Back on the chain gang

BY JAMES MORTON, OTTAWA CITIZEN MAY 30, 2011

The Ontario Progressive Conservatives propose that prisoners in provincial institutions be forced into work gangs. Tim Hudak, Progressive Conservative leader, said the work program of up to 40 hours a week should be mandatory. He said prisoners will be required to pick up garbage and trash along roadsides and clean up graffiti, among other things.

The plan has a superficial appeal.

There is a basis for saying, as Hudak does, that criminals ought to "give back" to society. In fact, community service is a term often employed in sentencing some criminals, particularly those whose offences are fairly minor or who are first time offenders.

Moreover, many Canadians believe that prison is too soft -and Hudak played to that view by saying the days of provincial inmates watching HD TV and participating in yoga classes are over.

The trouble is that the proposal is not well thought out and amounts to nothing more than political grandstanding.

First, there are some programs now for prisoners to do work outside prison now -usually park maintenance. Such positions are eagerly sought and only model prisoners are allowed to participate. Being allowed to work outside prison is a privilege and given as a reward for good behaviour. This makes sense from a rehabilitation standpoint.

Many prisoners have chaotic lifestyles and are unused to working. Making outside work a privilege encourages them to think about work as a positive thing. Hudak's proposal, which makes working a further penalty, stigmatizes work and discourages prisoners from working once released.

Work, training and education in prison should be focused on rehabilitating prisoners. Victor Hugo said: "He who opens a school door, closes a prison." All prisoners in provincial prisons will be released in two years or less -we should ensure that they come out of prison better than when they enter.

Second, a more practical problem with the work crew concept is that it is dangerous, costly and takes work away from law-abiding Canadians.

One of the main reasons only model prisoners are allowed to work outside prison now is security. Violent prisoners who are not behaving in prison are likely to be significant security threats when outside prison. Canada puts dangerous people in prison to separate them from society so they cannot do any more harm. Having dangerous prisoners walking the verges of highways with spikes to pick up trash hardly seems like a good idea. The mind boggles at putting such work gangs into downtown areas or apartment blocks for the purpose of removing graffiti.

The only practical way to have work gangs operate is with shackles (that is as a chain gang) and heavily guarded. The guards must, of course, be armed and will no doubt receive special incentive pay. The costs, both financial and moral, of chain gangs in Ontario are grossly out of proportion to any possible benefit.

Another negative is that having prison labour takes jobs away from non-criminals. The people who presently do road maintenance work hard, are not criminals and should not have their jobs taken away for a political purpose.

Finally, the concept that Canadian prisons are too soft is simply wrong. Canadian prisons are not pleasant.

No one who has been inside a Canadian prison would think it is a place for relaxation -Canadian prisons punish. That is, of course, one of the purposes of prison.

But the need for punishment does not mean there cannot be work opportunities in prison. Prison should try rehabilitate and work opportunities for prisoners are an excellent idea.

Until last year there were prison farms across Canada. The farms were secure and turned out reformed inmates; the rate of recidivism for prisoners who worked in prison farms was far lower than the average. The farms saved taxpayer money by producing food without costing jobs for law abiding Canadians. Unfortunately, because of politics, the federal Conservatives closed those farms. If Hudak wants to make a productive proposal he could suggest such farms be attached to Ontario jails.

The criminal justice system is inevitably an emotional issue. That is precisely why criminal justice proposals must be viewed dispassionately and with a view to ensuring they are effective and not merely emotionally appealing. Work gangs fail that test.

James Morton teaches evidence at Osgoode Hall Law School of York University and is a past president of the Ontario Bar Association. He ran for the Liberal party in Oshawa in the last federal election. The views expressed are his own.

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