Latest news with #CanadianYouthCriminalJusticeAct
CBC
19-03-2025
- Politics
- CBC
Laywer hopes for change as child and youth advocate investigates issues at Whitbourne youth detention centre
After CBC News reported on crumbling infrastructure and capacity issues at the Newfoundland and Labrador Youth Centre in Whitbourne, the province's child and youth advocate launched an investigation. But one lawyer says the problems have been known for years, and should've been addressed much sooner. Kelsie Lockyer represents survivors of institutional abuse, and works with people who lived and are living in the youth detention centre. "The materials show a shocking lack of care for youth within our criminal system, and a shocking lack of understanding of the factors that will further cause harm, rather than allowing for rehabilitation to happen," said Lockyer of documents obtained by CBC News through access-to-information legislation. Lockyer says she and other members of her firm frequently speak with people who are or have lived in the youth centre. She said they often get cold calls from people looking to report abuse or look for help, and recently spoke to a youth who had requested a camera be placed in his cell while living in the centre. "You have a youth here who is already out in a system where they have very little privacy … and they're willing to give up the tiny shred of privacy they have because they think it might protect them," said Lockyer. "That's how terrified youth are of abuses that are happening within our system currently in the year 2025." Lockyer was unable to say if that youth is a past or current resident. She said a lot of people only feel confident enough to talk about the abuse they experienced after leaving the centre. A spokesperson from the Office of the Child and Youth Advocate, Wilma MacInnis, told CBC News in a statement that Karen Gray — the acting child and youth advocate — visited the centre on Feb. 28 and arranged a meeting with the Department of Justice to discuss issues at the centre. MacInnis said Gray attended a residents' meeting at the centre to hear concerns first-hand, and they are pleased with how the meetings went. CBC News asked in a follow up email if Gray's investigation is ongoing. The office said they have plans to address the issues. They also committed to residents that they would attend more meetings when requested. In a statement, Department of Justice spokesperson Eric Humber said the department met with Gray and they've undertaken repairs of the facility. He did not disclose any other details. Lack of care Lockyer says the lack of care for the building's physical infrastructure demonstrates the lack of care for the youth residents inside. Many children are already traumatized before being placed in the centre, she said, making the facility's poor conditions all the more detrimental. "You're not able to feel cared for when you're left in those conditions," said Lockyer, adding that instead of rehabilitation, children are becoming further traumatized and pushed into criminalization. In 2003, the Canadian Youth Criminal Justice Act came into effect to try to reduce the overuse of incarceration of young people. This resulted in a decline in youth incarceration rates, but now the Whitbourne centre is facing capacity issues. Lockyer said there is supposed to be a higher bar to put youth in detention, which is a further indication that the current capacity issues are concerning. The Morris Moore law firm previously launched a lawsuit against the youth centre, and other Newfoundland and Labrador government-operated youth facilities, for sexual abuse experienced by 70 former residents between the 1970s and 1980s. The suit resulted in a $12.8-million settlement for the victims. One of the firm's lawyers, Lynn Moore, calls the Newfoundland and Labrador Youth Centre "HMP for kids," referring to Her Majesty's Penitentiary, an adult correctional facility in St. John's also facing severe infrastructural issues and a long history of problems. Jack Whalen was a victim of the centre, held in solitary confinement for 703 days between 1973 and 1977. He has lasting trauma and psychological damage as a result. But the province has a statute of limitations for civil claims from cases of assault causing bodily harm, meaning Whalen can't settle. Lockyer says she fears the youth centre's current infrastructural problems could lead to more cases of abuse. "When you're in a situation where nobody's paying attention … the ceiling, the sky is falling, and nobody's paying attention," she said. "Other people who have bad intentions are able to act on those intentions because nobody's stopping them." Lockyer says she hopes Gray's investigation will bring about positive change. "These are children who are being placed in a facility where they are having more harm done to them."
CBC
20-02-2025
- CBC
N.L. youth centre grappling with crumbling infrastructure, rodents and mould, documents reveal
A collection of emails, meeting minutes and inspection reports reveal severe infrastructural and capacity problems at the Newfoundland and Labrador Youth Centre in Whitbourne, raising concerns about safety at the province's only detention facility for minors. CBC has obtained documents dating back to January 2023 that refer to failing infrastructure, severe leaks, and the existence of mice and mould — similar to problems seen at Her Majesty's Penitentiary, the province's largest adult corrections centre. The documents suggest the disrepair is long-standing, refer to some units as "uninhabitable" and disclose concerns brought forward by youth about safety. Two youth residents have pursued legal action, according to the documents. The facility houses and provides education to young people from Grade 7 to Grade 12, who are waiting for trial or are serving time for offences. As late as December 2024, the centre reached capacity. Justice Department administrator Trudy Smith emailed Ron Walsh, the building's system manager, asking about the potential to repair one of the building's units to make more space. The facility has six units in total. Units 4, 5 and 6 have not been maintained by the Transportation and Infrastructure Department. Smith also writes that there are residents living in Units 1, 2A, 2B and in Unit 3 that must be separated by court order because of mental health and safety needs. Smith writes that not having enough space to separate residents "can make operations unsafe for youth and staff." Rising youth incarceration Adrienne Peters, a criminologist who studies youth, said the centre's disrepair is shocking, but that she's not surprised. She has tried to do research at the youth centre, but says the Justice Department has kept the door locked shut. What these documents reveal sounds similar to what's happening at HMP, but it's perhaps more concerning because it involves youth, Peters said. Peters says there has been an uptick in youth offending across the country. WATCH | Adrienne Peters says the findings are shocking but not unexpected: Mould, mice and crumbling infrastructure: Inside the crowded Whitbourne youth facility 4 hours ago Duration 3:05 The Whitbourne youth centre is filling up, and according to documents obtained through access to information, conditions inside the structure are cause for concern. As the CBC's Abby Cole reports, residents have reported that they don't feel safe. She said removing children from their community can be detrimental, but then going into an unsafe environment can increase stress levels. "What's concerning is the environments that they're then expected to spend time in," said Peters. "For some kids, it feels like survival, right?" said Peters. "I cannot imagine spending more than ... half a day in any place like that without [it] having a major impact on my health and well-being." The Canadian Youth Criminal Justice Act came into effect in 2003, with the intention of reducing the "overuse of incarceration, particularly for young people," explained Peters. Peters said during the early 2000s, research was coming out demonstrating the negative effects of incarceration on youth development. Since then, it's been in decline — until recently. "This is the first time in my life where we have to say there's a shift now, and we are seeing an increase in criminalization across the board," she said, noting researchers haven't yet pinpointed a cause. Those statistics echo a warning last fall from the Newfoundland and Labrador Teachers' Association about rising violence in schools across the province. The union cited a recent report that revealed a 29 percent increase in physical violence attacks in 2024 compared to a year prior. Peters said there could be a correlation between rising levels of violence and higher rates of youth incarceration She said schools play a huge role in a child's development and that right now, there aren't many supports in place for youth experiencing neurodevelopmental conditions or trauma. "If young people are frustrated and ... don't have the emotional regulation to go along with the feelings that they have … then violent reactions are unfortunately sometimes normative, particularly within traumatized persons," said Peters. Staff bring buckets to use the bathroom The youth centre's capacity issues have been aggravated by failing infrastructure, the documents reveal. In a December email, Smith also wrote that Unit 3 was without water, requiring staff to bring in buckets to use the bathroom. The infrastructural issues at the centre did not stop there, with a January 2023 note about water ingress through a window. "Looks like something is growing on the wall," said the work order request. The documents obtained by CBC News include meeting minutes from the centre's health and safety committee meetings. A meeting held on April 21, 2023, discusses leaks, broken locks and doors, a cracked window, dangling electrical cords, a broken water drain, a broken exhaust pipe, and heating issues. Over a year later, a meeting held on Sept. 24, 2024, discussed the exact same issues, also adding concerns about a broken security camera, an uncleaned ventilation system, and a fly infestation in one of the units. In September 2023, an inspector also found issues with roof leaks, calling them "persistent," and calling for a roof repair due to potential mould and mildew. The inspector recommended a roof replacement. Again, an inspector reported ongoing leaks on Nov. 14, 2024. Youth take legal action Shawn Hillyard, a social worker working at the centre, sent an email to Smith on Feb. 20, 2023, stating that the youth felt the living conditions in units 1 and 2 feel unsafe, "due to the structural integrity of the facility." One of the incarcerated young people, he said, had complained about water damage, mice feces and mould in the bathroom, and a broken ceiling in Unit 2. On the same day, Smith sent an email to Ron Walsh, the building's system manager, stating that two youths were pursuing legal action related to the facility's infrastructure problems. Walsh responded that "all these issues are being addressed on an ongoing basis." Over a year later, on June 27, 2024, Trudy Legge, a youth counsellor, alerted Smith again about these concerns. Legge said staff were worried about the extent of leaks in Unit 1, and said that the leaks are expanding into other rooms. On Sep. 26, 2024, Lori-Ann Byrne from the province's child and youth advocate office emailed Smith and Hillyard urging them to examine air quality due to concerns raised by youth about high temperatures during the summer months. Peters says drastic changes are needed to fix these problems. "We need to take a step back and think about the current structure of these institutions and then the funding of that as well," said Peters. She also thinks the social issues that lead to youth crime and solutions need to be examined, including community-based supports and therapeutic environments. "Individuals actually need to be able to heal and be rehabilitated," she said. "The government, I think, really needs to think about the long-term costs of not doing something sooner." In a statement, the provincial department of transportation and infrastructure told CBC News that design work for a new roof for units one through four is underway and main building roof replacement was done in three phases between 2014 and 2018. The centre's current capacity is 28, but units five and six are "unoccupied and not salvageable for use," the statement said. "A pest control contract in place that addresses rodent issues and staff conduct daily inspection checks. Also, there is regular inspection of the facility for surface mould and nothing of this nature has been detected to date," it said. The province can't speak specifically about the youth in the centre, including legal matters they may be involved in, the statement added.
