Criminal lawyer fears overcrowding is the new normal at Windsor jail

Provincial government numbers show that the South West Detention Centre ran well over capacity in 2023 and those who work directly with prisoners fear overcrowding at facilities like Windsor's has become the status quo. 

"It seems like the rule, not the exception that they're overcrowded," criminal lawyer Bobby Russon told the CBC.

According to numbers obtained by the Canadian Press through a Freedom of Information request, the Windsor jail ran at 129 per cent capacity last year, housing 337 inmates while only having room for 262. Russon said it doesn't come as a surprise.  

"It's sad because it's become their reality," Russon said when asked about how his clients at the jail feel the issue.

"They do tell us about it, but sooner or later when things aren't done about it, they stop sounding off about it."

When asked about the capacity figure, Ontario's Ministry of the Solicitor General told CBC it recognizes the need for modernization in corrections and is investing $500 million for new staff and infrastructure projects.

While the emailed response did speak about improvements being made in Thunder Bay and Kenora, there was no mention of any projects planned for Windsor.

In recent years, CBC Windsor has reported on issues with staffing at the facility, crowded cells with inmates sleeping on the ground and frequent lockdowns.

Russon says it doesn't just affect the inmates.

"It's not like the South West Detention Centre gets a 29 per cent boost in staff," he said. "It's more than 29 per cent more. The crowding has a compounding effect." 

Majority of prisoners are pretrial

According to data from 2021-2022, nearly 80 per cent of prisoners in Ontario jails are awaiting trial or bail, the Canadian Press reported.

Russon said part of the blame lies with crown prosecutors.

"There are unreasonable bail positions taken all the time in this city and other cities across this province and across this country," he said adding that it's common for someone to do months or even years of pretrial custody only to be found not guilty later in the process.

"There's no remedy for that. You don't get those days back," he said. 

"It's something that should be shockingly rare." 

Lack of resources

Alicia Sleiman is a master of social work student at the University of Windsor who is currently placed at St. Leonard's House — a 26-bed facility meant to re-integrate male offenders into the community.

She works with former inmates from the South West Detention Centre as well as other facilities across Canada.

 "I'm noticing that there definitely is a lack of resource allocation in the prisons," she said.

"They're not getting proper health care, education, rehabilitation because things are just so overcrowded it would be impossible to do things at a level that would be beneficial." 

She says she hears about bad dental care, bad health care while incarcerated along with accounts of overcrowded cells with people sleeping on the floor.

She said that a lot of the people she deals with have non-violent offences and with the rehabilitation they have done at the house have become "wonderful members of society."

"They need help and when somewhere is overcrowded like that, it's almost impossible to get proper help."