Problems Facing the Canadian Prison System

Introduction

The Harper Conservative Government (2006-2015) contributed significantly to the punitive structure of corrections that exists today. In many ways it borrowed from the US approach to criminal justice with its focus on punitive justice rather than rehabilitative or restorative justice (Webster & Doob, 2015). As a result, the Canadian prison system now faces multiple issues, such as overcrowding, lack of counsel for inmates, and segregation in the prison administration. Health problems are rampant among prisoners, many of whom have mental health issues that are not treated (Kouyoumdjian, Schuler, Matheson & Hwang, 2016). Essentially, the human rights of prisoners are often nullified, in spite of the fact that the United Nations listed ten basic principles for the treatment of prisoners that specifically focused on preserving these human rights (Office of the High Commissioner, 1990). Thus, even though the Canadian criminal justice system reserves the right under constitutional law to take away basic rights under the Charter of Rights and Freedoms from those sentenced to prison, the practice flies in the face of what the UN proclaimed in General Assembly resolution 45/111 of 14 December 1990. Instead of aligning policy with this resolution, Canada has instead oriented itself towards the American way justice, which is inherently punitive and prejudicial. This paper will describe the research findings that explain why these problems persist and discuss and analyze the findings to show whether the research is credible. The main reason for the persistence of these problems in the Canadian prison system is that the system has veered away from viewing offenders as human beings. There is a substantial lack of cultural competence among administrators and legislators, which leads to a marginalization and oppression of the prison population. The main problem in the Canadian prison system is that there is no up-to-date cultural code of ethics that regulates the system. To understand why this is, it is first necessary to examine the evidence presented by the research.

Research Findings

The culture of prison administration is different from the culture of civilian life, according to Ricciardelli, Power and Medeiros (2018). Culture can be defined as the customs, viewpoints and values that encompass social behavior and norms (Hofstede, 2011). Prison culture is the set of norms and values that persist within the corrections institution. While most of Canadian society views violence as abhorrent, it is different in corrections facilities. For instance, violence in prisons is a problem but not everyone interprets it the same way: correctional officers view violence in a much different way from the public primarily because they work in a world where violence is considered more of a norm (Ricciardelli et al., 2018). The public perceives violence differently because in their world it is not a norm. The cultural values that govern society stop at the doors of corrections, where a different set of values have taken hold, thanks to the hard-line interpretation of how to treat offenders that was fostered under the Harper government. Thus, violence persists in prisons because administrators do not attempt to create an environment in which civil values are fostered; and because prison lobbies influence the government, there is little done in the way of change. The symptom of violence is an indication of an underlying problem of cultural divergence that has to be addressed.

Ethnic culture also is a problem in the system: ethnic culture refers to the common identity of people within a particular group. Discrimination against black people, Indigenous people and other people of colour in the Canadian Justice System has been persistent because of ethnic cultural bias and racism, which in...

…rights. The justice system is punitive rather than restorative or humane. It aims to punish, and any affliction delivered to inmates is deemed justified by the fact that punishment has served as the foundation of the prison system since the days of the Harper government. That system is based on a prejudicial perspective, which paints minorities as alien and offenders as sub-human. It is this perspective that needs to change if the problems described above are to be solved. The prison culture must be transformed so as to be more sensitive to the needs of inmates. The justice system itself also needs to change so as to become aware of the ways in which ethnic prejudices prevail in the system, resulting in neglect, bias, and violence in the prisons. The negative consequences going forward if the government fails to change the system and maintains the status quo of a toxic prison system, are that prison culture will continue to deteriorate, human rights will continue to be violated, and the norms that persist in Canadian prisons will gradually filter out into Canadian society, corrupting the norms and values cherished in civilian life as well. As it is now, anything bad that happens to inmates is seen by administrators of the system and the legislators as deserved because tey have promoted a culture that is punitiverather than a culture that is humane and rooted in restorative justice. In order for the system to be fixed, it should embrace and cultivate a new culture in which people are treated fairly and with respect, as human beings who are equal. One place to start is to rethink the punitive system altogether and begin to explore alternative sentencing programs like restorative justice. Another place to start is to consider how Scandinavian countries have created a positive…