Prisoners and work.

Posted By: Linda McKay-Panos

Several years ago, the Alberta government and other provincial governments considered the introduction of Alabama-style chain gangs as a form of employment for prisoners. This action reflected a North American trend towards making the prison experience harsher, with the view that this would discourage criminal behaviour. Currently, while there would no doubt be near-universal support for the proposition that work experience is appropriate for those who are incarcerated, there is likely to be considerable disagreement over what constitutes "appropriate" work experience. It is easy sometimes to forget that prisoners are still people, but the hope that they will be able to reintegrate back into society without committing further crimes requires that correctional facilities provide them with the ability to learn better life skills. One of the main ways of accomplishing this is through employment and work programs.

The Criminal Code of Canada outlines the basic principles for sentencing. These provisions determine the length of time an offender will be incarcerated, which in turn determines whether the inmate will serve that time in a federal or provincial facility. Where an inmate is housed will determine what employment, education, and vocational training will be available to them. Section 743.3 of the Criminal Code no longer refers to hard labour being a permissible sentence. The absence of that provision implies that hard labour is no longer appropriate in Canadian correctional facilities.

There are programs for prisoners in Canadian correctional facilities, both federal and provincial. In general, each province has its own legislation and policies for many aspects of incarceration in provincial jails (e.g., Alberta Corrections Act, RA 2000, c C-29). Federal prisoners are regulated by the Corrections and Conditional Release Act, SC 1992, c 20, [CCRA] and its regulations. In addition, both types of institution are subject to human rights law, such as provincial and federal human rights legislation, the Canadian Charter of Rights and Freedoms, and international human rights instruments that Canada has ratified.

There are a number of global standards for the treatment of prisoners, and these instruments are binding on Canada. The most prominent of these are the Charter of the United Nations (UN Charter) and the Universal Declaration of Human Rights (Universal Declaration), which Canada is bound by as a full member of the United Nations. Canada is also bound by the International Covenant on Civil and Political Rights. It states that "no one shall be subjected to torture or to cruel...