Women who have been incarcerated at Leclerc prison are trying on Wednesday to have a judge authorize a class action against this provincial detention facility located in Laval. They denounce the systematic and degrading strip searches, poor health care and their deplorable conditions of detention in an unsanitary building.
” It has to change. We must not leave women in an environment like that. »
This is what ex-inmate Louise Henry declared, leaving the court room of the Montreal courthouse where the request was pleaded. She is the one who carries it on her shoulders, offering to be the representative of all the inmates who have passed through Leclerc prison since 2019.
Authorization is a preliminary step specific to collective actions, which makes it possible to verify whether the conditions are all met for the exercise of such recourse. If Superior Court Judge Florence Lucas gives her the green light, she will then be able to complete all the legal steps leading to a trial.
The action is directed against the Ministry of Public Security, which is responsible for incarcerated women. Various damages, including 5 million in punitive damages, are claimed from the ministry – and therefore from the provincial government – but there is more: “One of the main objectives is that things improve for the future”, argued before Judge Me Clara Poissant-Lspérance, who represents the inmates.
The reproaches
Me Poissant-Lspérance explained that detainees are “vulnerable among the most vulnerable” people. They often have a long history of victimization, and many have been victims of physical and sexual assault.
It is fundamental for them to have acceptable detention conditions “because it has an impact on their well-being and also on their decision to plead guilty”. The lawyer explained that Louise Henry was incarcerated for almost a year at the prison in such miserable conditions that she pleaded guilty to get out and serve her sentence without further delay at the Joliette penitentiary.
“She’s not the only one,” said Me Poissant-Lspérance.
The criticisms against the Leclerc establishment are numerous.
Strip searches are systematic, and carried out in a “degrading and humiliating manner”, while other methods exist, it is denounced. “It can be particularly traumatic for women who have suffered sexual assault and abuse. »
In addition, the health of inmates is neglected, it is alleged: women sometimes wait too long before having access to their medication. “It can take up to a week,” and during that time, their condition deteriorates, especially for those taking medication for mental health disorders, the lawyer said.
Finally, according to the legal request, the Leclerc establishment is in a deplorable state. Formerly a federal penitentiary for men, it was condemned by the government in 2012 due to dilapidation. It was reopened for women, who are still there.
The following examples were cited before Judge Lucas: stale air, mold, fungus, bird droppings in the cells, rats, insects, sewer backup and vomit in the search room. Vaginal infections were reportedly caused by the brownish water. These problems worsen the health of many inmates, particularly those who have respiratory problems, reports the lawyer.
All of this constitutes violations of the fundamental rights of detainees, including their right to security and dignity, as well as civil wrongs against them, she argued.
Just a messenger
The Ministry of Public Security has argued that it does not have the responsibility to provide health care and medication to inmates. This belongs to the CIUSSS de Laval. The ministry is “only the messenger”, which relays the information.
A similar argument was offered to the judge about the state of the detention center. The ministry asserts that it is only the occupant of the premises: it is not the owner, which is in this case the federal government, nor even the tenant, which is then the Société Québécoise des Infrastructures (SQI). In short, repairing and renovating the Leclerc establishment is not his responsibility.
As for the presence of bedbugs or food residue in the showers, these are problems caused by the inmates themselves, it was argued, which made Mme Henry in his seat.
After the hearing, she reported that the population does not know what is happening within the prison walls. “It’s too taboo. Nobody talks about it, even when there are suicides. »
“It’s nothing you heard today,” she told the Duty before leaving.
Judge Lucas intends to deliver her judgment during the summer.