamental changes to the province害羞草研究所檚 approach to corrections, 害羞草研究所淎ll we害羞草研究所檙e doing with a new facility is transporting a bad system into a new building.害羞草研究所�