On behalf of the association of prison law lawyers of Quebec, I wish to thank the committee for inviting us.
In Quebec, prison law lawyers are a small group who, for more thank 30 years, have represented persons in detention, in prisons and penitentiaries alike.
Today, I will focus on individuals in detention awaiting court proceedings, because these are people who have been denied bail or who have waived bail. So as not to repeat what our defence colleagues have already explained, I have decided to focus primarily on what happens in detention facilities when persons presumed innocent are detained.
The following figures are from the website of Quebec's ministry of public safety. They provide an overview of the situation and its evolution over time. I must point out, however, that as a result of COVID‑19, the numbers for 2020‑2021 are much lower because the authorities tried to limit the spread of the virus by not overcrowding jails. So I will not review all the data since you certainly have access to it.
The figures for 2020‑2021 show that 26,139 people were incarcerated, or roughly 378 out of 100,000 residents, of which 50% were defendants, 10% had mental health problems, more than 37% were on prescription drugs, 11% were women, just over 4% were indigenous, and close to 3% were Inuit.
In 2018‑2019, before the pandemic, 25,555 people were incarcerated, of which 12% were women, 4.4% were indigenous, and 3.5% Inuit. Among them, 8% had physical health problems, 11% had mental health problems, 35% were on medication and 2.6% were at risk for suicide. Ninety-one percent were unmarried, 76% did not have a diploma, 59% lived alone and 36% had a criminal record.
The most common offences leading to incarceration were breaking and entering and breach of bail or probation conditions, drug possession and trafficking, and theft over $5,000. In 55% of cases, they were acquitted, 43% of the defendants remained in custody after a trial or a guilty plea, and 2% received a sentence in the community.
The average length of stay in pretrial detention was 55 days, specifically, 24% and 22% at the two institutions in Montreal and 12% at the Quebec City prison.
While the death of incarcerated persons is not always publicized, we must not forget the case of a young man who was supposed to be released after a judge granted bail but instead died on Christmas Eve 2022 while in the custody of Quebec’s correctional services. A bit earlier that same year, another individual in the pretrial custody of Quebec’s correctional services was killed by a fellow inmate. This highlights the particularly difficult detention conditions in certain provincial facilities.
According to the data obtained by TC Media, there were 73 violent deaths in Quebec correctional facilities between 2010 and 2015, with suicide being the main cause of offender death. According to figures I mentioned, in 2022‑2023, 43 individuals had attempted suicide and 7 individuals had died as of October 21, 2022.
I was unable to determine whether this occurred equally among inmates and those awaiting trial, but this happens at all detention centres, including women, regardless of the prison population. This points to the profound distress of individuals placed in prisons, particularly in view of staff shortages, leaving the inmates in conditions that are akin to torture. I would also remind you that class actions pertaining to solitary confinement have been been won, in particular because this kind of treatment, which is akin to torture, is still used in some provincial prisons.
Currently, judges are selected on the basis of their expertise. That is why I maintain they must be given the necessary latitude to decide who should and should not receive bail.