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Child and Youth Advocate says Pepper Spray is used far too often in Alberta Young Offender Centres

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Office of the Child and Youth Advocate Alberta

From the office of Alberta’s Child and Youth Advocate

Child and Youth Advocate releases special report on OC spray and segregation in Alberta’s young offender centres

Alberta’s Child and Youth Advocate has completed a special report on oleoresin capsicum spray (OC spray, commonly referred to as pepper spray) and segregation in young offender centres.

The Advocate is making four recommendations related to reducing the use of OC spray and segregation as well as increasing accountability measures.

“Young people in custody often have complex needs and may present with difficult and challenging behaviours,” said Del Graff, Child and Youth Advocate. “It is imperative that the Young Offender Branch explores approaches to improve the health and well-being of young people while ensuring a safe environment for everyone. I sincerely hope the recommendations from this report will be quickly acted on to improve the circumstances for youth in custody.”

From January to March 2019, the OCYA received input from over 100 stakeholders through community conversations and one-to-one interviews. Young people, youth justice stakeholders, and community stakeholders shared their perspectives and experiences.

The purpose of this report is to provide advice to government related to improving the safety and well-being of young people in custody.

A copy of the report: “Care in Custody: A Special Report on OC Spray and Segregation in Alberta’s Young Offender Centres” is available on our website:

http://www.ocya.alberta.ca/adult/publications/ocya-reports/

The Child and Youth Advocate has the authority under the Child and Youth Advocate Act to complete special reports on issues impacting children and youth who are receiving designated government services. This is the Advocate’s fourth special report.

The Office of the Child and Youth Advocate is an independent office of the Legislature, representing the rights, interests and viewpoints of children and young people receiving designated government services.

Executive Summary

In 2016, the Young Offender Branch, Ministry of Justice and Solicitor General, changed its policy, making it easier for correctional peace officers to use OC spray on incarcerated young people. Since then, the use of OC spray in youth justice facilities has steadily increased. By inflicting pain to control behaviour, the use of OC spray can damage relationships with youth justice staff, undermine rehabilitation efforts, and further traumatize young people.

The use of segregation in young offender centres is also a concern, as it can result in physical, psychological, and developmental harm to young people. Segregation is occurring without sufficient guidelines and safeguards to protect the well-being of young people. The current use of segregation undermines the Youth Criminal Justice Act’s (YCJA) principle of rehabilitation and reintegration. If segregation must occur for safety reasons, it should be short-term and must include meaningful interactions, mental health supports, and programming.

Further, complaints and review processes at young offender centres must be transparent and strengthened so that young people can challenge decisions without facing repercussions. They have the right to be supported through those processes by a person such as an advocate. Public reporting will also help ensure accountability and promote fair treatment of young people in custody.

Increased accountability changes behaviour and choices. Under the old policy, when the tactical team had to be called to use OC spray in youth justice facilities, it was only deployed once in approximately four years. Since correctional peace officers have been able to carry and use OC spray, it has been used on young people 60 times in the last three years. In the last four weeks of finalizing this report, OC spray was used 10 times.  This example is alarming and highlights the importance and timeliness of this report.

The treatment of young people in custody should uphold their human rights, in alignment with the United Nations Convention on the Rights of the Child (UNCRC).The current use of OC spray and segregation contradict the intention of the UNCRCand other United Nations rules and conventions.1 The Advocate urges the Young Offender Branch to review its policies and practices to ensure they align with the goals of its legislation and support the human rights of the young people they serve.

The Advocate is making the following four recommendations:

  1. OC spray should only be used in exceptional circumstances, if there is an imminent risk of serious physical harm to a young person or others.
  2. The Young Offender Branch should review and update their policies and standards to reduce the number of hours a young person can be segregated, ensure that they receive appropriate programming and supports, and improve conditions within segregation.
  1. The Young Offender Branch should develop an impartial complaints and review process for young people. An impartial multi-disciplinary committee that includes external stakeholders should hear complaints and reviews, and young people should have access to a supportive adult.
  2. The Young Offender Branch should monitor and publicly report all incidents of OC spray use and segregation annually.

After 15 years as a TV reporter with Global and CBC and as news director of RDTV in Red Deer, Duane set out on his own 2008 as a visual storyteller. During this period, he became fascinated with a burgeoning online world and how it could better serve local communities. This fascination led to Todayville, launched in 2016.

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Alberta

Alberta’s grand bargain with Canada includes a new pipeline to Prince Rupert

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From Resource Now

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Alberta renews call for West Coast oil pipeline amid shifting federal, geopolitical dynamics.

Just six months ago, talk of resurrecting some version of the Northern Gateway pipeline would have been unthinkable. But with the election of Donald Trump in the U.S. and Mark Carney in Canada, it’s now thinkable.

In fact, Alberta Premier Danielle Smith seems to be making Northern Gateway 2.0 a top priority and a condition for Alberta staying within the Canadian confederation and supporting Mark Carney’s vision of making Canada an Energy superpower. Thanks to Donald Trump threatening Canadian sovereignty and its economy, there has been a noticeable zeitgeist shift in Canada. There is growing support for the idea of leveraging Canada’s natural resources and diversifying export markets to make it less vulnerable to an unpredictable southern neighbour.

“I think the world has changed dramatically since Donald Trump got elected in November,” Smith said at a keynote address Wednesday at the Global Energy Show Canada in Calgary. “I think that’s changed the national conversation.” Smith said she has been encouraged by the tack Carney has taken since being elected Prime Minister, and hopes to see real action from Ottawa in the coming months to address what Smith said is serious encumbrances to Alberta’s oil sector, including Bill C-69, an oil and gas emissions cap and a West Coast tanker oil ban. “I’m going to give him some time to work with us and I’m going to be optimistic,” Smith said. Removing the West Coast moratorium on oil tankers would be the first step needed to building a new oil pipeline line from Alberta to Prince Rupert. “We cannot build a pipeline to the west coast if there is a tanker ban,” Smith said. The next step would be getting First Nations on board. “Indigenous peoples have been shut out of the energy economy for generations, and we are now putting them at the heart of it,” Smith said.

Alberta currently produces about 4.3 million barrels of oil per day. Had the Northern Gateway, Keystone XL and Energy East pipelines been built, Alberta could now be producing and exporting an additional 2.5 million barrels of oil per day. The original Northern Gateway Pipeline — killed outright by the Justin Trudeau government — would have terminated in Kitimat. Smith is now talking about a pipeline that would terminate in Prince Rupert. This may obviate some of the concerns that Kitimat posed with oil tankers negotiating Douglas Channel, and their potential impacts on the marine environment.

One of the biggest hurdles to a pipeline to Prince Rupert may be B.C. Premier David Eby. The B.C. NDP government has a history of opposing oil pipelines with tooth and nail. Asked in a fireside chat by Peter Mansbridge how she would get around the B.C. problem, Smith confidently said: “I’ll convince David Eby.”

“I’m sensitive to the issues that were raised before,” she added. One of those concerns was emissions. But the Alberta government and oil industry has struck a grand bargain with Ottawa: pipelines for emissions abatement through carbon capture and storage.

The industry and government propose multi-billion investments in CCUS. The Pathways Alliance project alone represents an investment of $10 to $20 billion. Smith noted that there is no economic value in pumping CO2 underground. It only becomes economically viable if the tradeoff is greater production and export capacity for Alberta oil. “If you couple it with a million-barrel-per-day pipeline, well that allows you $20 billion worth of revenue year after year,” she said. “All of a sudden a $20 billion cost to have to decarbonize, it looks a lot more attractive when you have a new source of revenue.” When asked about the Prince Rupert pipeline proposal, Eby has responded that there is currently no proponent, and that it is therefore a bridge to cross when there is actually a proposal. “I think what I’ve heard Premier Eby say is that there is no project and no proponent,” Smith said. “Well, that’s my job. There will be soon.  “We’re working very hard on being able to get industry players to realize this time may be different.” “We’re working on getting a proponent and route.”

At a number of sessions during the conference, Mansbridge has repeatedly asked speakers about the Alberta secession movement, and whether it might scare off investment capital. Alberta has been using the threat of secession as a threat if Ottawa does not address some of the province’s long-standing grievances. Smith said she hopes Carney takes it seriously. “I hope the prime minister doesn’t want to test it,” Smith said during a scrum with reporters. “I take it seriously. I have never seen separatist sentiment be as high as it is now. “I’ve also seen it dissipate when Ottawa addresses the concerns Alberta has.” She added that, if Carney wants a true nation-building project to fast-track, she can’t think of a better one than a new West Coast pipeline. “I can’t imagine that there will be another project on the national list that will generate as much revenue, as much GDP, as many high paying jobs as a bitumen pipeline to the coast.”

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Alberta

Albertans need clarity on prime minister’s incoherent energy policy

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From the Fraser Institute

By Tegan Hill

The new government under Prime Minister Mark Carney recently delivered its throne speech, which set out the government’s priorities for the coming term. Unfortunately, on energy policy, Albertans are still waiting for clarity.

Prime Minister Carney’s position on energy policy has been confusing, to say the least. On the campaign trail, he promised to keep Trudeau’s arbitrary emissions cap for the oil and gas sector, and Bill C-69 (which opponents call the “no more pipelines act”). Then, two weeks ago, he said his government will “change things at the federal level that need to be changed in order for projects to move forward,” adding he may eventually scrap both the emissions cap and Bill C-69.

His recent cabinet appointments further muddied his government’s position. On one hand, he appointed Tim Hodgson as the new minister of Energy and Natural Resources. Hodgson has called energy “Canada’s superpower” and promised to support oil and pipelines, and fix the mistrust that’s been built up over the past decade between Alberta and Ottawa. His appointment gave hope to some that Carney may have a new approach to revitalize Canada’s oil and gas sector.

On the other hand, he appointed Julie Dabrusin as the new minister of Environment and Climate Change. Dabrusin was the parliamentary secretary to the two previous environment ministers (Jonathan Wilkinson and Steven Guilbeault) who opposed several pipeline developments and were instrumental in introducing the oil and gas emissions cap, among other measures designed to restrict traditional energy development.

To confuse matters further, Guilbeault, who remains in Carney’s cabinet albeit in a diminished role, dismissed the need for additional pipeline infrastructure less than 48 hours after Carney expressed conditional support for new pipelines.

The throne speech was an opportunity to finally provide clarity to Canadians—and specifically Albertans—about the future of Canada’s energy industry. During her first meeting with Prime Minister Carney, Premier Danielle Smith outlined Alberta’s demands, which include scrapping the emissions cap, Bill C-69 and Bill C-48, which bans most oil tankers loading or unloading anywhere on British Columbia’s north coast (Smith also wants Ottawa to support an oil pipeline to B.C.’s coast). But again, the throne speech provided no clarity on any of these items. Instead, it contained vague platitudes including promises to “identify and catalyse projects of national significance” and “enable Canada to become the world’s leading energy superpower in both clean and conventional energy.”

Until the Carney government provides a clear plan to address the roadblocks facing Canada’s energy industry, private investment will remain on the sidelines, or worse, flow to other countries. Put simply, time is up. Albertans—and Canadians—need clarity. No more flip flopping and no more platitudes.

Tegan Hill

Tegan Hill

Director, Alberta Policy, Fraser Institute
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