Ontario community fights prison privatization

A front-line activist report from Citizens Against Private Prisons

By: Jim Fraser

  On September 12th 1996 the Ontario Ministry of Corrections under the Conservative government of Premier Mike Harris announced their Adult Infrastructure Renewal Project (AIRP), which would close about 26 older jails, detention centres, and correctional centres, and centralize the inmate population within newly constructed superjails. Some facilities would receive retrofits.
  The two new superjails would be located in the eastern Ontario town of Lindsay, and in Penetanguishene, a picturesque small town on the south shore of Georgian Bay. Each superjail would be a U.S. designed, state-of-the-art 1,200 bed maximum security facility chock full of electronic monitoring and promising the very best infrastructure. Penetanguishene town council fought hard and was pleased to be awarded as host of a facility which would include many good paying government jobs, and provide economic opportunities and spin-offs around the town and indeed the County of Simcoe. The decision to host the superjail was also based upon government accountability, and an excellent record of professionalism and safety by well trained provincial Correctional Officers all across Ontario's prisons. The quaint town that was heavily visited by tourists would remain safe and secure.
  Corrections minister Runciman then blindsided the town by announcing he favoured giving the operation of one or both of the superjails to the private prison companies, a milestone in Canadian operations of adult Canadian prisons. Only New Brunswick has experimented for a brief time with a privately operated prison. That prison is now back under provincial regime.
  Then came the now infamous Youngstown, Ohio, private prison fiasco. Nearly two years ago, Minister Runciman announced that none of the superjails would not be privately run. "There are a whole range of issues around privatization that have not been properly addressed, and public safety is No. 1. There were some issues raised in the United States recently regarding private operations that raised a number of concerns," said Runciman. Those concerns were largely caused by problems at the Northeast Ohio Correctional Centre in Youngstown, Ohio, run by Corrections Corporation of America (CCA), the largest private prison operator in the U.S. In the first two years of that facility's operation, two prisoners were murdered, at least 14 others were stabbed, and six prisoners, including five convicted murderers, escaped.
  Enter new corrections minister Robert Sampson. The new minister of Correctional Services was none other than the previous Minister of Privatization, and before that in private life an executive with Chase-Manhattan Bank of Canada. It was obvious Mr. Sampson would be bringing in his big business connections and begin a sellout of Ontario's correctional services. In November 1999 minister Sampson announced the Penetanguishene superjail would be private, and the twin facility in Lindsay publicly operated. His rationale was to let the two facilities compete with each other to see who would deliver services more efficiently. Incidentally, Lindsay is in the riding of Tory MPP Chris Hodgson, chair of Management Board of Cabinet, and one of Premier Harris' closest associates. Penetanguishene is home to Tory backbencher Garfield Dunlop.
  A concerned group of citizens from in and around Penetanguishene formed "Citizens Against Private Prisons", commonly known as CAPP - (www.capp.50megs.com). This rapidly expanding membership of folks from all walks of life and political stripes is chaired by Sharon Dion, a local business owner and resident of Penetanguishene. CAPP now has many members across Ontario, and indeed Canada, folks who are concerned Mike Harris and other neo-right-wingers will announce their community correctional facilities will too be privatized. With the Walkerton tragedy in mind, Ontarians like never before are realizing there are roles that only governments can play, that corporate profits have no place when public safety and security are on the line.
  On March 28, 2000, more than 800 people marched down Main Street in Penetanguishene to show their opposition to the privatization of the superjail. According to CAPP chair Sharon Dion, the walk did more than just show disapproval, it brought neighbouring communities closer together.
  CAPP was making media headlines, and making waves across the nation and in the U.S. In fact, a letter dated Feb. 29, 2000 to Ontario Premier Mike Harris, Ohio State Senator Robert F.Hagan wrote: "Ohio's experience with private prisons has been to date... wholly regrettable... Given my district's history with private prisons and reports of similar events at other private prisons in the United States, I would respectfully urge you to reconsider your position on the construction of a private prison in the Province of Ontario."
  A packed town hall meeting in Penetanguishene in April 2000 exposed minister Sampson's lack of knowledge in correctional issues (he had a whopping 3 months exposure to corrections!) as well as an unbending right-wing philosophy of the superior virtues of privateers over publicly operated services. Mr. Sampson would have been better off staying home that night. All he could say was there would be "strict regulations" that privateers would have to follow. He promised the town would be have input in every aspect of the request for qualifications (RFQ). He even stated, "If those private operators cannot make the guarantees I demand, then I'll stick with publically operated jails!" Over one thousand concerned citizens booed him out of Brian Orser Hall that night.
  In late summer 2000 the ministry announced the release of the Request For Proposals (RFP) for the Penetanguishene superjail had been delayed for at least a month. The RFP was due to be released on October 31. The Ministry of Correctional Services release stated that the RFP was being delayed "to ensure that a rigorous and thorough review of all submissions is completed." Other sources indicate that no qualified bidders were actually coming forward to participate. Sharon Dion was wary of the announcement. "I feel that this is merely a Ministry stall tactic to relax the standards to assist the private companies," Dion said. "The Ministry didn't even bother to inform the Town Council about this development. Our councillors had to find out from other sources."
  When the RFP was finally released in late 2000, it was not welcomed with open arms by Penetanguishene's town council. At the council meeting on Wed. Jan. 10, 2001, elected officials had their first look at the bidding document being used to privatize the superjail. Although more meetings are being scheduled to examine the RFP document, council's initial reaction to the paper was one of shock and anger. Councillors quickly came to the realization that many items that the Ministry promised would be in the RFP were missing. Now the town has to decide how to proceed in light of these omissions. Items missing from the RFP document have elected officials bewildered. Items missing from the RFP include the requirement for the operator to carry insurance, staff training for special circumstances, the institutional catchment area, library services and the provision of staff facilities. Over and above these missing items, the two greatest areas of concern are the tax issue, and the lack of an inmate discharge plan.
  Back in April, Corrections Minister Rob Sampson promised the town (in front of nearly 500 witnesses) that the private company would have to pay commercial business taxes instead of the $75.00 per bed levy that a public institution would pay. Well it appears that Sampson lied. The difference represents a huge monetary loss to the town. "We would accept the $75.00 per bed for a publicly-run institution because we know that 300 well-paid public service jobs would be coming to our town," said Penetanguishene Deputy Mayor Randy Robbins. "That won't be the case with a private employer." The inmate discharge plan was another provision that the town was adamant about. Penetanguishene officials wanted to ensure that inmates were not released directly into their area, as the town does not have the social service resources to cope with the increased use. The Ministry promised (again) that inmates would be transported from the area prior to release. Is that provision included in the RFP? Nope.
  To make matters even worse councillors have now found out that they've been lied to about the on-site government monitoring. Having an on-site government monitor at the superjail at all times was the Ministry's main weapon to combat any safety and operational concerns. Privatization front man Brian Low told Penetang officials last week that the "24 hours a day, 7 days a week" monitoring the Ministry promised doesn't quite mean that. Low admitted that Ministry staff would NOT be at the facility at all times. Instead, they would be on call. Predictably, this did not sit well with the town council. Randy Robbins, Deputy Mayor of Penetanguishene, was incredulous. "You mean to tell me," Robbins said to Low, "that a company, who could be just one incident away from getting fined, is supposed to call the Ministry and tattle on themselves if there is an incident? You've got to be kidding."
  The Ontario Ministry of Correctional services is indeed opening up Pandora's box for all Canadians. There are some very controversial issues at stake. Is privatizing corrections legal? Ontario's correctional Officers are Peace Officers with police powers. Constitutional lawyers at Queen's Park are currently researching this issue and, although their final opinion has yet to be formulated, areas of concern have already been identified. There are moral issues- should the state sell the responsibility of delivering justice by taking away a person's freedom and selling it to the highest bidder? And what about the profit motive- prison privateers have a vested interest in providing maximum dividends to it's shareholders, which inevitably means cutting corners, by paying "guards" low wages, minimalize training, reduce staffing levels, and eliminate inmate programming. This translates into staff ill-prepared to deal with the very serious and harsh issues inside a prison. It also guarantees a higher inmate recidivism rate (rate of re-offend) which the privateers obviously favour. The more inmates in custody, the more profit to the shareholders. Private prison companies are at the forefront of lobbying politicians for mandatory and much stiffer sentencing. It keeps their jails full.
  Another big question is how do private prisons operated by an American company in Canada fit into NAFTA. Our preliminary research suggests once the privateers are here, we're stuck with them... and to kick them out would be financially impossible. The penalties to break a contract are simply, impossible for any level of government to pay.
  The U.K., Australia, New Zealand, and most U.S. states have a very negative opinion of Dungeons-for-Dollars. Alberta's Conservative Premier Ralph Klein considered and declined to privatize his correctional facilities. CAPP receives data daily illustrating the horrendous failures and costs to the public when the prison profiteers come calling in their neighbourhoods. Public prison lobbyists from America and UK have come to Ontario and met with CAPP and other concerned groups. Brian Dawe, Director of Operations of Corrections USA, ( www.cusa.org), an organization representing about 95,000 Correctional Officers in the U.S., Canada, and England, stated during his visit, "Privatization would be a disaster for Ontario's Correctional Services."
  Stephen Nathan of Private Prisons Report International based in London, England (cgi.www.penlex.org.uk/pages/prtprep.html) has made the trip across the pond to ponder Ontario's ideological dilema. He too is baffled as to why a supposedly responsible government would engage in a proven disasterous undertaking.
  Today CAPP is largely ignored by the Mike Harris Tory government. It is truly a denial of democracy. A recent poll by Vector Research and Development, Inc. (www.vectorresearch.com) revealed about 70% of Ontarians oppose privately operated prisons.
  The Minister of Corrections, Robert Sampson, has indicated he will announce the 5 year contractual award by April 11, 2001.

Jim Fraser is a member of CAPP (Citizens Against Private Prisons).

Posted: March 19, 2001

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