David Milgaard ‘disgusted’ by visitation system at Edmonton Remand

WATCH ABOVE: David Milgaard says he’s disgusted with the way families and inmates in Edmonton are being treated. Kendra Slugoski explains.

EDMONTON — After fighting for his freedom for close to 23 years, David Milgaard, Canada’s most well-known wrongly convicted man has taken on a new battle: the rights of inmates at the Edmonton Remand Centre.

In 1970, when Milgaard was just 16, he was sentenced to life in prison for the rape and murder of Saskatoon nursing aid Gail Miller. New DNA evidence eventually allowed him to clear his name, and he was released from prison just shy of his 40th birthday.

He says visits from his parents helped him survive his time behind bars.

“My father and myself, we would play cribbage. It may not seem like very much to people on the surface. But when you have two men that love each other, those smiles and those senses, the laughs — it gave us what we had to live on for years.”

“As a prisoner there’s nothing more genuine to…warm you, than a great big hug from someone.”

Milgaard believes that human connection is what’s missing from the new Edmonton Remand Centre. When the facility opened in 2013,  it had new visitation rules. Inmates can meet face-to-face with their lawyers, but they talk to loved ones via video in a west end building, which requires less security.

Alberta Justice calls it more convenient and “friendlier.” It says this method provides “flexible access for friends and family who have different work schedules.”

Inmates who have been in custody for 60 days or longer and who have demonstrated “positive institutional behavior” may apply for in-person visits with immediate family for “compassionate reasons,” the province explains. But there are strict rules involved.

Forensic psychologist Patrick Baillie explains families provide critical support to inmates.

“I simply want them to maintain full contact with their supports in the community, so when they get out they’re not starting from ground zero.”

Brian Beresh, a prominent Edmonton defence lawyer, is also extremely upset by the the video visits. He calls it an “extreme punitive measure, for no reason.”

“People really need to be able to feel love, to love and be forgiven and to heal. Video conferencing fails to give them anything more than just a limited view of each other. And I think it’s a very big mistake,” Milgaard argues.

“Prisoners are people and so are their families. Prisoners are not garbage.”

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Below are questions Global Edmonton’s Kendra Slugoski asked Alberta Justice about the video visits. Here are the responses she received:

Q: Describe the video feature at the Edmonton Remand Centre.

A: Edmonton Remand Centre inmates are permitted regular visits to strengthen family ties and encourage positive interaction between family members and other approved visitors from the community.  The decision to implement video visiting for personal visits at the new ERC was made after a group of staff toured direct supervision facilities in Florida and Maryland in the fall of 2007. Two of the facilities that were toured were large jails (4000+ inmates), that were served by video visitation programs.

The video visitation system allows for increased access to visits for inmates as well as members of the public.  Visits are 25 minutes in duration, starting each half hour from 0900-1100 hours, 1300-1600 hours, and 1800-2100 hours, Monday through Sunday.  This provides flexible access for friends and family members who have different work schedules. There are currently 60 public visitation booths located at Centre 170.  Inmates are permitted a maximum of one personal visit per day in order to ensure fair access to visitation for all inmates.  Members of the public are not restricted in how many visits they may schedule each day.

Q: How has the video made visits more efficient? (can a family member/lawyer go to a location downtown?) Does is save money?

A: Video visitation is intended for personal visitation only.  In-person visitation is still the primary means of visitation for professional visitors including legal counsel.  There is also a pilot program underway for video visitation by legal counsel using the video court system.

The new Edmonton Remand Centre (NERC) is based on a direct supervision philosophy, which focuses on bringing services to the living units rather than moving the inmates off of the units to other areas of the facility.  This model increases access to programs and services, and enhances security within the centre.  The reduction of movement within the centre increases inmate access to services, such as video visitation, which they are able to use without being escorted off the unit by correctional staff.  It also reduces the opportunity for conflict that could arise between incompatible groups in shared program and movement areas.

Inmates are classified and placed within the centre only after thorough security screening.  There are different groups within correctional centres that are incompatible and are kept separate for safety reasons. These include but are not exclusive to: females, protective custody inmates, security threat groups, and inmates with medical and/or mental health issues.  Video visitation increases inmate safety by eliminating the need to mix inmates in a shared visiting area.  Access to visits without having to leave the housing units allows these separate groups to visit safely without concerns of being mixed with incompatible inmates in shared movement areas.

Video visitation provides more contact with friends and family through the expansion of visiting hours and the more convenient location of visiting stations.  The visiting stations are located in the common area of each unit.  This allows special inmate groups, such as those with communicable diseases, mental health issues, or those at risk for self-harm access to visits in a safe and secure environment without added risk of harm or contamination.

The location of the video visiting terminals on each living unit gives personal responsibility to the inmates.  They are able to check their visiting schedule, prepare themselves for their visit, and sit down at the visiting station at the scheduled time.  There is no need to wait to be escorted to a shared visiting area.  Visits are not delayed by operational issues such as cease movements, or high traffic within the centre.  Inmates do not have to wait to move as a group and are able to terminate their visits early if desired without having to wait to be escorted back to their living unit.

For in-person visitation (rather than video visitation), visitors are required to access a secure area of the facility and thus have to undergo security screening.  Many visitors, including those with children, are not comfortable entering a jail environment.  They are required to lock up personal valuable items including cellular phones and bulky outerwear.  In the offsite visitation centre, visitors will not need to undergo the same level of security screening.  The result is a friendlier, less institutional environment for visitors.  The offsite visitation centre is served by Edmonton transit, making it accessible to visitors without vehicles. The location of the new Edmonton Remand Centre is currently not serviced by public transit.

Video visitation was not introduced as a cost saving initiative.

Q: Are face to face visits still allowed? If so when? If not, why not?

Face to face visitation is still the primary means of visitation for professional visitors including legal counsel.

As per policy, face to face visitation for personal visitors is permitted.  Inmates who have been in custody for 60 days or longer and who have demonstrated positive institutional behavior may apply for in-person secure visits with immediate family for compassionate reasons.  These requests are subject to approval by the Director of Security or designate.

Q: Some are concerned video visits cut off much needed human contact – is that a concern for the government? A forensic psychologist is also concerned because the people in Remand haven’t had their day in court.

Remand centres primarily house inmates who are awaiting court appearances.  While these inmates are innocent until proven guilty, it is important to note that not everyone who is charged with a criminal offence is remanded into custody.  The inmates in remand have been placed there by a judge who has deemed that it is necessary to do so either because the inmates pose a flight risk, a risk of reoffending, or are a danger to the public.  In consideration of this is it is essential to maintain a safe and secure environment for staff and inmates in remand centres.  Safety and security needs are balanced with the health and well-being of the incarcerated individuals.

The video visitation system is similar to webcams which are used by many Canadians to connect with friends and family who are far away.  The teleconferencing technology allows each visitor to see the other person’s face, expressions, gestures and movements.  It is a more personal experience than phone calls, which are already widely used and highly valued in correctional centres.  The visitation system commonly used in remand centres is through glass, using a handset.  The video visitation kiosks will also use handsets, and will employ video screens.  There was no physical contact in the visitation system at the old Edmonton Remand Centre, so this was not changed by implementation of video visitation.  In a society in which people maintain friendships and personal contacts via websites and systems such as Facebook, Twitter, and Skype, teleconferencing technology is becoming more prevalent and, for many, a preferred means of communication.

With files from Kendra Slugoski, Global News