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Ontario youth jail told not to handle own complaints

JIM RANKIN/TORONTO STAR (Jim Rankin/Toronto Star via Getty Images

TORONTO – When teens at an Ontario youth detention centre complain about use of excessive force by staff or intrusive searches, the people investigating those claims should not be workers at that same facility, a new report recommends.

The provincial advocate for children and youth has received more than 200 complaints about the Roy McMurtry Youth Centre in Brampton since the advocate’s office began research for the report, which was released Wednesday.

The way those complaints from youth about mistreatment by staff are handled raises “significant concerns,” says provincial advocate Irwin Elman.

“When young people allege assault, abuse or excessive use of force they, and all of us, must be assured that an effective, transparent and fair investigation process will take place,” Elman said in a statement.

“We do not have this assurance today and this further undermines RMYC.”

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The facility currently conducts its own internal investigations into abuse allegations, and the youth advocate would like to see an outside body, such as the Ministry of Children and Youth Service’s Independent Security Unit, look into all allegations.

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Police are notified each time there is complaint of physical intervention at the facility and they determine whether or not and investigation is warranted.

But the report says this is not enough because police review reports are written by the facility’s staff and officers may not even have spoken to the youth involved in the incident.

The detention centre and the Ministry of Children and Youth Services must honour their obligations to ensure all claims of excessive force against youth are immediately and independently investigated, the advocate’s office wrote in the report as one of its 19 recommendations.

The report also recommends a formal review of intrusive procedures at the facility, such as lockdowns, searches and segregation, and suggests it provide additional training to staff with a focus on limiting use of those procedures as well as de-escalation strategies.

The advocate’s office conducted 75 on-site interviews with youth aged 13 to 21 since 2011 and heard complaints of tension and violence in the facility. Some youth said the centre was run by unpredictable staff who all too often resorted to excessive force and intrusive procedures. Other complaints ranged from lack of food to racist comments from staff.

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The report found that 43 per cent of youth who were interviewed reported being physically restrained by staff and more than 40 per cent of those who were restrained reported being injured in the process.

Minister of Children and Youth Services Teresa Piruzza said the government will “carefully consider” the recommendations in the advocate’s report.

Piruzza said some recommendations, including interviewing youth whenever they raise a complaint regarding alleged inappropriate behaviour by staff, have already been addressed.

A 2010 report by the youth advocate found similar problems with the Brampton jail, and since that time the facility has undertaken a number of initiatives to address these issues, said Elman, who also noted some staff are well-liked by youth.

“We acknowledge that some young people find what they need at RMYC, but for those who do not, the stakes are very high,” he said.

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