Agreement paves way for system overhaul: Government
Ontario’s jail workers inked a deal with the province earlier this month, narrowly averting a strike — and ensuring one will never happen in the future.
On Jan. 9, the Ontario Public Service Employees Union (OPSEU), which represents about 6,000 correctional workers, reached a deal around 4 a.m., following a marathon bargaining session with the provincial government.
The union said the collective agreement is a significant improvement from an earlier deal proposed in November, which the bargaining unit had rejected by almost 70 per cent.
As part of the new agreement, wage increases will be determined by arbitration, in the same manner as police or other essential service staff. An arbitrator is expected to come back with a wage deal within 60 days of ratification.
As well, going forward, the correctional bargaining unit would have its own separate agreement.
Any disputes would also be settled by a third-party arbitrator, revoking employees' right to strike, which was something of a victory for the union.
“It’s been a huge issue for our folks, it’s been a tough fight and we’re finally there. This deal satisfies the strong desire of our members to have their wages set at arbitration,” said Tom O’Neill, chair of OPSEU’s correctional bargaining unit.
The collective agreement mimics that of police or emergency workers and effectively gives Ontario’s prison staff an essential service designation.
“Front-line correctional staff are the first responders who deal with violence, trauma and tragedy in the normal course of our work, and we intend to be recognized for the vital service we provide in keeping Ontarians safe,” O’Neill said.
He added the union won improvements around the ability to earn and take time off.
Yasir Naqvi, minister of community safety and correctional services, echoed the sentiment, saying the front-line workers should have an essential services designation based on the type of work they do.
He added that after a deal was reached, the ministry is now able to move forward with key changes with the help of the union and a positive labour relationship.
“One of the key things I learned during the entire year we were negotiating with our partners is that the status quo really could not continue,” Naqvi said. “We need to ensure we are putting more focus on rehabilitation and reintegration services so that we deal with capacity issues and ensure more for the public’s safety.”
Those changes could include rehab and transitional programs, such as halfway houses, but Naqvi said the project is a significant undertaking that will also address mental health concerns.
“We’re looking at better mental health supports for inmates, better assessments of what their mental health needs may be and then providing that support, such as hiring mental health nurses and training correctional officers on mental health issues,” he said.
“In the long run, what we really need to focus on is how do we reduce the number of people coming into our institutions,” he said, adding that he intends to work with the province’s attorney general and approach the federal government with potential amendments to the Criminal Code.
Staffing levels
Staffing levels in Ontario’s prison system have long been a point of contention for OPSEU, which said shortages have put both inmate and employee safety in jeopardy.
According to the union, about 800 more officers would be needed to adequately fill the void.
“We’re short throughout the province and we’re not able to run service at full steam because of staffing shortages,” O’Neill said. “Our probation and parole officers have the highest caseloads in the country.”
Since 2013, Naqvi said the Ministry of Community Safety and Correctional Services has ramped up its hiring efforts and about 570 officers have joined the ranks. That includes a class of 144 correctional officers who were recruited in the days following ratification of the collective agreement — the largest class the province has trained thus far.
Naqvi said the ministry will continue with similar numbers over the next few years to ensure there are enough staff members to implement his vision for the system’s transformation.
The union is optimistic.
“It didn’t happen overnight and it’s not going to be cured overnight, but we’re definitely moving in the right direction,” O’Neill added.
Changes welcomed in court
Criminal lawyers also welcomed the agreement.
Anthony Moustacalis, president of the Criminal Lawyers’ Association, said some lawyers had reported difficulty when attempting to access clients at the Toronto South Detention Centre (the country's second-largest prison), which may have had something to do with a lack of staff.
With an essential services designation and an agreement in place, better enforcement is the likely outcome.
“There are several essential services in modern societies, one of which is the prison system, and that makes sense because it’s an adjunct to the court system, and any sort of functioning democracy requires an effective court administration — which includes getting to and from the courthouse in a timely manner, and making sure prisoners are accessible,” he said.
He added that Naqvi’s proposed reforms bring to light many concerns in the prison population, about 80 per cent of which deal with some combination of mental health, addiction, drug or substance abuse problems, and about 30 per cent of which deal strictly with mental health issues.
“Modern humane society recognizes that people who have medical problems — you offer treatment, you don’t just put them in jail,” Moustacalis said.
“The model of how we even construct prisons is to ensure safety but also isolation, and that’s not conducive to proper treatment. You can’t just remove people and expect that not to have a lasting impact.”
