Staff shortages at Nova Scotia jails prompt Charter challenges by inmates

Inmates and guards at Nova Scotia jails can agree on one thing: there are serious health and safety issues arising from staff shortages.

The problem has become so acute that some inmates have gone to court, arguing that their Charter rights have been breached because they are being kept in their cells for far too long.

"We're very concerned about their safety when they're short-staffed like that, so it goes to show, yes, they are not able to bring inmates out as they would like, so it's difficult working conditions," said Sandra Mullen, president of the union that represents correctional officers, the Nova Scotia Government and General Employees Union (NSGEU).

There has recently been a surge in complaints about lockdowns because of staffing shortages.

Hanna Garson, a Halifax defence lawyer, says she's seen ebbs and flows in these complaints, but they're on the rise again.

Garson has represented inmates in the past, in what are called habeas corpus applications. That's the legal term for inmates challenging their confinement, including instances when the conditions of their detention have changed. Garson is part of PATH Legal, a newly formed, non-profit law firm focusing on prison law.

Litany of complaints from inmates

Garson said she's heard a litany of complaints from inmates about how much time they spend locked in their cells.

"The hours each day are inconsistent. Sometimes they're let out for one, two, three hours. Some days they're not really let out and sometimes, they're let out for less than an hour," Garson said.

"And it's not due to their own behaviour, so it's completely separate from any choices or behaviours that they demonstrated. It's due to staffing shortages or some kind of resourcing issue at the correctional facility."

Garson said there was an increase in complaints due to the lockdowns imposed by COVID-19, but she said now she's seeing a resurgence that can only be attributed to the staffing shortages.

"I think the conditions of confinement and the conditions of employment are inseparable to a degree," Garson said.

Mullen said she's been raising the issue of staffing levels at the jails with the government for months. She said new people have been hired, but that influx has been somewhat offset by experienced officers getting out of the business.

High-stress work environment

She said there is demand in "every sector" in the province and if employees "are not happy with what they're seeing at the facility" they're looking for other jobs.

"I'm hearing that the wage offered at Costco is very similar to what the wage offer is starting out at the facilities," Mullen said.

Mullen also worries that new trainees lack the experience to deal with the complex and highly stressful environment in the jails. She also notes that the current contract for correctional officers doesn't expire until next year and it will be difficult to make improvements in working conditions until the next round of negotiations.

Mullen said she would like to see the elimination of government red tape that would make it possible for retired correctional officers to return to work as a stopgap measure.

Garson said government staffing issues should not trump prisoners' rights.

"What are government obligations and when are resourcing shortages acceptable to essentially torture people, or deny them significant human rights," Garson asked.