Her Majesty’s Penitentiary was built in 1850 and is known for its crumbling infrastructure and persistent rodent problems. These problems lead courts to grant credit for time served to some inmates. (Paul Daly/The Canadian Press)
A Supreme Court judge slammed Newfoundland and Labrador’s largest prison in a ruling Wednesday, granting an offender extra time off his sentence to live in “harsh conditions” and noting several other cases where inmates were offered credit because of the building’s shortcomings.
Jonathan Slade pleaded guilty to two counts of robbery and three counts of breaching a probation and release order.
He has already served 467 days in custody, most of them at Her Majesty’s Prison (HMP), the Victorian-era institution in St John’s.
The facility has long been subject to criticism. It was the subject of two government reports investigating prison conditions and several suicide deaths that occurred within its walls.
During COVID-19, according to testimony included in the Supreme Court decision, the environment has only gotten worse.
Judge Glenn Noel noted that Slade, 27, has several mental health diagnoses, including ADHD, post-traumatic stress disorder and bipolar disorder, as well as permanent physical damage from car accidents.
These injuries, Noel writes, left Slade incontinent and in pain.
Slade claims he was incarcerated for several periods with no respite time, forced to use the toilet in cells without doors, and was unable to attend programs or see a psychologist regularly.
He also contracted COVID-19 in prison in March.
One of the cells at Her Majesty’s Prison in St John’s which does not allow privacy when prisoners use the toilet. (CBC)
“Mr. Slade’s mental and physical illness predisposed him to suffer adverse consequences compared to an individual without his disabilities,” Noel wrote, noting that Slade also had suicidal ideation.
Slade saw a psychologist five times over a 20-month period and did not have access to rehabilitation programs such as addiction treatment.
He was often confined to his wing with no access to open areas.
“There are no common or recreational areas, resulting in him having to pace back and forth along the narrow corridor of the cells, often obstructed by open cell doors of inmates jutting into the corridor,” Noel wrote. “I find that such restrictions would cause Mr. Slade reduced mobility and increased pain.”
Because of his injuries, Slade also wore protective underwear, making him an easy target for abuse.
“He was very uncomfortable with the lack of personal space and the inability to use these hygiene products [discreetly]said the judge.
“He became the target of ridicule from other inmates and even at times from guards. I believe this would have a particularly profound effect on Mr Slade’s mental health issues.’
Slade also pointed to the prison’s hygiene problems, describing toilets that didn’t flush, mold on the walls and a rat infestation so bad that rodents often climbed into inmates’ beds at night.
“I find it intolerable and unacceptable that Mr Slade had to endure certain aspects of the conditions he describes at HMP,” Noel wrote.
Slade received 180 days credit, reducing his four-year sentence.
Other judges have also applied the rule.
In one case, an inmate was held in a temporary unit for 60 days during a COVID-19 lockdown. That inmate was given an additional 60 days to serve.
Another offender, earlier this year, was offered credit for 45 days — called Duncan credit, which can be applied when offenders suffer undue harm while in custody — due to contracting COVID-19 while in the arrest.
Defense counsel listed several other recent credit applications in Newfoundland and Labrador.
The Department of Justice announced in 2019 that it would build a new prison to replace the 150-year-old facility. It is expected to be built in the next three years.
Read more from CBC Newfoundland and Labrador
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