A Supreme Court judge struck down the state of Newfoundland and Labrador’s largest prison in a ruling released Wednesday, granting an offender extra time off his sentence for living in “harsh conditions” and noting many more cases where he was offered credit to the inmates because of the building. deficiencies. Jonathan Slade pleaded guilty to two counts of robbery and three counts of breaching a probation and parole order. He has already served 467 days in custody, many of them at Her Majesty’s Penitentiary (HMP), the Victorian-era institution in St. John’s. The facility has long been plagued by criticism. It was the subject of two government reports that investigated prison conditions and several suicide deaths that occurred within its walls. During COVID-19, according to testimony included in the Supreme Court ruling, the environment only worsened. Judge Glen Noel noted that Slade, 27, has multiple mental health diagnoses including ADHD, PTSD and bipolar disorder, as well as permanent physical disabilities from car accidents. These injuries, Noel wrote, left Slade incontinent and in pain. Slade claimed he was confined for several periods without recreational time, forced to use the bathroom in cells without doors, and unable to attend programs or see a psychologist regularly. He also contracted COVID-19 in prison in March. One of the cells in Her Majesty’s Penitentiary at St. John’s, which does not allow for privacy when inmates use the restroom. (CBC) “Mr. Slade’s mental and physical illness predisposed him to adverse effects compared to a person without his disabilities,” Noel wrote, noting that Slade also had suicidal ideation. Slade saw a psychologist five times over a 20-month period and was unable to access any rehabilitation programs such as addiction treatment. He was often confined to his wing with no access to open spaces. “There are no common areas or recreation areas, so he has to walk back and forth in the narrow corridor of the cells, often blocked by the open doors of the prisoners’ cells that protrude into the corridor,” Noel wrote. “I find that such restrictions would have caused Mr Slade reduced mobility and increased pain.” Due to his injuries, Slade was also wearing protective underwear, making him an easy mark for abuse. “He was very embarrassed by his lack of privacy and his inability to use these hygiene products [discreetly]”, said the justice. “He was the target of taunts from other inmates, even at times, from the guards. I feel this would have had a particularly profound effect on Mr. Slade’s mental health struggles.” Slade also pointed to hygiene problems inside the penitentiary, describing unflushed toilets, mold on the walls and rat infestations so bad that the rodents often climbed into inmates’ beds at night. “I find it unacceptable and unacceptable that Mr Slade had to endure some aspects of the conditions he describes at HMP,” Noel wrote. Slade received credit for 180 days served, reducing his four-year sentence. Other judges have applied the rule. In one case, an inmate was held in a temporary facility for 60 days during a COVID-19 lockdown. This inmate was given an additional 60 days. Another offender earlier this year was offered a 45-day credit – called the “Duncan” credit, which can be applied when offenders are unduly harmed while in custody – due to contracting COVID-19 while in custody . Defense counsel listed several other recent applications of the credit in Newfoundland and Labrador. The Department of Justice announced in 2019 that it would build a new penitentiary to replace the 150-year-old facility. It is expected to be built within the next three years. Read more from CBC Newfoundland and Labrador
