FRICTION \KITHIN THE MACHINE:
ABORIGINAL PRISONERS BEHIND THE WALL
A Thesis Submitted to the C o d t t e e on Graduate Studies
In Partial F u m e n t of the Requirements for the
Degree of Masters of Arts
In the Faculty of Arts and Science
TRENT UNIVERSITY
Peterborough, Ontario, Canada
Copyright by Peggy O'ReiUy-Shaughnessy 200 1
Canadian Studies and Native Studies
MA Program
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Abstract
Friction Within The Machine: Aboriginal Prisoners' Behind the Wall
Peggy O 'Reilly-Shaughnessy
The purpose of this research is to examine Aboriginal prisoners daily living at
Warkworth Institution focusing on the effects of Native spirituality. It looks at how
Native spirituality is practiced in an environment foreign to it and the experiences these
Native pnsoners' encounter attempting to follow their spiritual ways. It shows that
Native spirituality contradicts at every tum the Iogic, routines and mechanics of prison
Iife and how Native prisoners find in their spiritual traditions a way of resisting the power
of prison authorities and structures.
This qualitative research permitted exploration into the Native prisoners'
experiences in ways that quantitative methods cannot. This small-sale study was able to
generate considerable amounts of insightfiil data fiom a relatively isolated population. It
Ends that Native spirituality is one of the most important vehicles for assisting
incarcerated Aboriginal individuals in finding their own healing path and remains critical
as the only hope of recovery for Aboriginal prisoners.
Acknowledgements
First 1 would like to extend my sincerest appreciation to the Native prisoners at
Warkworth Institution for allowing me to be part of their lives over these past few years.
You have al1 helped me accomplish this research, which is not only mine but ours!
1 would like t o thank my supervisor, Professor Peter Kulchyski, for not only
providing me with insightfùl guidance, but for also being rny mentor and best fiiend.
Thank you also to my committee members, Professors John Milloy and Joan Sangster, for
providing me with valuable feedback, kindness and encouragement. And to Professor
John Wadland of the Frost Center for Canadian Studies and Native Studies, thank you for
the guidance you provided me when times got tough.
1 am gratefùl t o my fnends in Pangnirtung, B&n
Island, Nunavut especially Levi
Ishulutak for opening his house to me for the writing of this thesis. To Sim KuIluulik and
Joe AkpaliaIuk Jr. without the two of you 1 would never have made it. And to Matthew
Nakashuk, thank you for allowing me to see things at a level 1 have never seen before.
Special thanks goes to al1 the Elders' that 1 have been fortunate to know over these
past few years, Vern Harper, George Charles, Pauloosie Angmarlik and Aangaagak
Lyerth. Thanks for al1 your teachings and ceremonies you have shared with me
throughout this journey.
1also want t o thank Warden Peter White, Assistant Warden of Programs David
Craig and the Native Liaison, Robert Fisher at Warkworth Institution for the great support
you have shown me. You have allowed me the f k d o r n within the prison in which 1 don?
..
Il
fi1would have been aliowed in any other federal penitentiary in Canada.
1 am indebted to ail my fiends who sat and listeneci patiently as each chapter was
finished dong with my never-ending discussions on Warkworth Institution. Special thanks
goes to Barbara Zmozynski, Ellen Bond, Adene Kuchera, Molly Blyth and to al1 my coworkers in the operating room at the Peterborough Regional Hedth Centre, thanks.
FinaUy, 1 wish to thank my farnily who have stood by me throughout it all and gave me the
encouragement 1 needed to persevere. 1 love you dl!
Table of Contents
AB STRACT
TABLE OF CONTENTS
1.
INTRODUCTION
2.
WALLS
3.
THE BODIES WITKïN THE MACHINE
3.1
TILL DEATH DO THEY PART: THE TEXTUALIZED BODY
3.2
MJMBERS
3.3
MOVEMENT
3.4
TtME
3.5
CRAWLlNG THROUGH THE CRACKS
3.6
THE COMMODITIES FOUM) WITHIN
4.
ABORIGINAL PRISONERS' BEHIND THE WALL
4.1
MEDIClNES
4.2
RELIGION VS. SPIRITUALITY
THE SACRED SPACE
4.3
4.4
THEWITNESS
5.
CONCLUSION
GLOSSARY
REFERENCE
APPENDIX 1
- CONSENT FORM
APPENDIX II -- INTERVIEW SCHEDULE
Chapter 1
Introduction
The fiamework of the contemporary justice system in Canada was founded on
Western traditions with the building of the 6rst Canadian penitentiary in 1835 at Kingston
Ontario (Portsmouth). During the first one hundred and nfty years Aboriginal prisoners
were condemned, marginalized, reduced to silence, and vutuaiiy kept 'invisible' within the
penitentiary walls. The system was devised with rules and consequences depriving
Abonguial prisoners of their culture, identity, and seKrespect. As early as 1890,
Japanese, Chinese and Jewish immigrants were allowed visits by their spiritual leaders
where pains were taken to provide whatever was necessary for the celebration of 'non-
Christian' ceremonies.' Aboriginal prisoners were refùsed that right.
An overview of the history of policy making in Canadian penitentiaries exhibits the
body of ideologies justifjing them, and the meanhg of attempts to change them. For
Native prisoners who became embedded in this foreign justice system, the policies within
the penitentiq became merely an extension of the historical context of the colonial legacy
of Canada. These institutional policies were intended t o change cultures and to nomialize
the 'Indian' as 'law-abiding citizens.'
The history of the Native prisoner is a complicated one to trace within the
penitentiary system of Canada. During the early years, records of those incarcerateci do
not i d e n t e them by race. However, it is evident that there were Native prisoners within
-
-
Gerald Woods, The Quality of Mercy: The Reform Tradition in Canadian Federal ConecEionsn
unpubiished manuscript (Correctional Service of Canada, 1992).
1
l
the wails of the penitentiaries across Canada. The images of the 'invisible Indian7can be
found in documented annual reports. In a report from Kingston Penitentiary in 1856,
Reverend Mulkin notes, 'The mortdity has been great among the Indians. It is
remarkable, and very suggestive that the ravages of death should be so f&l
among this
decaying race."* in 1857, he describes the Tuscarora Nation as "brought up in paganism,
wholly ignorant of the English language, destitute of aii religious knowledge, and in habits
of vice and crime incident hereto."-' He reports tiirther in 1872 saying,
People of so many religions, origins and races, many of them raised in
ignorance and vice, some who were only educated in crime, cannot,
suddenly, in human reason be re-cast in the mold of virtue. The force of
vice, and especiaily the force of habit and companionship, are very strong
... and all, to the wickedness of sin against God, had added crime against
man.'
In another report fiom 1884, Father Cloutier fiom Stony Mountain Penitentiary writes,
The Indians are big children ... They understood that the whites were not
their enemies; they understood that in every society there are men who
rule, and others who are ruled; that if the law is not to remain a dead letter,
it must be upheld; that respect for the law is to their own advantage, and its
violation a cause of trouble, and that the welfare of al1 dernands that its
violators be punished. They understood ail this in a general way; but their
convictions were shaken when they were told that their punishment was for
their own good.5
'
Reverend Mullriiis, cited in, J. T.L. James, A Living Tradition: Penitentiary Cha~laincy(Ottawa:
Ministry of Supply and Service of Canada, 1990) 171.
Reverend Muikins. cited in J.T.L James 146.
Reverend Muîkins, cited in James 146- 147.
Father Cloutier. cited in James 147.
Reports were submitted annually by the chaplains to the Superintendent of the
penitentiaries up until 1916. Comments such as those noted above can be found in most
Chaplain reports during these early years. These cornments provide insight into the
mentality of those in authority during this tirne h
e as well as validating the existence of
the 'invisible indian' within the wails of the penitentiary.
Native peoples throughout Canada would experience the consequences of many
amendments to the indian Act of 1876: which prohibited the practicing of certain
traditional and spiritual cerernonies. As Milloy describes in A National Crime 1999,
"'Aboriginal traditions, ntual Me, social and political organization, o r economic practices
could be proscribed as obstacles to Christianity and civilization or could be declareci by
Parliament, as in the case of the potlatch and sun dance, crunina1 behaviour."'
Katherine
Pettipas has documented in great detail how 'religion' and 'healing' were targeted by the
federal government and church as part of the formai policies designed t o assimilate and
"civilize" the Abonginai inhabitants in Severina the Ties that Bind: Govenunent
Re~ressionof hdinenous Religious Ceremonies on the Prairies, 1994.' Aithough these
spiritual practices were made illegal within Canadian law, many Native peoples would find
themselves taking these ceremonies underground and continued with the practice of their
traditions and beliefs. The state would enforce these laws and, ". ..in November 192 1 ...
6
Amenciments to the indian Act 1876, can be found in 1884, 1885, 1895, 1914, 19 18 and 1933 which
relate to the prohibition of the practicuig of certain Native ceremonies.
' John Milloy, A National Crime (Winnipeg: University of Manitoba Ress, 1999) 2 1.
8
Katherine Peltipas, S e v e ~ the
g Ties that Bind: Govenunent Repression of indinenous Relibous
Ceremanies on the Prairies (Winnipeg: University of Manitoba Ress, 1994).
four Blood Indians were sent to Lethbridge jail for participating in a "give away" dance."g
Such activities would remain underground until 195 1, when the prohibitions were
removed fiom the Indian Act.
The Native prisoner was not ailowed to practice their traditional beliefs, nor could
they labour to take their ceremonies underground. Prisons were arranged where each
prisoner was required t o "remain silent, to march together in lock-step and to avert their
eyes fiom one-another when passing. Even in chapel, the inmates usually sat enclosed in
stalls so they could not wrnmunicate with other prisonen."10 Once ïncarcerated
Aboriginal peoples would be CO-optedwithin Christian denominations and stripped of
their traditional practices and languages while far away fiom their f'amilies and Native
communities. Although Native peoples within Canada were able t o practice their
traditional beliefs afler the 195 1 amendments to the Indian Act, their Native Brothers
behind the wall continued to be forbidden to practice such beliefs.
In the R e ~ o rof
t the Aboriainal Justice Inquirv of Manitoba 1991, Justice A.C.
Hamilton and Aboriginal judge C.M. Sinclair note that prior to the Second World War,
the incarceration rate of AboriginaI peoples in the federal prison system in Canada was
proportionate to the Aboriginal population at large. Following the Second World War, a
sudden increase can be found in the inauceration rates of Abonginal peoples."
9
E. Brian Titley, A N a m Vision: Duncan Camiibeii S c a t and the Adminisiration of Indian Affairs in
Canada (Vancouver:University of British Columbia Press,1992) 223.
'O
Woods 4.
A C.Hamilton and C.M.Sinclair, Report of the Abori@aï Justice Inourv of Manitoba (Wiipeg:
Queen's Printer, 1991) 191.
"
During the late 50's the Native Brotherhood movement began in Stony Mountain
penitentiary in Manitoba. Native prisoners who were concemeci with this sudden increase
of Native peoples in confiict with the law and eventualîy incarcerateci in federal prisons
initiated this movement. Native Brotherhood groups were eventuaily accepted across the
countq but would become the responsibility of the Social Development Department
within the penitentiary. This depamnent would over-see any social or recreational activity
that took place within the general prison population and would be overseen by the
assistant warden of programs.
Many stafFmembers viewed the Native Brotherhoods as just that, a recreational
body. As luice" explains, "some look upon our group as a place where the Indians go to
drink coffee and r d the newspaper. Most of them think us Natives get too much."13
These kinds of comments are still heard among the Native Brotherhood members, as
prison staff are unaware or do not understand what happens at a Native Brotherhood
meeting. Most tend to assume that because they cannot see something highly structureci,
where there is no visible irnrnediate measurable result nothing of importance has taken
place. For some of these 'keepers' it seems their main concem is running to the door of
the Native Brotherhood meeting when medicines are being bumed, to check and see if
someone might be using contraband.
With changes to the Indian Act in 1951, Abonginai peoples would be allowed to
practice their traditions and beliefs in the open and no longer needed to go underground
with these ceremonies. However, Native prisoners would not benefit fiom these changes.
'*Juice is a Native prisoner at Warkworth Institution.
'3
kggy Shaughnessy, personal j o d , 2 Sept. 1998.
5
They would still be forbidden to practice their spiritual ways and were denied visits fiom
their Elders. It would take another twenty-five years before Elders would be allowed
entrance into the penitentiaries across Canada. As Elder Art Solomon explains "'For the
past eight years, the Native spiritual ways have gone into the prisons in Ontario as a social
thing, in other words as a privilege not as a right."14 The early 70's would hally see
Elders visithg the penitentiaries, but in the early days these Elders were not aiiowed to
bring in medicines or sacred objects as they would be classified as a security risk. It would
be another decade before Elders would be allowed to cany any medicines past the front
gates of the prisons. For those Elden who attempted to visit the Native prisoners, and
pray with the sacred pipe, they would encounter many problems at the main gates of the
prisons. Some were viewed as activists in the eyes of the penitentiary staff and looked
upon as crirninals. In addition, for those who were allowed entrance, guards handiing
their medicines and other 'sacred' items would first confiont them. The Elders' 'sacre&
items would first be exposed to x-ray machines wYe some were denied access into the
prison with the explanation that they were a 'security risk. '
As Solomon would argue, "Native spiritual ways must go into the prisons under
the established principle ofFreedom of Religion and with the same respect and rights that
are accorded to any other f i t h
tradition^."'^ Prison officiais however, for Native
spirituality, treat the rights accorded to other faiths disrespecffiily even to this day.
" Arthur Solomon, Eating Bittemess: A Vision Bevond the Prison Waüs (Toronto: NC Press Ltd, 1994)
85.
1S
Arthur Solomon 85.
When Ancient 0ne16visits Warkworth tnstitution he must use a chaplain's office
where this particular chaplain hides the phone and other office supplies so that Ancient
One does not use them. Or perhaps the chaplain is a6aid that Ancient One may steai
something.
Problems remain for those Elders visiting the Native prisoners within the
penitentiaries in Canada; they are looked at with suspicion. During a mid-winter
ceremony in Warkworth Institution 1 witnessed a visiting Elder being refbsed entrance to
the prison. Later, a guard approached me and said, "How do 1 know who an Elder is?
Anyone could corne to this front gate and say they are an ~lder!"" However, this
particular Elder was holding an Eagle staff, which was approdately six feet in height
with many sacred items hanging fiom it. My question to the 'keepers' is, "if a Roman
Catholic priest presented himselfat the fiont gate with a black shirt and white collar
around his neck would his ministry be questioned?' Although the Corrections Conditional
Release Act (hereafter CCRA)states that Elders will be afforded the same rights as
chaplains, this remains to be questioned in practice.
The 70's would not only see Elders admitted into the penitentiaries but would aiso
see the introduction of the Native liaison into the federal penitentiary system. Prior to the
introduction of the Native liaison, it was the social development staff that had close
contact with the Native Brotherhood groups.
l6 Amient One is the spintual Elder who works with the Native prisonen at Warkworth Institution; he
was one of the fmt Elders allowed entrance into a federal penitentiaq in Ontario.
" Peggy Shaughnessy, persona1 journai, 8 Jan. 2000.
The Native liaison is not an employee of the Correctional SeMce of Canada
(hereafter CSC), but thek seMces are provided on a service contract basis with CSC.
Theu function is to liaise between the Native prisoners, the administration and the
"coutside'' Native communities, and to generally assist in giving support to the Native
groups along with Native prisoners' individual needs within the institutions. The Native
service is defined withh the Commissioners Directive 702,section 28, which States,
The institutional head, following consultation with Aboriginal offenders,
Elders and communities, shall make arrangements for one or more liaison
personnel to assist in p r d d i n g leadership, teaching, cultural awareness,
counselling and generai service to Aboriginal offenders.
A Native person who has knowledge of hidher traditions and beliefs usually fills the
Native Liaison position. They must also be f d a r with government legislation relating to
Native issues along with policies relating t o Aboriginal peoples within the CCRA and the
Standing Orders within the institution thqr are employed. The workload of these Native
Liaison staff is excessive, with considerable pressure on the liaison t o keep up with the
workload. They must be flexible in working with the case management team for each
Native prisoner, dong with problems that may arise within the institution and be able to
work with the warden and his staffin resolving disputes.
As one Native prisoner argues, "our Native liaison is accountable t o too many
people. He has to account for his decisions either to the Native Brothers, the penitentiary
service, andor to the organization that he is affiliateci with."18 As the system works on
the other hand, the penitentiq officials do not have to be accountable for their decisions
to either the Native prisoners or the Native liaison worker unless they so choose. This
makes the role of the Native liaison worker a particularly difncult one at times.
The stmggle by Aboriginal prisoners to practice their spiritual traditions and beliefs
would continue b e h d the prison walls now with the additional support of the Elders and
Native Liaisons.
in 1981, Darrell (Dino) Butler and Gary Butler crossed into Canada fiom the
United States to help organize a raiîy in support of Leonard Peltier. This rally was
organized because many people believed Peltier was unjustly convicted of the murders of
the two Federal Bureau of Investigation (FBI) agents in the United States. On entenng
Canada, the Vancouver police attempted to detain the two for questioning in regards to an
attempted bank robbery. This resulted in a high-speed chase where the Butlers allegedly
fked at the police. They were arresteâ and charged with attempted murder of the two
Vancouver police officers as well as weapon charges. Before judge and jury, they were
convicted of the lesser-included offences of discharging a firearrn with the intent of
endangering the life of a person.'g
The Butlers were eventually moved to Kent Institution, a maximum federal
penitentiary in Agassiz, British Columbia. In 1983, a year afler the introduction of the
Charter of Rights and Freedoms Act, the two cousins began a spiritual fast in protest of
the denigration of the practicing of Native spirituality behuid the prison walls. As Dino
Butler described in an i n t e ~ e w
with News fiom indian Country,
l9
k t e r Matthiessen, in the SDint of Crazv Horse (NewYork: Vlking 1983) 521.
9
My beiief was that the power of the pipe was greater than any power in this
world and that power would take care of me and my needs in this world i f 1
believed that way. So 1 asked to pray with my pipe when 1went into those
jails. I asked to pray with the sage and cedar and prayer fkather and
everything that 1 had been taught to pray with, it was denied, so that
starteci the whole process ... I remembered the first t h e 1 was aiiowed to
''officialIf' pray within the walls of the institution. They came to my ceU
and handcuffed and shackled me and marched me out to the Protestant
minister's office. 1 was aiiowed t o hold an abalone shell with some sage
and cedar in it and 1 prayed that way... AU that 1could and can do was to
find the courage in prayer to hang on and stay with that pipe. It didn't
need me. I needed it. It wasn't me that was needed up there. It was that
pipe.20
Butler's struggle would echo across Canada and draw support fkom the national media
dong with a public outcry. This in tum gave Svend Robinson (Member of Parliament
(NDP)) the opportunity, to raise this issue in tiont of the House of Cornmons. When
General Robert Kaplan, then Solicitor General of Canada, was questioned on this matter
have no sympathy for the Indians on a hunger strike at Kent
his response was, 'l
Penitentiary, especially since they spent several weeks fattening up before beginning the
fast."21 One mua stop and wonder with such comrnents as those by the Solicitor General
of Canada, if attitudes had changed at al1 within CSC towards Aboriginal prisoners since
the opening of the first penitentiary .
O n May 2, 1983, Dino Butler ended his spiritual fast after thirty-four days.
Subsequently, CSC adopted guidelines specincaüy geared towards the cultural needs of
"E.K.Caidweli. "The Strugglefor Religious Rights for Native Risonen: Relinquishing"News h m
indian Countq (Stamford: E W c NewsWatch, 1995) PG 1.
" James WaIdram, The Wav of the P i ~ eAbmiginai
:
S~irituaütyand Svmbolic Healine: in Canadian
Prisons (Peterborough: Broadview Press, 1997) 13.
Aboriginal peoples.n Butler's stmggle for the recognition of Native spirituality can be
seen as a mechanism of resistance to the coercion and injustice found in Canadian
penitentiaries. Effectively, his actions have helped pave the way for the practicing of
'Native spirituality' within the wails of the federai prison system of Canada.
Did change occur 4 t h the prison watls as an outcome of Dino Butler's
resistance to a system that had no respect for Native traditions and beliefs? When we
resist something so strong that it creates an echo, when the response has returned has it
been dramatidy altered? 1s our everyday resistance so 'silent' that we can hardly hear it
or recognize it ourselves? Does it become so silent, that it does not even justie a
response? As James Scott explains in Wea~onsof the Weak 1985,
Evevday forms of resistance makes no headlines.. .There is rarely any
dramatic canfkontation, any moment that is particularly newsworthy.. .It is
only rarely that the perpetrators of these petty acts seek to cal1 attention to
themselves. Their d e t y lies in their anonymity. The nature of the acts
thernselves and the self-interested muteness of the antàgoriist thus conspire
to create a kind of complicitous silence that al1 but expunges eveqdîy
forms of resistance fiom the historical record?
However, Dino Butler did not remain silent and his echo traveiied across the country
where he gained support fiom other Native prisoners in Canada and created a historical
record for the practicing of Native spirituality. As Scott argues,
One can imagine, in this context, how individual grievances become
collective grievances and how collective grievances may take on the
character of a class-based myth tied, as always7to local experiences. If this
Joseph CouTraditional Abonginai SDVituaiïtv and Relieious Practice in Federal R i ~ o n s
(Saskatoon: Corrections of lanada, 1983).
James Wtt, Weamns of the Weak: Evervdav Forms of F'easant Resistance (New Haven: Yale
University Press, 1985) 36.
"
is an isolated case, personal grievance, the a t f i is ükely to stop there - at
fantasy. If however, many tenants find themselves in the same boat, either
because they share the same landlord or because their landlords treat them
in comparable ways, there arises the basis for a collective grievance,
collective fantasy, and even collective a c t ~ . ' ~
The echo had retunied, but had changed; guidelines became accepted by CSC for the
practicing of spiritual practices in federal prisons throughout Canada, the Native prisoners
struggles behind the wall had finaily been heard.
The Constitution of 1982 and The Canadian Charter of Rights and Freedoms, has
put pressure on the criminal justice system by recognizing the "distinct legal rights" of
Abonginai peoples and delineating the rights of the accused and offenders. For example,
the Charter of Rights and Freedoms guarantees religious fieedom within the correctional
institutions and thereby aiiows the holding of ceremonies previously forbidden for security
reasons.
These ccdistinct legal rights7' for Aboriginal prisoners are again repeated in the
general reference to Aboriginal prisoners in the CCRA was to "recognize both
However, the pinciples
the unique circumstances and needs of Aboriginal pri~oners."~~
within this Act specifl, "'that correctional policies, programs and practices respect gender,
ethnic, cultural and Linguistic dflerences and be responsive t o the special needs of women
and aboriginal peoples.7'n It is not uncornmon t o hear comrnents such as those by Little
Scott 44.
Canada, Solicitor General, Corrections and Conditional Release Act (Ottawa: Queen's Rinter. June 18,
1992) 5.
'6 Canada, Solicitor Generai Canada, Final Remrt Task Force on A b o r i a Peo~les
in Federal
=4
25
Corrections (Minister of Supply and Services, 1988).
27 Canada, Solicitor General, Corrections and Conditional Release Act (Ottawa: Queen's Printer) 5.
'0eing an Indian is a way of We. my way of Me, and a part of me as a North
Amencan Indian ... Why must 1 ask permission to be an Indian for three hours per
week?'=
There remains o d y one Native program in Ontario, which most prisoners fiom
Warkworth Institution are unable to attend because of their security classification. They
must aiso ask permission corn the chaplains one year in advance for dates when they can
practice the changing of season ceremonies and they are given a t h e fiame for when they
can go t o the Native grounds to pray in the teepee, which usually falls during the
weekdays and not weekends. Respect for "ethnie, cultural and language difïerences" by
CSC remains to be questioned.
Aboriginal peoples of Canada remain objectified through the representation of
policies, symbols and objects; they have remained outside the n o m s of Canadian society,
which has largely been determined by white, middle class men. The Indian Act, which
says who could be 'Indian' and who could not, has d e h e d them. They have been
quantined and reduced to data in statistical analysis on their over-representation in the
federal prison system of Canada. However, this statistical anelysis on the overrepresentation within the federal prison system of Canada is probably significantly underestimateci. Such statistics regarding the over-representation of Aboriginal peoples remauis
to be determineci by who is a status 'Indian' and who is not. Many Aboriginal prisoners
when asked what their religion is or what is theu race do not identify themselves as 'North
Amencan Indians.' The numbers are solely defined and dculated â o m the Canadian
" Little One was a Native prisoner at Warkworth Institution.
29
Peggy Shaughnessy, personai joumai, 12 Feb. 1997.
government's questions to the prisoner on admittance to the penitentiaries in accord with
their own 'white' definition within the Indian Act.
Many problems within CSC's policies towards the practicing of Native spirituality
remain. It has been ailowed to be practiced to a certain extent since the early 80's because
of the stniggle and resistance of many Native prisoners who have endured this throughout
the history of the penitentiary system in Canada. The problems that remain today are not
only with the policies but also with the limitations and constraints on how such policies
will be implemented within the prison walls.
It is interesting to observe how Native prisoners have learned to take the very
tools used to objectify them and have created strategies of resistance towards the coercion
and injustices of the Western traditional prison system. By going into the teepee or the
Sweat Lodge they are hidden fiom the ' k i n g eye" away fiom the "'calculateci gaze'd0 of
the keeper. This escape allows the Native prisoner to pray without being harassed by the
guards. It removes them corn the very architecture of the prison. Seconds, minutes,
hours, days or years no longer measure time. This 'spiritual space' now becomes a private
space where only Native prisoners are allowed. This gives them a chance to pray on
Mother Earth herself, not on the cement that has been created within the architecture of
this machine. Within this 'sacred space' the Native prisoner is no longer individualized or
classified, he is able to fonn a community al1 wanting similar things; the chance to practice
a way of living as 'North Arnerican Indians.' As Solomon explains, '? have corne to the
Michel Foucault, Discidine and Rinish: Tôe Birùi of the Prison (New York: Vintage Baaks, 1995).
14
conclusion that ... after going into the prisons of Canada for twelve years, there is nothïng
so much in need of correction as the Corrections System of
anad da.'^'
Much has changed since the founding of the Grst penitentiary towards Aboriginal
prisoners practicing their traditional beliefs. However, inherent coercion by the state and
the church still remain behind the walls of the penitentiaries of Canada towards Aboriginal
prisoners practicing their traditional beliefs. From the definition of who is Native, to when
and where Native prisoners can practice their spirituality, d decisions remain in the
control of these two groups: the state and 'official' churches.
Echoes of resistance wili continue to be a large part of the Native prisoners way of
îife unti1 respect has been given to their cultural beliefs. Unfortunately, Native men have
died behind these walls for such rights, but their spirit will remain as the fight continues.
Don St. Germaine, Art Solomon and others not mentioned who have died fighting for the
rights to practice 'Native spirituality' behind the prison w d s will always be remembered in
prayer. Friction within the machine by Native prisoners continues as the exercise of
coercion and injustices towards Native traditions and beliefs continues to be practiced by
the 'keepers' behind the prison waiis.
A review of the literature on Aboriginal peoples and the Correctional system in
Canada is important here. Early justice research exarnined the relationship between
Aboriginal peoples and the criminal justice system, the characteristics of Native prisoners
and their participation in correctionai prograrns. Most of these studies highiighted the
-
3'
-
Art Solomon 84.
overrepresentation of AboriginaI peoples in correctionai institutions. Recent studies have
describeci the Abonginai prisoner population using demographic variables includuig
employment, age, offence type, sentence length, family background, and cultural
orientation,
StiU there is vety Little research that focuses on the impact of Aboriginal specific
programming on participants or on the effects of 'Native spirituaiity.' The available
studies basically provide information on the participation rates of Aboriginal prisoners in
spintual and cultural activities. Only two studies explore the effects of Aboriginal
spirituality on Aboriginal prisoner populations. The most recent study Colonization,
Destruction and Renewai Stories 6om AbonPinal Men at the Pe'Sakastew Centre 1998,"~
is a Master's thesis by Connie Braun where she examines the role of Aboriginal spirituaiity
and culture in empowering individuais to achieve a healthier state of being. She concludes
that the Native prisoners who were released fiom the Pe'Sakastew healing lodge in
Hobbema, are better equipped with the necessary tools to integrate back into society more
so than those Native prisoners being released fiom the mainstream prison system.
In The Wav of the P i ~ e :Aboriainai S~uitualitvand Svrnbolic Healina in Canadian
Prisons 1997,33James Waldram explores the effects of Aboriginal spirituality in
mainstream correctional institutions. His central argument is that Aboriginal spirituality is
a forrn of 'syrnbolic' healing through which therapeutic benefits are derived. Waldram
stresses that 'symboiic' does not mean something intended but not r d , rather this fom of
Braun,Colonization. Destnsction. and knewai: Stones fiom Aboriginai Men at the
Pe'Sakastew Centre M.A Theses, (W of Saskatchewan, 1998).
''James Waldram, The Wav of the Pi=: AbriPaal Spkituaiitv and Sydmlic Healing in Canadian
32 Connie
Risons (Rterbomugh: BmadMew Ress, 1997).
healing depends on the use, interpretation, negotiation, and manipulation of cultural
symbols as key to the heaiïng process."
The early research regardhg Abonginai peoples and the comectional system in
Canada was mainly exploratory and descriptive. The eariy studies, Indians and the Law
1 9 6 7 ,and
~ ~ The Native Onender and the Law 1974,'~describeci the Aboriginal
incarcerated population, the types of offences committed, and recidivism rates. Some
cornrnon themes in these studies were: that Aboriginal prisoners were over-represented in
many federal and provincial correctional institutes in Canada; they committed less serious
crimes than non-Aboriginals; they were disproportionately incarcerated for alcohol-related
offences and non payment of fines; and, they have higher recidivism rates than nonAboriginals. As the researchers noted, the statistics used in these early reports were
problematic because many courts and correctional institutions did not coilect Uûormation
on ethnic backgrounds 6om offenders.
The 1967 study was the 6 r s t research to explore the nature of Aboriginal peoples'
involvement in the correctional system. Despite the disturbing numbers of Abcriginal
offenders appearing before the courts and correctional institutions the comrnunity-based
prograrnming was marginal. Moreover, there were no programs designed specifically to
meet the needs of Aboriginal prisoners. Correctional staffassigned the Native prisoners to
work camps or prison f m annexes, rather than place them into a trade training or
vocational-trade because of the Native prisoners background of low educational
34
Waldram 71.
indians and the Law (Oîtawa: Queen's Rinter, 1967).
Law Refiorm Commission of Canada, Native Onender and the Law (Ottawa:Queen's Printer, 1974).
35 Canadian Corrections Gssociation,
36
achievements, poor employrnent backgrounds, and lack of interest3' Aborigiaal prisoners
had marginal participation in probation and parole programs due to the abihty to meet the
programs' criteria.
Although the researchers did to a certain extent discuss these issues with
Aboriginal peoples, they, tended to rely mainly on the views of the chinal justice officiais
and correctional staff. Consistent with the tirnes, the researchers did not present pertinent
information tiom Abonginai peoples regard'ig their view and perspectives on the
solutions needed for the Native prisoners' journey of healing.
The majority of the recent reports also highiighted the phenornena of Abonginal
people's over-representation in the correction system, the main reports are: James
Frideres, Aboriginal Peoples in Canada: Contemporary Contlicts 1998;" M t h s and
Verdun-Jones, Canadian Criminal ~ustice1994:~Patricia Linn's Revort of the
Saskatchewan M a n Justice 1994.
Hamilton and Sinclair's Rewrt of the Abonginal
Justice Inquiry of Manitoba 1991;" and the Finai Report. Task Force on Aboriginal
Peooles in Federai Corrections 1988." Within these reports, over-representation is
referred to as a situation where Aboriginal peoples are incarcerateci at higher proportions
in the general population. It has been noted that Aboriginal peoples make-up 3% of the
Canadian Conections Association, Indians and the Law (Ottawa: Queen's Rinter, 1%7) 18.
James Frideres, AboriPjnal Peoules in Canada: Contemwrarv Conflicts (Scarborough: h t i c e Hall.
1998).
39 CUIf Grit3it.b and Simon Verdun-Jones, Canadian Criminal Justice (Toronto: Buttenvorths Ress,
1994).
* Patricia Linn, Rewrt ofthe Saskatchewan Indian (Justice Review Cocumittee: Regina, 1992).
AC. -ton
and CM. Sinclair, Report of the Aboriginal Justice inof Manitoba (Winnipeg:
Queen's Prùiter, 1991).
37
JB
"'
Canada, Solicitor Generai, Ministry Secretariat, Final Reuort, Task Force on Aboriginal R@es in
F&ral Corrections (Ottawa:SuppIy and Services, 1988).
j2
population of Canada, yet 17% of those incarcerated in federal penitentiaries are Native.
Studies such as: Waldram's Wav of the Pioe 1997.
LaPrairie's, Understanding
e
the Context for Crime and Criminai Justice Processula of Aborininal P e o ~ l in
Saskatchewan 1996;'%nd Don McCaskillYsPatterns of Criminality Arnone Native
Otfenders in Manitoba: A Lonnmtdinal Anaivsis 1985," al1 emphasize that the Aboriginal
population is not a homogeneous group, rather they often differ accordmg to cultural
background, geography, and exposure to mainstrearn society. This thesis probably follows
Waldram's study the closest. However, Waidram identifles the Native prisoners according
t
Native prisoners are identifiecl by
to definitions found within The Task Force R e ~ o r 1988,
t
b culturai orientations including traditional, bi-cultural, and Euro-Canadian.
Traditionally oriented are defineci as individuals who are characterized by their extensive
exposure to an Aboriginal community in mostly rural settings; bi-culturalists can fûnction
in both Aboriginal and non-Aboriginal societies and have oflen experienced residential
schools or foster homes; and Euro-Canadian oriented individuals have had little or no
exposure to Aboriginal culture or language, and often have significant experience in urban
1 have a problem with this classification system that Waldram uses in his study,
especially that of Euro-Canadian because it leaves the impression that this group is
" Waïdram, 1997.
" Carol LaPmirie, LJndrrstandin~th Context for Crime and Cnminal Justice Rocessine: of Aborieinal
Pieode in Saskatchewan (Ottawa: Department of Justice, 19%).
" Don McCaskiil, Patterns of Criminaliq Amona Naîive offenders in Manitoba: A Longitudinal Analsis
(Saskatoon: Department of the Solicitor General, Correctional SeMce of Canada, Prairie Region, 1985).
46
Waidram, 29-32.
completely empty of any Aboriginal identity. Although it is important that CSC becomes
aware of the ciifferences arnong Native prisoners in order for their needs to be met, 1 still
feel that we must be particiilarly cautious ùi approaches to i d e n t w g Native peoples.
This thesis is based on qualitative research, which I felt was 3 suitable method for
exploring Me behind the walls at Warkworth Institution and achieving the objectives of
this study. Thus, qualitative research methods were used to study the experiences and
perceptions of federaliy sentenced Aboriginal males. 'Aboriginal' refers to those
individuals who were identified as North Amencan Lndians, status-Indian or non-status
Indian as reported on their tombstone data sheet within their file.
O p e n a d e d i n t e ~ e w with
s ten Native prisoners were conducted, a series of
standardized questions were asked in the course of the interview. The interviews varied in
format fiom structureci to unstnictured and were modied to accommodate each i n t e ~ e w
setting and respondent. These i n t e ~ e w lasted
s
approximately one hour in duration and
were tape-recorded. A telephone interview, which was also taped-recorded, was
conducted with the Elder and an ex-pnsoner â o m a halfway house. Each prisoner chose
his own pseudonym name for the confïdentiality that was guaranteed to him prior to the
inte~ew
and as a group they chose the Elder's pseudonym narne. The i n t e ~ e w were
s
taped, coded and then transcribed, and as each chapter was completed, where possible, it
was given back to the prisoners making sure 1 had not altered their voice within the text.
1 transcribed the i n t e ~ e w
tapes verbatim into Microsoft Word. This was a time
consuming process that took anywhere fiom four to six houn t o transcribe each interview.
1 purchased ten bristle boards and placed the headings: rats, bodies, walls, dmgs,
surveillance, spiritual space, researcheriElder, medicines/sacred items, tnist/community. 1
then went through each transcription and cut and pasted what 1 thought related to these
sub-headings. Once this was completed 1 could read over each of these topics to see if
there was an overall common theme. 1 also had twenty survey responses and 1 continued
with the cut and paste method sorting these responses as those of the interviews.
After spending seven years behind the walls of Warkworth institution my presence
as an observer became a daily routine for the Native prisoners that 1 found myself
surrounded by. 1 not only obsewed, but also becarne very active in all activities inside the
prison walls. Doing research in a prison takes a lot of time and energy because you first
m u a gain respect from the prisoners and the staff.
My observation throughout these years was recordeci in a daily journal in which I
have accumulated approxhately 650 pages of entries. Many of these entnes can be found
within the pages of this thesis. Stones that were used were 6rst taken back to the Native
prisoners for their permission and they were given the opportunity to corne up with a
pseudonym name. Other entries used were some of my own personal experiences within
Warkworth Institution.
The advantage of the participant observation method is that you can see the world
you are studying. You fhd out what they do, not what they say they do. By immersing
yourseifhto the sub-culture of prison Life it allows you to tell the story that at one time
was only foreign t o you. You know what they did because you were there and recordeci
it.
This qualitative research permitted exploration into the Native pnsoners'
expenences and perceptions in ways that quantitative methods cannot. This small-sale
study was able to generate considerable arnounts of insightful data f?om a relatively
isolateci population in our society. 1 feel confident about the quality of the data.
Therefore, 1 feel that this research has expanded our knowledge of the impact of
Abonginal spirituaiity and culture on federally sentenceci males at Warkwonh institution.
Many theoretical concepts and ideas were borrowed fiom Michel Foucault and will
be found throughout the thesis. The overall concept of the panopticon is evident in this
thesis, and explained by Foucault as an architectural project developed by Jeremy Bentham
thzt was constructed on the principle of 'omnipotent' surveillance. ~ano~ticism"
has been
marked a penological ideal in that its powers are generaliy produced of an ever-present, al1
seeing omniscient eye, the effêct of which is an unparalIeled subjection. This subjection is
accomplished when one is without the knowiedge of precisely when one may be observed;
such observation may be discontinuous. It is therefore the case that the surveilled subject
ultirnately produces his own surveillance, sustaining and ensuring an inward scrutiny
independent of the observer. This concept or idea can be found throughout the theses.
This totalitarian control of the panoptic principle is particularly noted in chapters
two (Walls) and chapter three (Bodies). A code according to Foucault is established on
the body whose interpretation is the division, the segmentation, and the regulation of the
prison population. Within this machine al1 elements in its construction are accounted for
47
Foucault, 195-228
and have their place. This panoptic device seeks to eradicate disorder, and 'normality'
mua be separated fiom abnormality, good fkom evil, and tmth fiom falsity."
As Foucault explains that first discipline yroduces 'docile bodies,'" the body is
seen as something to be manipulated, shaped, trained and made to obey. As a result of
dïerent multiple processes, which should be described in detail, the body is seen to have
entered a machinery of power.
The techniques of discipline Foucault argues include the distribution of individuats
in space - the control of activity (example, tirnetables); the organization of genes (tasks
are into temporally regulated sub-tasks); the comparison of forces (individuals are caught
up in a maximum-efficient ma~hine).'~
The concept of Foucault's 'governance of the soul' is perhaps the moa noticeable
in chapter 4 (Abonginal Prisoners' Behind the Wall),however, resistance to this
'normalization' by Native prisoners can be found.
This research is focused on Native prisoners daily living behind the walls at
Warkworth Institution. It will first attempt to look at how Native spiritudity is practiced
in an environment foreign to it, and the experience that these Native prisoners encounter
attempting to practice it. Secondly, it d l show the effects of Native spirituality on those
Native prisoners who practice it while senhg their time behind the wall.
1 have made every attempt to allow the Native prisoners voice to be heard in this
thesis, however, 1do take responsibility for what is written within the lines of these pages.
a Michel Foucault 199.
Michel Foucault 135- 169.
49
"Michel Foucadt
141-169.
The Mews expressed are those of my own, the Native prisoners', and the Elder, not the
Ministry of the Solicitor General of Canada o r CSC.
The prisoners themselves have defined most words that have been placed behind
single quotations and the definitions can be found in the glossary at the end of this thesis.
They are words that take on a different meaning when living behind the penitentiary walls.
As people remain to fight for Native prisoners' rights, questions aise fiom those
who are uninformed about the prison system of Canada. It is not uncornmon to hear
people ask why would someone be interesteci in fighting for the rights ofNative prisoners?
As I sit back and fiip through my many years of journals, interviews, letters, and surveys, I
reflect on those first few visits seven years ago, and remember even questioning my own
self, wondering, do 1 visit because of the ignorance or the unknown? On the other hand,
was it the mystery of the prison itseifor those classifieci as 'deviants of society,' those
'monsters' that can only be seen in the movies or read about in daily print? This mystery
kept within the w d s of this massive and solitary 'cernent machine,' found far in the
country with only the glowing orange hue present for the outside eye to see. Jim Hogshire
perfêctly describes the penitentiary in You are Goine to Prison 1994, as,
A huge machine with exposed rollers cogs and gears. Cross this
mechicai image with something bestial and y m see the machine also
has clàshing and gnashing jaws, d j t ' y - p p r longues thai snap out and
acf as conveyor beits. Muybe a big steel M e is the mmth of a strong
vacuum. Inside y m hear people screming.
mis rnomîer/machine is so large you are forced to live near it. And you
c m starad righ up next to it and not get hurr - unlessym becorne careless
or uducky. ïhen a ratchet a m may swing out and hock yolr against one
of the roflers. Or you might curiotls& &r yourfirtger between a couple
of wheeis just to see ifyou c m get oway with Ît. Yar inay slip, grab the
wrong thing or get sieepy.
At thol point the machne c m h w k ym, begiit &aggrng y m in und
nothing wiil be the same again - even though the machine muy spir you
out ~ g h away
t
... Mqybe yo~r'II get out with a tom sieeve, mqbe ym'II
never get out. One thing isfor sure: H wiffbe ~ n ~ l e a ~ ~ l l t t . ~ ~
The fint visit to the prison is unpieasam and you find yourselfwalkllig on eggshells, a h i d
of saying the wrong thing, or showing fear that is so much inside, and so hard to hide.
Arriving at the fiom gate you are met by guards some are not the Gnendliest and look
pualeci wondering why you are there. They direct you through a metal detector and ail at
once the alarm begins to sound, you begin to panic, and wonder when you wiIl be
handcuffed for the crime of wearing your steel-toed boots.
The huge steel gate that 1found myselfin from of that first visit felt Wce it was
beckoning me to enter, walking through 1 found myselfoutside again. The loud clang of
the steel gate closed behind me; 1 was now inside the largest federal prisons in Canada.
The fear of the unknown was very real and 1 had lost control of my surroundings. The
guards were in charge of my every movement, where 1 could go and where 1 was
forôidden. The end of these first few visits left me wondering how these prisoners stayed
sane in this place of numbers al1 wearing green coats, ali looking the sarne, these 'bad
men' who had f d e n fiom grace.
As a visitor, your fkst instinct is to create w d s around yourself sunilar to those
around the perirneter of the prison. In the beginning a Gnght sets in that tears within you
" lim Ho&shire,You Are Gobe To Rison (Washiagîon: Loompenics Unlimiteci, 1994) 5.
25
wondering if you d ever look at these prisoners as people instead of wondering who did
what. There are many states that you go through, first mistrust, and then hatred towards
the prison system itself, and then h a l l y you become angry with your own seK The
contiision sets in and you wonder 'how to make sense of it dl.' It almost drives you crazy
and eventually you come to reaiiie that it is not about 'making sense of it at ail.' It is
about making room for reality.
M e r many years of visiting Native prisoners behind the wall at Warkworth
Institution, I have come to learn this reality in great depth. It has always been my intent t o
do this research fiom the margins, as an outsider. However, for some reason 1 have found
myself v e n t u ~ ginto the core of the Native cornmunity behind these w d s . This joumey
has enabled me to get a better sense of the experiences of Native prisoners. My advisor
for this research suggested that 1 write the benefits and d o d d s of being a women
researcher working with incarcerated Native men. But, 1 now find this to be a difficuit
task as 1 have a hard tirne distinguishing if 1am an outsider o r an insider. When 1 go into
the prison 1 am inside the waiis, but when 1 leave, the prison remains inside of me. 1
always worry ifeveryone is ail right as there is no way of findimg out what is happening to
these men until the next visit. M e n 1visit duMg the evening with outside guests the
behaviour of the prisoners and even myseif seems somewhat guarded, compared to our
daily laughs and jokes while we tease each other during the daytirne when we are ail alone
sitting inside the teepee with no one else present but ourselves. As 1 continue writing this
thesis perhaps the reader will understand what 1 mean by this, for it is hard to describe the
feeling we get from each other day in and day out inside the prison wails. Sometimes 1
think this is where my own sanity survives.
Each entity has its own values, mords, attitudes, beliefs, and policies. As they
merge, each is altered. Of course, participating within life of the prison sometimes seems
impossible t o the outsider. However, t o the extent 1 could, 1 have observeci prison
routines and special events and have tried to imagine over and over again what it would be
like breaking d o m these w d s inside.
m e n it becomes impossible s h p l y to observe and at times 1 have fowid myself
playing the part of a participant. It would be unredistic t o assert that the past several years
of my life have not become inextricably bound up with those Native prisoners 1 visit
behind these walls. Assuming a role that varies fiom researcher to advocate has brought
me considerable personal contact with these Native prisoners at Warhworth Institution.
The involvement in the personal lives of Native prisoners becomes part of the
researcher, but how do researchers - and female ones at that - interact with male
prisoners? When do professionai relationships turn into fkiendships, and when does
advocacy stop and personal stniggles on behalf of the prïsoner begin? The struggles
reporteci within this research have to a certain extent become my own with more walls to
be faced at any given moment.
Chapter 2
Walls
During the prismer's incarceration period many boundaries and walls surround
him. He is banished tiom the town t o a location outside its perimeter within the hills. He
is first t h o w n outside the walls of society and placed within the wdls of the penitentiary.
For the prisoner his tirne becomes regulated inside the boundaries of this manipulateci
space where he finds himseif enclosed. Limitations and constraint are place upon him as
walls within walls are everywhere to be found.
Warkworth Institution is located approximately five kilometres outsicie the town of
Warkworth Ontario. It is situated on 208 acres of land and is the largest Federal
Correctional Institution in Canada with a population at any given time of approximately
five hundred and seventy p r i s o n e r ~ .The
~ ~ institution has an appearance of a large factory
with the exception of the double fences that surround its perimeter. Large coiis of razor
wire are attachecl to the tops of these fences.
The 'keeper' manipulates the bodies of the prisoners through the use of time. For
the outcome of this manipulation to be successfùl, the 'keeper' must create spaces or walls
that can be divideci into smaller spaces as needed. These spaces d o w the keeper to be
knowledgeable of the presences and absences of each prisoner. Wails are positioned in
such a way that they help intempt communication among these 'dangerous criminals.'
52 Construction of Waïkworth institution began on March 26, 1%5. in September of 1967, ten blocks was
opened and the 6rst six inmates arrived h m Joyceville. The official opening took place on October 14,
1%7. At the end of the 1%8 fiscal year, the fàcility housed 92 inmates.
28
These prisoners ciust always be in a 'state of surveillance' for this manipulation to work.
This break up of spaces makes for easier monitoring of the bodies of the prisoners, as they
become dispersed into many divided spaces.
The architecture of the penitentiary was designed in recent years not so much on
its outer appearance, but for the ability to manipulate the bodies in spaces created withinSuch images found within this architecture rernind the prisoner of the constant control this
machine has upon his body. Within this machine both physical and abstract walls can be
found. As ~uidian'~
explains, 'To me it is like ... I don't even have the say on when I can
go for a walk. I am told when and where the waik d l be. What i cm do and what I
can't do. So to me the waü is 24-7, it is almost a part of me n~w.'''~These spaces are
designed so they can be manipuiated whenever there seems to be a need for change.
The fences become a permanent visible wall rerninding the prisoner of his
whereabouts and lirniting his vision to the rest of society. As GUS'' explains, 'ies there
are walls here, you c m see out but you can't go beyond the wall. There is l i i t e d sight in
here.''56 ~oe" intempts with "the fences are there to rernind us that we can't cross over
without the right key. It shows us how close fieedom can be.'"'
This barriet placed
around the perimeter of the penitentiary separates the prisoner Grom society and society
fiom the prisoner. These fences are not only accompanied by razor wire but they hold 16
separate carneras around their perimeter, positioned so each lens faces into the prison.
53
A Native prisowr at Warkworth institution.
J
i penoaai inteniew, 6 Mar. 2000.
"
Native prisoner at Warkworth institution.
56 Gus,personal interview, 24 Mar. 2000.
" Native
prisoimat Wulovorth institution
Joe, sucvey. 10 Dec. 1999.
Patrol vehicles circle the outside of the fences on a permanent basis. These vehicles carry
weapons.
The physical walls, those that are always in view, are numerous within the
penitentiary. The razor wire that is found on the top of the fences creates an image of pain
and hurt, as swissS9puts it, 'Y intimidates you and makes you feel that if you climb up
there you're going to get hun." He continues with, "Something bad wiM happen to you,
Wce you could cut your arm off, or cut a main artery. It could kill you trying t o c h b over
that, it is an intimidation
The images of pain and death are found within the
architecture allowing the 'keeper' control over the prisoner. Such Mages create an
iliusion so that the prisoner does not even think of attempting to escape. It intimidaies
him, as Swiss explains, and makes the prisoner start controliing his own self through these
images surrounding him everyday.
Such imagery not only intimidates the prisoner into maintahhg his own control,
but afso reminds society outside the fences that they too must maintain controI. This
imagery Nrthers the image where society does not know what is behind the prison walls,
and the prisoner is unaware of what is happening outside the walls. This in tum allows the
state to have fill control in and outside the penitentiary, with the simple use of these
images as portrayed in the penitentiaxy's architecture. These images are manipulated
skillfiilly so that the walis enclosing the prison rassure society that these 'monsters' are
locked up and that the citizens of the state are d e and tiee. This allows the public to
59
Native prisoner at Warkworth Institution.
Swiss, personal interview, 21 Mar. 2000.
forget about the prisoner, and to hide fiom the daily routines that these men must endure
day in and day out.
But it is not only the physical appearance of the razor wire that forces the prisoner
to remain within the prison walls. These fences are sensor equipped, that is if a prisoner
cornes too close to the inside of the fence it will trigger an alarm signalling to the 'keeper'
that an attempt t o escape is in progress. Ifby chance a prisoner gets by the first fence,
which would be totally by chance, they must then get by a motion sensor devise located
between the inside and outside fences.
It is these security techniques that become embedded in the prisoner7smind. If a
prisoner attempts an escape via the fences then it would be more redistic to think this
prisoner wants to be caught rather than succeed. The pnsoner is aware of the architecture
of the prison and its security devices and h o w s the chances of gettuig over the fence are
slirn. When worlcing in a prison you leam that ifsomeone has been caught on the fences
trying to escape, then he must owe a lot inside the prison exchange system. lf he is in
debt, it is easier to attempt an escape and be thrown into segregation because more than
likely he w i U be shipped back t o a maximum-senirity penitentiary. For the prisoner who
attempts escape he is simply creating a wail of protection; by being shipped he no longer
will be in debt, and then has no fear of being 'muscled' by other prisoners.
Once inside the penitentiary you find the social space to be similar to a srnall town.
The institutional space is divided with walkways, barriers and buildings. The walkways
have cernent dividers allowing movement oniy in a straightforward üne where there is no
chance of any prisoner wandering outside the boundaries within this machine. The
wallcways branch off fkom a central control room where each pnsoner must report and
Uiform the 'keeper' where he is gohg and drop off his prisoners identification card so
there is a record on hand of who is where. This aiIows the 'keeper' to have fùll control of
the whereabouts of every prisoner during that particular time penod.
At the end of each waikway a guard is stationed to watch over every movement in
that particular area. The walkways are divided with steel-barred gates that can be opened
by either a large 'skeleton key' or automatically by the 'keeper' stationed in that particular
area. These gates or barriers are painted bright orange and are clearly visible tiom any
distance in the prison. These physical barriers become re-enforcements to the 'keepers'
'gaze,' preventing any action by the prisoners that could be dangerous for the smooth
running of the machine. Ifby chance some fiction does occur, these barriers can be
irnmediately shutdown so that the prisoners cm be confineci in the allocated space
provided for the 'keeper.' This immediate division of space, by the touch of a button, or
the tum of the key' helps maintain the power needed for the fùnctioning of this machine.
Inside this quaint small town, buildings are situated for their specific use. The
'compound' is located at the east side of the institution; four living-units are situated in a
circle facing a comrnon yard. Each prisoner is assigned one of these living-units more
commonly called 'the blocks.' Inside eact ülo& inere are four ranges, each designated
with sixteen single cells and four double cells. Each block is equipped to house one
hundred and twenty prisoners. There is also a new smoke-free building called the eightyman unit @MU), because this building can hold up to eighty prisoners.
These living units are where the prisoner is placed individudy, in a celi, aîiowing
for the division of bodies. The assigneci ceU is approxhately seven by nine feet in
dimension. Inside each ce11 is a toilet, sink, bed and booksheifand a few personal items
that must be -en
on the prisoner's list. ïfanything is found in the prisoner's ceIl that is
not on his list, this prisoner can be charged with having contraband; the 'keeper' then
confiscates the articles found.
The reception area is where new, incoming prisoners are placed. Reception is
located far fiom the 'blocks' on the south side of the prison. These incorning prisoners are
separated fiom the general prison population because most of these prisoners are coming
fiom a maximum-security prison where they are not used to the fieedom of movement
found in a medium-security penitentiary. Within the reception unit d e s are stricter, these
prisoners must report back t o their ceUs earlier than the general prison population and they
are watched more closely t o see ifthey are fitting into this new environment. It is here
where the 'keepers' instil the rules and regdations of the institution in these prisoners.
They are kept for approximately six weeks o r until a ceil becomes available in one of the
living units. This unit is capable of holding approxhately sixty-four prisoners.
Across tiom the reception area is the 'Hole' or the 'Segregation Unit. Recently a
prisoner gave me a story he wrote describing this unit, he calls it, 'The Hole as a Whole,"
This writing is dedcuted to the hoie as O whofe. No one knowsfor
certain where, or even when rhis prison terminoio~wasj?rst adoped but
from ail the Iiterutwe I've managed to read concenting the hole. I feei
quulijied to venture a guess.
It was probabiy in Englànd or Fmce,
somewhere between the sixteenth and eighteenth centuries. &$ore delving
into the subject of the hole anyfurlher I wish it tu be known t h t I am not
on& writing about the M e , I 'm a client.
Tmby 's M e s are more refined versions of yester&ys ' dungeons
...as I was saying; the w M e phenornenon of the hole Clas altered health
wise and otherwise.
For exmple. it even ha?F a fancy new name:
Segregation Unit. It 's O.K.I guess, b t I~stili iike the M e much better.
(r
has a htardly ring to it- Let's say for instance I go to a visit, and I
h a p p to meet some feliow prisoners there and they as& me where I'rn
Pom. There are three possible answers (a) I f I don 't ' wish to talk wirh
them. I sinpIy say* "Segregation Unit': (b) If1 don 't like the I
d of them,
or don 't want to engage in trivial tak, I simply srry "None of your
business", in which case a Fght rnay break out and they will flnd out
where I am Rom pronto, because they will be joining me. And, final& (c)
Ifthey are guys I happen fo know or they seem desperatefor news I simply
say, "I'm in the hole", which immediately sparh awe in them and the
inevitable questions fo llow:
Whutfor?"
"
Were you fighting? " "Catch
"
you trying to escape?" "Did you hit a gumd? " I tel/ yorr if 's endless. So
now you know why 1 don *t like the desigraation Segregation Unit. It 's
simply too blasé, it has irsplace but it crimps my style!
Each morning one of the superintedents ttas his oficers open the
cell dmr at which point he enfers anà asks how you are and ifycnr
have
any complaints. He discusses the news, weather and the sports with y m
and t h promptiy depcats in his immacdate mit. It really makes my cQv,
makes me feel important - like someone cares.
Some & Y S the
superintevxdent doesn 't come in the momings, in fact, he doem 't conte at
all.
On those days Iget depressed, imitable. I wonder ifperhaps I h r t
his feelings?
And I wony about him.
Thar rnaybe he's been in an
accident or is ill or worse. It m s t be hmd on si~perintendentsof jaiis. I
m a n what with all the responsibiliries and ail it m s t create a lot of stress
in their lives. ï k t 'sprobably why we have three here - t m muchfor one
man to handie. The next time the superintendent comes to visit me in my
cell I 'rn going to tell him how nice he look in his immaadate mit*and I 'll
ask hirn questions like "How's the lirtle woman? " "Cm mnning O.K. ? "
and if he never showed up on the rlay previars. I'll .y."1missed ym! "
"Kby didh 't you come yesterrlcly? " "Where were yar? " "Don't you fike
me anymore? " men maybe he 'Il know I cme about hinr a~a person - he
ahvays /CI&
so d.
Afer the superintendent ieaves we usually shower, a the-hour
flair. And then we m e giwn yard exercise with the other members of our
elire group. It is then t h t we take the opprîmity to discuss various
crimes we how committed or me thinking of committing in thejhre, and
I have to d i t t h t these crime-stonning sessions corne-up with some
pretty scary scenarios - sometimes 1 worader if 1 rnyself belong in this
place. Inese guys reafiyget into it!
Afier yard we are escorted back to Our cells and it is there we
remain untif the next &ys regime is re-enacted once again. So, if c m get
pretty boring at times. ifyou have no privïleges then you can take time to
read yout bible. write a letter. do push-ups or garher stats. mat 's nght
stats. For example my cellflow has thirty one million nine hndred mrd
f i f i thmmmd and two dots on it. My le3 a m h a ten thmmmd jive
h d e d and f i f i seven k i r s on it - or. rather it used to unfil I plucked
them al2 out to get a precise count. M g s like f h t ore realfy important;
y m can never tell when someone wiff ask you "How many dots me on
your frmr Man? Dick don 't stallfor fime. "
We get ail the hardd-corenut cases coming to the hole at one time
or another; you nmne
i f , we
guess they 're clean fieah.
gof it. sorne of them bathe in their toifets. I
Extraterrestrial 's, we have plenty of them
here. Murtians, Venufians. Neptunian 's, etc.
We have Catatonics.
Catatonie-Schizophrenics, Psychotics. Neurotics and a f i c r q people
100.
You want some autographs? We haw celebrilies by the score Clint
h t w o o d was just here lasl week* boy the gwys realiy loved him. he kept
telfing the par& to go ahead and make his &y. He hod ro feme though;
it seems that he had prkw commitment ai the Penetanguishen Mental
Heaih Facility.
llte guys cried when he le3; il w m very touching.
...Michel Jackson came in the other &yllraY
He caused a real furor. the
guys wanted him to sing
'Tm Bad" but he kept singiing the theme song
from the movie ''Ben" which was not weii received by the gays here. This
is the wrong place to be singhg songs about Raîs - let alone serendng
them, no siree. We ne*
had a riol! ...
Well. artyway, this whole exercise of writing about the hole as a
wWe has been a task. a labour of love. Brrr it has given me a headache
so I think t h I'll go lie d m n for a while and then get tcp and go for a
walk on the beach. I do thal a lot these &ys. 1h o p that y m 've admired
my honesty in these times of disiIlwionment. So longfor now, my feliuw
Americans.
I am not a crook. Guard, opta this cell door. if's me
Rit- Richmd Milhous Nixon. Char4 par4 do you hem me-'
The 'Hole' as describeci so briliiantly by Little Man is where prisoners are housed
who have deviated n o m the 'noms' of the prison regime. They may have been caught
moving something 'illegai,' 'gambling,' or 'rnusclingg' O r for some, they may have
'booked in' for protection 6om being identified as a 'rat' in the general population, or for
getting themselves into debt through participating in what the prison refers to as 'illegal
activities.'
- -- - -
61
Little Man The Hole as a Wholen mpuôlished siory, (Warkworth institution, 1987).
37
Directly across f?om the 'Segregation Unit' is the programs building and
Warkworth Sexual Behavior Clinic, prisoners attend groups in this building as directed by
their initiai assessrnent and followed up within their correctional release plan.
Next to the hole is the hospital; this area houses prisoners retumïng fiom the
hospital on the outside of the wall. These prisoners are kept in this area for a recuperation
penod before being released back imo the general prison population. The hospital is one
of the busiea areas within the prison, especiaily first thing in the morning as prisonen
stand in line for their daily, weekly or monthiy arnounts of medication prescribed to them
by the visiting physician or psychiatnst. Medications are dispensed for continuous
'docility' within the prison walls.
Psychologists and psychiatrists are part of the hospital personnel. These specialists
meet with prisoners to discuss various 'mental' problems they may have. However, for
these prisoners experiencing difficulties, it is hard for them to get an appointment with
these speciaiists right away, and sometimes they might have to wait for weeks before an
appointment can be set. As Turbo explains,
1 remember a few times when 1was h a h g a real hard time coping; the first
t h e 1 went to the coppers and asked if they could get me an appointment
with the pqchologist. These coppers in my block knew that in the past 1
had slashed up when 1 was having trouble, I tlipped out that time. The only
way they could control me was to throw me in the hole. When 1 went to
them this One they told me that 1 would have t o wait because they were
booked up for at least a week o r two. When 1 heard this 1 knew how I
could get an appointment quicker than that. So I went over and grabbed a
chair and started hitting it against the window and you know what? About
three coppers grabbec! me and before 1 knew it 1 was being visited by the
psychologist in the hole. That's al1 1 had to do was to get aggressive and
voila an appointment. That's what they make you d o in here; they want you
to fîip out. They are always playïng head games to get us mistrated and
upset, but I h o w how the system workseg
Psychiatrists visit the prison when psychiatrie assessments are needed for a particufar
prisoner's file. They visit where they first review the file, and then the psychiatrist mats
with the prisoner usualiy for oniy a brief penod. These specialists are expected to assess
several prisoners on each visit, this becomes very costly for CSC as these psychiatrists are
contracted out and charge phenomenal fèes for these assessments.
Many prisoners get upset with these visits because of the duration of the meetings
that they have with these psychiatrists. One time a prisoner told me that he spent only five
minutes with the psychiatrist and next thing he knew there was a twelve-page report on his
file. He could not understand how this report couid have been so long with such a short
meeting. The reason that these prisoners get so upset is, that this might be the only
assessment done throughout theü entire sentence. That is, they might only get one
psychiatnc assessment done and this assessment will follow them and remain on their file
for the duration of their sentence.
For those prisoners who have learned to build waiis around themselves and do not
want anyone to get by these walls, they tend to use these appointments for fun, allowing
another story for use at another time. One day ~ e a r : a~ vickster by nature, told me how
he had had some t
h with a visiting psychiatrist,
One day 1 was called down to see this psychiatrist. The psychiatnst told
me to lie down on the couch, close my eyes and pretend 1was in the desert.
So 1 did, and the psychiatrist said, "Are you there yet?" 1 thought for a
minute and said, "Yeeah 1 guess so." "O.K," said the psychiatrist, 'Wow
62 Peggy Shaughnessy, personal journal,
20 Juiy 2000.
A Native prisoner at Warkworth institution.
39
pretend you are in the desert, there is a lion ready to pounce on you, and
kiil you. What are you going to do?" 1paused and said, 'Tm going to pull
out my gun and shoot him!" "Shoot him" the psychiatrist said, 'Where did
you get the gunT7 1 said, 'The same fUcking place you got the lion!" The
psychiatrist replied with, "Get out of here you don? need me.'"
Sometimes the prisoner needs to build sorne kind of w d in order to survive, and many
wiii admit that the &est wali is the one you build around yourself
Psychiatrist and psychologist are very instrumental in the preparation of
assessments and reports found on the prisoners file; these additional reports constitute a
body of knowledge in regards to the prisoner, which help to maintain the regdation of the
prisoner's body.
One of the largest walls that Native prisoners run into in the prison is that of
reports *en
by specialists. Many psychologists and psychiatnsts may operate on
unexanilneci biases, incorrect assumptions, and insufncient information when working with
clients or patients whose cultural backgrounds difFer fiom their own. One Native prisoner
1know was required to have a psychiatrie assessrnent by a non-Native psychiatrist. This
Native pnsoner outwardly expressed his apprehension about this assessrnent to me. M e r
an hour appointment with this non-Native psychiatrist a three-page report was placed on
the prisoner7sfile. Within this report the psychiatrist stated, '%e [prisoner] presented as a
mistrustfbl individual who endorsed a strongly pro-Native view of the world and he
expressed strong resewations about my ability to understand his experience and
psychology." The psychiatrist concluded his report with,
1 believe that he would benefit fiorn an assessrnent with a Native
psychologist who might provide additional idiormation and perspective
which could be of use to CorrectionaI Services of Canada and the National
Parole Board. His [prisoner] offence-related behaviour, however is, 1
believe, considerably outside the range of normal for Native persons, many
of whom have had problem and bad Me experiences similar to those related
by [prisoner]. In addition, his presentation is suggestive of being
uncooperative in community risk management endeavours. Unforîunately,
then, in the absence of compeiling evidence that either non-traditional or
psychological treatments would have reliable efficiency in reducing nsk, in
this case, the most prudent course would appear to be conservative
management !"
It is interesting to note the repeated staternent by the psychiatrist, '7 believe" and
"normal." A Native psychologist then saw this Native prisoner. In her 16 page
report she states, "trust cannot be forced nor ïmposed, otherwise it becomes a
power struggle in which a patient has no alternative other than 'to play the game,'
Lie and 'pretend it works.' She continues with,
As in any other part of spirituality, ceremonies help find a meaning to his
past and present Life for this man and for many other s u ~ v o r sof
residential schools or for the survivors of the intergenerational impact of
residential schools (his mother was in residential schools too), Native
spirituality, which reconnect thern with their krller-self, is often the channel
of transformation. It is clear that western approaches of healing do not
work. What influences hirn Iprisoner] in a positive way and what is
efficient in bringing about change is Native spirituality ... prisoner] trusts
his Elders, he does open up to them with their teachings, and he was able
to grow spirituaiiy, psychologicaüy and emotionally.. .With the progress he
has made spirituaify, mentaiiy, and emotionally, he could begin a
reintegration process into society. He perceives the white establishment as
ofien attempting to assunilate and to colonize Native people. Because of
this perception he refuses to participate in prograrns offered at the
institution. Our role in this present report is not t o comment on the
historical facts or to analyze the rightfûiness or vaiidity of this assumption.
However, as 1 never question the moîSvaîim of a I'ewish panLentwho
systematr~dly@inses !O be treated by a Gennm therqpist, 1 do not wish
-
" This is a
-
--
ieport writîen by a nomNative psychiatrist date August 3 1,2000 and is behg usai with the
Native prisoners permission.
to question the validity of [prismer's] refiisal t o undergo therapy that is not
culturaily appropnate [emphasis my own] .66
Comparing these two reports it is clear to see the walls this particular Native prisoner has
experienced. The report f?om the non-Native psychiatrist recommends that this particular
Native prisoner remain behind the wall because he has retùsed nonoNative treatment. Yet,
the Native psychologist states that she feels that he is ready to be reintegrated back into
h
t report is 'Native spirituality' ever mentioned, however, the
society. Nowhere in the f
second report explains the importaime in great detail, and how 'Native spirituality' has
helped this prisoner to heal. Very seldom do Native prisoners have the opportunity to be
assessed by a Native specialist, which is unfortunate because many Native prisoners are
left behind the wail because of it.
Across fiom the hospital is the gym and yard area for lifting weights. Prisonen are
only allowed in this area during the evening and weekend times. It is a very busy place
and is watched by the social development staff during these time periods. There are many
recreational activities that occur in this area during the summer month's soccer, baseball,
basketball and voileyball to narne a few.
ï h e workspaces are situated in three separate areas of the prison, each having their
particular use and need for the maintenance of this machine. There is every kind of
workspace that could be found in any small town. In the east end of the penitentiary you
find the buildings of the trades; automotive, paint shop, plumbing, electrical, sheet metal,
This report is from a Native aychologist dated November 9, 2000; used with permission
42
carpenter shop, machine shop, the ornamental shop (lawn care etc.), dong with a barber
shop.
The school is located in the north end of the prison. This is where prisoners attend
school during the weekdays. The school is not only for academics but aiso for trades,
where a prisoner can take welding, and other shops. Many prisoners are illiterate and
within the prison the prisoners themselves have created a group to help those prisoners.
The schooi is set up so that prisoners can work at their own level. School is during the
week and a pnsoner gets warden exemption if attending school. That means that they get
paid as if they were working at a job within the institution.
Next to the school is where the canteen and hobby craf€is located. The pnsoner is
ailowed to spend a set amount of money every two weeks, which is monitored within the
'canteen.' If employed he is paid five dollars and ninety cents per day for his employment
inside the prison. The kitchen is also located in this area and has two separate eating
areas, one for the prisoners and another for their 'keepers.'
The church, the Fellowship Hall and Native grounds are also located at the north
end of the prison but are separateci by a steel barrier gate fiom the kitchen, school and
hobby craft building. It is in the Fellowship HaU and the Native grounds where many
cerernonies take place. hiring these activities many people fiom outside the wall attend.
This area can be shut down separately 6rom the rest of the prison with the tum of the key
if a disturbance occurs.
There are three separate walkways where prisoners are allowed movement. These
walkways branch off from a central control room known as '2-Control.' The fourth
walkway is fiom the front gate to Zcontrol, and the general prison population is not
dlowed continuous movement in this area. The barrier separating this walkway always
rernains closed, and can only be opened by the uniformed guard who is stationed at this
control post (2 Control, glassed in area). This officer is also responsible for overseeing
the two cameras in the compound, two cameras in the canteen building, and the one
carnera that oversees the waîkway going to the north end of the prison.
Across fiom '2-control' is the wardens building which also houses other
administrative workspaces. The security offices and other s e c r e t a d positions are aiso
located in this area attached t o '2-control. ' This is where the internai preventative security
officers are housed. Besides the security building is the Parole Board building and then
the fiont gate o f the prison for admittance inside the prison walls. The fiont gate controls
who will be let in and who will be tumed away. This is where outside visitors are put
through metal detectors, their cards wiped down and checked to see if they have any
traces of drugs, and then each and every person must sign in with their name, time they
arrived and the purpose of their visit. It is also interesting t o note that the central control
room which monitors the movement and controls the barriers with a touch of a button is
called 2 control; indeed that is what it's purpose is for, 'to control' movement inside the
prison walls.
The break-up of these spaces is to establish the presences and absences of the
prisoners. Every minute detail of movement occumng within any space of time must be
observeci and recordeci. Et ensures that the authorities have the abiiity to be able to close
down any given space with the tuming of a key or the push of a button, enabling the
'keepers' fuU control of the prison population with less s t a f f than prisoners themselves.
There are other spaces that occupy the prison that would not be considered
physical walls. They are unobservable walls; abstract walls. These walls seem to be the
hardest walls to face for the prisoner serving his the. According to ~ashee;' "'the
invisible walls, well that's what the institution sets down for you. Like the walls of
restrictions of what we can or can't do.'*8 sPotted ~ a g l e explains
~'
that,
They are invisible but they are really felt here. You see before 1came 1 was
in Kingston Penitentiary for four years and the waiis there were real and
you knew that they surrounded you. It wasn't just the walls of the
perimeter but it was the walls of the institution itself and al1 the old
iimestone and they were really thick. But those were physical walls and
they are almost easier to deal with because you know that's the waii and
you can see it you can touch it. But there are a lot of little walls inside
these fences here at WI."
While serving time a prisoner is confionteci with many different physical walls, but the
abstract walls become the hardest walis to face. These are the walls instillai ïnto the
prisoner's mind so that he feels that he must be accountable for his own self, his own
actions. It's the little petty rules and regulations that allow for this to be accomplished by
the 'keepers.' There are many charges that a prisoner will face if he does not abide by
these petty niles; like refusing to stand in the middle of his ceIl for the daily counts, not
reporting to the 'keeper' his whereabouts duMg the day, for refùsing a urinalysis test,
-
Native pnsoner at Warkworth instiîution.
Washee, personal inteMew. 17 Mar. 2000.
69 Native prisoner at Warkwocth institution.
67
'O
Spotted Eagle, personal interview, 16 Mar. 2000.
being caught getting a tattoo, w a k g into another ce11 block without reporting to the
'keeper' at the 'bridge.' These charges are addressed in 'kangaroo court7inside the
prison. The prisoner, if found guilty, can face two penalties, they c m face 30 days and up
of 'off privdeges' (OP hereafter) or they can be fined up to 50 dollars. These petty rules
are what the prisoners refer to as "head games." The reason for this is one day you might
be able to do it, but the next day you might get charged. It ali depends on who is working
in the 'blocks' that particular day; that particular shift.
The only way a prisoner can get added time ont0 their sentence is if they have been
charged inside the prison and the police are called in for the charge. Then the prisoner is
taken outside the prison to court where a judge can add fkther time to his sentence.
Recently one of the Native prisoners was taken to outside court for a charge; the judge
sentenced him to three consecutive months, which would be added to his sentence. When
the judge came d o m with this decision the prisoner said something back to the judge, the
judge angrily asked him why he had said that. The prisoner responded with, '7 am now
serving a life-25 sentence, what do you think three more months d do for me?" The
prisoner told me that the judge was upset that his court was being used for something so
ridiculous as the charge before his court."
The marges as set out in the 'disciplinary offences' are found within the Inmate
Offence Report and Notification Ch;lO. An
as follows,
inmate commits a disciplimny offence who
(a) disobeys ajusti~aableorder of a stflmember:
71
kggy Shaughaessy, persona1jounial, 24 Aug. 2000.
Canada, Cottectioaal SeMœ of Canada Commissioners Direnive 580. 1995, "Inmate Onence Report
and Notification Charge."
(b) is, without authorizution, in an area prohibited to iramates;
(c) wilfirlly or reckiessk'y dmnages or destroys property thot is not the
inmate 's
(a) cornmils thefr;
(e) is in possession of srolen property;
fl is diwe.pec@l or abusive towmdr a std mentber in a manner thol
cmld undennine a stt&hernber's aurhorw
fi) is in possession of:or deals in, contraband;
(7) faiis or refuws to provide a urine smapie when dennonded ptrst4mt to
section 54 or 55;
(m) creates or participales in
(Ï) a disturbance, or,
(ii) any other activiîy,
that is likeiy tojeopardize the security of the penitentiary;
(p) without reasonabe excuse, refises to work, or ieaves work;
The disciplmary action coming out of these charges can bc: a warning or reprimand: a
loss of privileges; an order to make restitution; a fine; performance of extra duties; and in
the case of a serious disciplinary olfence, segregation 6om other inmates for a maximum
of thiriy days. Such charges depend on the 'keeper' working in that area at the tirne. The
'keeper' must first decide what the charge will be and must fil1 out the form thus
deterrnining which category this falls within. Depending on the 'keeper' working in the
'blocks' detennines the outcome of the prisoner's charge.
The mental walls that are found within the prison sometimes f d within the
treatment given to the prisoners by the 'keepers.' However, the prisoners themselves also
help create these abstract w d s . The abstract walls created by these prisoners becomes
magnified by the iliusionary walls found within the architecture o f the prison. These walls
enhance the atmosphere as the prisoner tries t o do his 'own tirne' within the space that has
been assigned to him. As Swiss explains,
We run into walls with the staff, with chaplains and our bosses at work.
The prison law says we are d o w e d to go down to the Native land in the
momings o r at lunchtime to offer tobacco. But sometimes they keep the
barrier locked and say you're not aUowed down there and they say you
have to go to work instead. Then when work-up is called they then let us
down to the Native land but if you are late for work you can get fired and
lose your job. So yes there are a lot of waüs and aU kinds of stumbling
blocks that we come across and the guards are tough on us at times. But
we as prisoners leam to b d d Our own w d s too. I've learned that it is a
mask we Wear so we don't let people inside. A protection kind of thing,
not so much physical. Like if someone is going to beat you or punched
y o y weU around here those kinds of things are normal, so you sort o f
expect that kind of physical stuE But in prison you leam to build yourseif
up inside so that no one can hurt you emotionally. Being hurt emotionaily
is a lot worse than a punch in the face. A lot of guards will slarn you
inside, the ones that know you and ask where's your narnetag. You put
masks up and shield yourself
Walls can be found surrounding the prison, within the prison, and then within the prisoners
themselves where they learn to build walls around themselves as a sense of protection.
For the Native prisoners more w d s can be found within the existing walls that the
general prison population face in their everyday routines. The prison has allowed the
Native prisoners' use of two pieces of land inside the prison walis; the first is for the
growing of corn, beans, strawberries, and sacred medicines. It is aiso an area where
several different species of trees are grown. The other piece of land is where the teepee,
Sweat Lodge and sacred medicines can be found. It is located beside the church and is
entirely f e n d off with a chah-linked fence. This is the place where the Native prisoner
can 'pray' and 'sweat' d u ~ his
g incarceration period. However, the Native prisoner has
many walis to face in order to practice his traditions and beliefs. Within this area he is
only aiiowed to be on the grounds during 'work-up,' Monday to Friday and on Sunday
momhg whiie the church service is taking place. Sometimes they are a h d o w e d ont0
the land during the evening hours, but this depends on the 'keeper' in charge working in
this area, o r if a chaplain is present within the chape1 area.
Another wall that Native prisoners face is the carrying or having in possession his
sacred medicines. Within the 'Standing Order' 'Traditional Soiritual Practices" it States,
When it is nezessary to inspect sacred bundles or other sacred objects in
the possession of an Elder, Aboriginal visitor, or Aboriginal offender, that
inspection shall be lirnited to a visual inspection only, and shdi be
conducted in the presence of the mner ... The owner of the sacred bundle
shall open it and if necessary manipulate it for the optimum inspection."
Native prisoners' celis cannot be searched umil the prisoner has been brought back to his
cell and aiîowed to remove his sacred items and medicines before such a search has taken
place. This however, does not occur and often searches are done without the Native
prisoner present. These searches against policy remain an ongoing battle with prison
officials and their disrespect towards Native traditions and beliefs becomes evident. Many
Native prisoners have experienced this disrespect by the 'keepers' towards their medicines
and sacred items, as Jindian explains,
1 have had problems with the coppers a few times. They broke my smudge
bowl on me; they've touched items dong with my medicines, in my
bundles, which is not right. So 1 had to bury my medicines for ten days.
And be without. They don? look at it as too big of a deal; they don't have
a simple understanding of it. 1 don't smudge tiu 1 have it replaced, eh. The
only smudging 1 do is down on the land. They have compromised my
spirituality. A direct violation to my personal space, especialiy to me as an
Abonginal offender. 1 think they shouid be more sensitive towards these
t hings.
-
'' Warkworth Institution Traditional Spirituai Rac(ices" in stand in^ Order -702,
49
(6 Sept. 1998).
In a sùnilar incident Spotted Eagle explains,
When 1 6rst got to this institution about a year ago 1 was in one of the
living units. This copper felt that he had an understanding that gave hirn
some divine right to handle Native medicines, in contrary to the standing
orders of the institution. 1 wasn't sure what 1 was supposed to do with
those medicines, they were tarnpered with but I knew that something had
to be done so 1 prayed. 1 miudged, and my spirit told me what 1 was
supposed to do with them. 1 had to bury them, so 1 took aü my medicines
and buried them for four days and four nights and then 1 removed them
from the ground. But during that tirne they were buried, 1 didn't h c t i o n
in the institution. 1 didn't eat, 1 didn't drink. 1 didn't participate in my
correctional plan, that's what 1 guess they would c d it here (srniles). 1
didn't do anything because a part of me was in that ground. My medicines,
they can take ail my medicines, and bum thand do what they want with
them. But they can't take what 1 have learned fiom those medicines. 1 got
the impression that the copper doing the search felt self-righteous and that
he was within his nghts. He could hide b e b d suspicions 1 guess. Like the
excuse for celi searches on us Native guys in here is 'weli someone said
that you might have something, so we are acting on it.
When a Native prismer's cell is searched, as stated within the prisons 'standing order' he
is supposed to be present, but as stated before, this is an ongoing problem, Spotted Eagle
continues with,
1 was down on the land and they knew 1 was down on the land. They just
walked into my cell picked up my medicines, my whole bundle. Took them
down to the office that security uses and basicdy had my medicines ail
over the place. Sage and sweet grass ail over the Boor and a rock that was
from my reserve. 1 kuid of looked at it as some kind of sanctity that is
involved in it. If 1 was at the Vatican and started putting my hands al1 over
the covenant or anything else that had some kind of religious significance,
you know 1could be sent to prison for that.
For the Native pnsoner the added wails that they must face in order to practice
their way of life is the hardest wall to break down. The area where most sacred
ceremonies are practiced is on the Native grounds. Within these grounds the Native
prisoner is watched not only by the surveillance of the 'keeper' but also under the watchfid
eye of the chwch. The 'keepers' create limitations and constraints on when the Native
prisoner can pray on the Native grounds and when and where they can practice their
Native ceremonies. A d at any given moment the 'keeper' can threaten to take the Native
grounds and land away without explmation. This creates a double inscription on the
Native pnsoners trapped within this machine, the push for 'normakation' of the Native
pnsoner becomes yet another form of assimilation by the 'keepers' in charge. The 'right'
to practice their spirituality as entrenched in Canadian law, now becomes merely a
privilege.
Cbapter 3
The Bodies Within the Machine
3.1 Till Death do thev Part: The Textualized Body
If long before the crime, long before the charge is laid, you can
scrutinize the defendants We, penetrate into the heart, find its most
hidden corners, lay bare al1 his thoughts, his entire soul....
Dicours et plaidoyers
The body of the prisoner is used as an instrument for the collection of the
continuous knowledge needed for the maintenance of the machine. He becomes fixeci
inside, and finds himself falling into a vast array of multiple manipulated spaces. Once the
body of the prisoner is fïxeâ inside this machine it 6rst becomes classifieci to be sure of a
proper fit. The body becomes that of a prisoner, his length of his crime is calculated his
past history studied and then noted within the text, and then the dangerousness of the
body upon other bodies is closely examinecl. Foucault brilliantly delineates the role of text
and textuality. in this process he c l h s is a shift in emphasis from the written text of the
disciplines to the physical text of the individual being examined. He is seen, but he does
Foucault
not see; he is the object of information, never a subject of communicati~n.~~
places heavy emphasis on examination as a method of c o n t r o h g individuals. Whether it
'"Noted in Michel Foucault, Birth of the Prison (New Yodc Vmîage Bode, 1995) 320.
75
Foucault 189- 1%.
52
be psychology, physicai, or academic, examination is a way of exerting power over the
individuai by subjecting hirn to a powertùl ''nomalizing gaze."
The body becomes objectified through this textualization. In Life we covet what
we see everyday, the presence of the body. For the prisoner it is not what is coveted that
is seen tirst, it is the rnarkings on the text viewed long before the appearance of the body.
If a new report is needed for the prisoner's file, the specialist he will see will view this text
long before the meeting occurs. Therefore, the text now becomes the covering of the
body, aiways viewed fïrst.
The textualized prisoner now finds himseif transposing fkom a private to a public
body as his file can be Mewed by any of the 'keepers' at any tirne or any place. The
'keepers' no longer need the body of the prisoner in view; the text is ail that is needed.
Within the file or the text, the prisoners' personal data is transcribed in what is referred to
as his '%ombstonedata."76 This enûy in his file describes his overaü appearance, dong
with his picture. His age, sex, religion, race, inmate number, date of birth, offender
location, citizenship, place of birth, and his marital status are recorded. The text is then
broken down into several different categories. The prisoner has a current file and a hard
file. The current fïie includes his security level; case management file; the sentence
management file; the Intemal Preventative Security Officers (hereafter PSO) concerns
and his medical file. The hard file is a wmplete history of the prisoner's entire criminai
activities in his Me; it does not just address his current sentence.
The medical files are the only protected files within the prisoner's text. They can
76
Within each prisoners fiie is a form that has ail his personai information, it is titied "îombstone data".
53
be viewed only with the permission of the prisoner hirnself. An employee with enhanced
reliable clearance within CSC has a password, which enables them access to the Offenders
Management System (OMS hereafter) on the cornputer. Within this system any prisoner
that has ever been incarcerated in a federal penitentiary within Canada can be vïewed.
A prisoner may view his file et any time, with exception of certain texts, especidiy
those found within the IPSO nle, dong with any correspondence in regards to the victim.
Each prisoner has a case management team composed of a correctional officer also known
as a parole officer (hereafter PO), a correctional officer II (hereafter CO Ii), which is a
guard working in the prisoner's block, and the Unit Manager that is responsible for that
particular block. Each month a case management assessrnent must be done for each
prisoner. It is evident when viewing these assessments that there is a lot of cutting and
pasting fkom other areas of the prisoner's file that helps complete these reports each
month. Many prisoners will tell you that they very seldom see theû PO and have no idea
where these reports have been taken fkom.
Even after the prisoner has served his sentence the text remains to be viewed in the
finest detail, especially ifsomething should arise that might point the finger his way.
Textuaikation becomes an important tool in the exercise of power, as the text becomes
much more convenient than the body itself. For those prisoners who 1 work with and who
are ready for release, 1always warn them to be carefid and to make sure that someone
always knows their whereabouts at al1 times; this applies especially to those who have
sexually assaulted in the past. The reason 1 tell them this is, so that they won't be
surprised if the police break down their d w r in the middle of the night and they find
themselves locked up in a jail somewhere because someone has been offended in an area
close to where they are residing. This occurs because of the textualization. The police will
run a check on past sex offenders that have been released fiom prison, ifthey happen to
live in that area they shouid be ready for what may occur.
In an article in The Toronto Sun 'Break for Native rapist,''n Pazzano explains in
great detaii the crime that this Native prisoner had been sentenced for, dong with his
homfic past and upbringing. He explains how the court decision was based on the Gladue
case.
Ln that case the Supreme Court of Canada ruled last year that judges must look at
the history of Aboriginal peoples and try to find alternatives to sentencing those
Aboriginal peoples found before their courts. The problem here with Pazzano's article
was not the story itsekf, but the heading he chose to use, 'Native rapist." This prisoner
who 1 know well, and was instrumental in "the Break" for, will always remain as these
headlines state, the "Native rapist," not just a 'rapist ' a 'Native one. ' This viewing o f the
body's text will continue until he leaves this wodd on his next jomey. Although the
sentence set down by the court dong with the punishment has been served, the
textualization will remain. It wiîl lie in the archives of CSC or within the offenders
management system (OMShereafter) forever till death do they part o r until a crime occurs
in the area of his residence as his text becomes 'scrutinized' t o see if he could be guilty of
such crimes.
'' Sam Paaano, "Break for Native Rapist" The Toronto Sun. [Tomntoj 25 March 2Oûû
55
7.
3.2 Numbers
Urithin the penitentiary system numbers become top priority within the text of the
body. The courts first assign the prisoner the numbers of years he will be sentenced for his
crime. ms first narne is then stripped away where only his iast name is pimed upon his
clothing. The body now becomes a number, not a name within the text. This new identity
aüows the 'keeper' to maintain the whereabouts of each prisoner easier. The body of the
prisoner has now become merely a number, placed within the text, the very text that has
objectified the body by stripping away its flesh and replacing it in 'ink' within the
curvatures of the words.
The invention of the object is achieved through the assignment of individual
numbers, different, yet similar, some numbers corresponding with others. The prisoner is
assigned a living quarters which is fùrther divided into blocks, ranges, and individual celis.
It is what Foucault c d s the 'timetable.'"
First the assignment of numbers and then the
breaking down of time dowing for the knowledge of movement, where each will be
positioned at the exact times set forth by the prison.
The counting of numbers becomes a vital component of this machine. Counting of
heads, the counting of keys, to be sure that no one has strayed or no one has had the
chance to stray tiom the 'seeing eye.' Keys for gates, offices and other buildings are al1
located within '2-Control.' To pull a key you have to submit a tag that has been made for
you with your fbll narne engraved on it. You ask at 2-Control for the key, which has a
designated nurnber, and they put your tag on the board fiom where the key was housed.
''Foucault
149-15 1.
56
Each shift the keys are accounted for to make sure the whereabouts for each one is
known. Counting can also be found in the hospitai of the prison where it becomes very
important to count the drugs to make sure ail medications are accounted for during each
shift. This mirrors the counting by prisoners of dots on the floor and hair on the amis:
number for number, statistic for statistic - an endless reflected accumulation.
3.3
Movemeot
Movement in the prison is set down within the 'tirnetable' of the prismer's day. It
is interesting to watch prisoners as they Pace back and forth within a certain area talking
to one another as ifthey were going for a long wallc yet going nowhere. It reminds me of
my own personal response walkuig in and out of the prison each day; 1 breathe a sigh of
relief when I leave at the end of the day. 1 realize 1 can go anywhere in the world 1 want
to. We never notice fieedom; we take it for granteci, until that moment has been taken
away. It is hard to imagine a worse tomire than to be forceci to live behind the waüs of a
prison. And it's even harder explaining the feeling of walking in the damp walkways of the
prison. 1get the same eerie feeling each tirne, it reminds me of rats, or maybe hamsters
running m e d y on a wheel, enjoying the illusion that movement is fieedom. 1 remember
~
i teiiing
~ me one
s tirne
~ that the prison was designed to give just that, "the illusion of
going ~ o m e w h e r e . ' ~
80
Native prisoner at Warkworth Institution.
Nigs. Personal interview. 6 Mar. 2OOO.
On another occasion E had gone into the prison one evening for a Native
Brotherhood meeting. 1 had just got myself a coffee and was sitting down talking with
one of the Native Brotherhood members. Next thing 1 knew someone said to me7'lou
have to l a v e now;" 1 said, ' m a t do you mean 1 haven't even had a sip of my coffee."
He said, "did you not hear the copper when he said lock-down?"'
At that time I didn't
even know what lock-down meant. So 1 grabbed rny coat, and on leaving, 1 watched the
movement of this group of prisoners proceed quickly in the same d'ïection through the
maze of the walkways, instilleci so bnliiantly within the architecture of this machine, back
to their blocks. It remindeci me of a Skinner box, a bunch of rats ninning through a maze
on demand. Spontaneous movement of the prison population with the simple use of the
words 'lock-down."
Movement is controiled by the 'keeper7 with the help of the spaces within. They
can allow for tiee rnovement, or they can halt rnovement whenever or wherever they wish
to do so, with the help of the barriers within. They can c d lock-doms at anytime; this
signal means that there has been some kind of fiction within the machine, that order and
control have been disturbed. The prisoners are 'locked-down' for any given t h e until
order has once again b e n established. The stoppage of movement unexpectedly at any
time helps set forth limitations of movement, which the 'keepers' wiil use when they feel
the need should arise.
The body of the prisoner suffers some kind of paralysis, which has been imprinted
by such routines, or cornrnands, by the 'keepers7 Such routines however are not done on
his own accord. The prisoner h d s hirnselfabiding by these routines without even
knowing the purpose of why they have been piaced upon him. These routines are
purposely placed upon him in order to cut up tirne in these rnanipulated spaces found
inside the architecture of the prison walls.
3.4
Time
The use of time is manipulated using many d i f r e n t strategies. The day of the
prisoner is fùiiy planned. As Swiss explains it, ''time is always their t h e . I'm aiways
under their d e s and their guidelines." Time tums into, "seconds, minutes, hours, days,
weeks, years, a sentence given by the courts, something we do" States Nigs. in Prison
Writinns: Mv Life is mv Sundance, Livonard Peltier explains t h e as 'Doing time does this
thing to you. But of course, you don? do tirne. You do without it," he says. "ûr rather,
time does you. T h e is a cannibal that devours the flesh of your years day by day, bite by
bite.'"
Time bewme the essence of daily living behind the walls.
Mer the first count of the day has been cleared each block is sent separately for
breakfast. This begins the 'tirnetable' as set forth by the prison, the typical prisoner's day.
Once all blocks have been s e d breakfast an announcement is heard throughout the
prison "ork-up."
This signals the start of the workday for those employed inside the
prison. However, not everyone works; some attend school, others attend programs as set
forth in their correctional plan, and others, such as the Native prisoner, go ont0 the Native
Leonard kltier, Prison Wntins: Mv Liie is my Sundanœ (New York: St Martin's Press, 1999) 32.
59
grounds for the day. Other prisoners, who have no destination, must stay in their cells for
the duration of the day.
Each pnsoner must r e m to his ceil at eleven thirty for the count. They are
'locked up' in their cells as the guards do 'their walk.' The guards proceed to each celi
where the prisoner must present himseifat his window to be counted, "answering to his
name and showing himselfwhen asked - the great review of the living and the dead.'"
This great review within the prison is done three times per day. The counts are handed
into the 'keeper' in charge as the overall numbers are tailied for the correct count of the
population of the prison. Ifthe count is incorrect than a re-count is called and the
counting of heads continues until all prisoners are accounted for. This process continues
day in, day out. During the evening hours the ody clifference is the announcement; where
it changes fiom 'work-up' to 'rec-up. '
During 'rec-up' the prisoners are allowed t o go to the yard where recreational
activities take place. In the summer months this al1 takes place outside, there are sports
events and weight lifting. in the winter rnonths these events take place inside the prison
8Ym-
The prison is suspended in a variety of many divided spaces controlled solely on
t h e , seconds, minutes, hours, and years. Day in, day out, the routine never really changes
n.om one day, to one week, or as vicm puts it, "too much damn
83
84
85
Foucauit 1%.
Native prisonet who now is serving his time in a maximum-secufjty penitentiary.
V~C,persona1 interview. 3 Mar. tûûû.
Time against
tirne manipulated inside the prison waüs. T i e manipulated by the 'keeper' and 'doing
your own tirne' by the prisoner, each taking on its own meaning. As Nigs explains,
Everyday seerns about the same to me because 1 am doing a long sentence.
So, how 1 see it is, a lot of people corne here and they end up getting lost in
the melancholy of this place. Everything becomes redundant to them.
What scares me is, when 1 talk to a guy that I've known for a long time and
he seerns airight one day and then the next time 1 talk with him he's al1
messed up, like he's not the guy that used to be so strong, so together. As
if he's gone crazy or something. So you leam not to get caught up in other
people's problems and business, you learn to serve your own time.
For the 'keeper,' the regulation of 'time' exercised on the body becomes a strategy used in
the mechanisms of power found within the prisoner's everyday We.
The manipulation of the bodies, however, can also be found outside the regular
regime of the prison. As Nigs explains, 'one block is much the same as the another except
some get Iittie bonuses to rnake them feel tike it is a good block. But in my eyes it is iike
damage control, give something to get something." It is these little bonuses on the part of
the 'keepers' that d o w for certain activities that n o d y are considered 'iilegal' to go
unnoticeci. By doing this it dows for general submissiveness on the part of the pnsoner.
The prisoner never knows when such activities wiil be noticed as 'iilegal' and when they
will not. New sets of rules are estabiished that now fail outside the regular regime of the
prison routine.
The various strategies which manipulate the inmate's body, including
textuabation, 'timetables,' movement, or even the 'keepers' going outside the set d e s
and regulations, d tend to lead to the same outcorne. That is, the production of 'docile
bodies7' it is these docile bodies that d o w the prison to run according to plan. The
purpose of such an exercise of power according to Foucault was to reconstitute those as
seen departing tiom the 'nom' as 'docile bodies,' which would then be able to conform
and contribute to the production of society.
3.5
Crawlion Throunh the Cracks
Perhaps the easiest way t o view the penitentiary system is t o imagine it as a large
powerfùi man-made machine. This machine is designed upon the knowledge of the body:
the bodies of the prisoner who will become part of the mechanisrns within. Once
entombed the body is discreetly positioned to ensure its proper fit. Tt is first
individualized, and then classified t o determine where it belongs. Those employed in
speciaiized fields withh this machine extensively study the body and mind of the prisoner.
The resuits o f these findings then become 'textuaiized' and the body is converteci into the
text.
Boundaries are thoughtnilly constructed for the maintenance o f this machine and
those irnplementing its force can easily manipulate any space. Timing is perfected
preventing any stalling o r stoppage for the 'good order' of the penitentiary. Fear o r
suspicion of fiction creates extra fine-tuning for the generation of its power. When
problem spaces arise the 'gaze' o f the 'keeper' becomes paralysed and the informant is
called upon as an adjunct to its surveillance.
The idormant becomes a necessary component for the running of the prison. Such
information helps create an atmosphere where the dissection of the body no longer falls
sirnply to the 'keepers' hands as the prisoners themselves begin to Uwestigate one another.
The use of inforrnants M e r enhances the spatid and visual means needed to control the
prison population. The informant becomes a mechanism through which the totalizing
power found inside the prison is exercised ont0 the body of the prisoner.
Informants are usuaiiy housed in special wings separated fiom the generai
population. They are easily identified because of where they have been placed inside the
prison walls. Prisoners doing tirne live by a 'hard code' in order to survive. Informants
are considered very low on the hierarchy of this prisoner code. Jindian States, 'You might
cal1 them idormants but 1 myseifcall them rats." However, according to ~laco," calling
informants 'rats' just doesn't seem to be the proper term, 'iveIl some people around here
rnight cal1 them rats, but I myself would rather cal1 them goofs.'"
A 'goof is a word you
learn to never use inside the prison walis. It is considered the Iowest thing that you could
ever cal1 another person. It's like having a rodent always crawling at your feet, aiways
present, and can crawl out of any given space unannounceci.
Ifthere is the slightest hint of a prisoner being identified as an informant then he is
removed f?om the general population and placed in protective custody. He is considered
to be at risk because he has "ratted someone out,'' as Vic puts it, and is no longer d e in
this environment.
Warkworth Institution is classified as a federal medium security penitentiary in
Ontario. Its population consists of what CSC considers the 'incompatibles' fiom other
86
87
Native prisoner at Warkworth Institution.
Flaco, personal interview, 3 Mar. 2000.
penitentiaries. As BI*' explains, 'This is where rats fkom other prisons corne. They get
bounced out of where they use to be, Like Collins Bay or Joyceville. They corne here and
this is where they thrive. They know they are protected here. Rats are protected within
prisons aii the time.'"
It is places like Warkworth Institution where the 'rats' are allowed
to breed and multiply.
The merence between Warkworth Institution and other federal penitentiaries in
Ontario is that Warkworth is nin similar to that of a protective custody institution. It is a
haven for 'rats' because they have total freedom within the general population and remain
anonymous. "Nobody is reaiiy 10W sure who the rat is, but you always have your
suspicions" states Flaco. He says, '7 rnight crack to some of the guys that 1 suspect are
rats but 1 wouldn't give them any information that would hurt me in any way. Not that I
have any infiormation that w o d d hurt me (smiles)." It's the uncertainty of who rnight be a
'rat' that creates a paranoia in the prison population where prisoners leam never to trust
anyone while seMng their 'own time.'
The system of informants works when a prisoner puts in a %tey on another
prisoner. A 'kite' is a prisoner's term for a letter or note. Lnfonnation is -en
down on
a piece of paper and passed to either the guard or the internai preventive security officer
(IPSO hereafter). IPSO runs the secunty of the prison and would be similar to that of a
detective within the police force. All information ends in IPSO'S hands where they further
investigate the 'kites.'
W v e prisoner a Watkworth institution
89
BI, personal interview, 7 Mat. 2000
W e interviewing a Native prisme? in the Segregation Unit ('the Hole') he
describes what happens as an outcome of a 'kite, '
When they calleci me in to the oflice the Correctional Officer and Unit
Manager informed me that they had been given information that 1 had beat
sorneone up. They told me that there were m o r s going around that 1 was
known for musding people. It was also brought to my attention that they
knew 1 was dealing dmgs. They told me that I was nothing but a real
misfit in this institution.
Refemng to this particular prisoner as a "misfit" seems somewhat out of place in an
environment known to house the 'incompatibles7 tiom other federal prisons in Canada;
those fdiing outside the penitentiary 'noms."
He was placed in segregation where he would be instmcted by the warden and by
IPSO that the paper work was being put together for his transfer back to a maximumsecurity institution. He would spend the next three months in 'the Hole' locked down in
his ce1 for twenty-the hours per day as an outcome of 'kites' that were handed into
IPSO by 'rats.'
M e r three months and still no transfer five new 'kites' made their way to PSO,
this time giving information explaining that this prisoner was sleeping at the time of the
fight. However, IPSO refùsed to take the words of two of the 'kites' as 'truth.'
This is interesthg because during a conversation last surnmer with IPSO they told
me "we know me] is a player, but we can7tcatch him. ifwe had the money for more staff
we would put sorneone just on hirn so we could catch him.'"' It is easy to see how power
90
1 use the term 'prisoner' for confidentiality reasons.
y 1999.
' Peggy Shaughnessy, perronal journai, 7 M
can be exercised using strategic manipulation of information wliected from the informant,
although it was incomplete.
It wouid be untàir to say that al1 idormation collected eom informants was untme.
But for this particular [prisoner] who spent three months locked down in segregation for
something that he didn't do, he somehow has every right to think differently, as he
As far as 1 c m see, sometimes 1 think some of these guys have been
coached on whom to give information on. Or, they send them out on a
mission just to watch a certain person and if they don't see anything then
make something up. S t u E W<ethat wouldn't surprise me at all especially in
a place like this that reaily relies on 'rats' to give thern idormation.
Such rumon or suspicions are not ody coming f?om prisoners, but also from guards
themselves.
Last summer, Nigs, Horgay and myself were accused of moving drugs within the
prison wdls. Of course, 1 was the one that was supposed to be bringing the drugs fiom
outside the prison walls. On hearhg this rumor, 1 presented myseif in front of IPSO'S
office and demanded that if they suspected me of moMng dmgs that 1 would appreciate if
they would start searching me each day at the front gate on my arrival. 1have yet to be
searched, but somehow, 1 stili suspect that IPSO remains suspicious of my activities inside
the prison walis. When sorneone is not paid inside the prison you are looked upon as the
'other,' and staff within become suspicious that you are doing something wrong, because
there appears to be no gain behind your actions.
One evening I received a phone cal1 fiom Ancient One teiiing me that he could not
attend Horgay's Parole Board Hearing the next morning at Warkworth Institution and
asked if 1 could take his place. 1 was very nervous because 1 had never been in front of the
Parole Board and wasn't sure what would be expected of me. However, 1 had counseiled
Horgay for a long time and kept in touch with him through letters when he was transferred
to the Regional Treatment Centre in Kingston Ontario, for a program that lasted
approximately one year. So 1 sat down to prepare what 1 would address the Parole Board
with the next day. At this time 1 became very nervous and thought that this seemed worse
than i f 1 was defending my theses the next day. It then hit me that I was dealing with
someone's IXe7their fùture, and not some letters that could be placed behind a name.
The next momirtg 1 found myself in a big fancy chair with three members of the
National Parole Board sitting across from me, Horgay beside me and his parole officer on
his opposite side. The hearuig started with the Parole Board stating, 'Tt has been brought
to our attention by IPSO that you have been instrumental in moving dnigs, musciing and
garnbling inside the prison." On h e a ~ this
g 1 irnmediately addressed the issue, "Iwould
Like to bring to this Boards atîention that Horgay has sat in a Native healiig circle and
offered tobacco to the sacred fire in regards to this issue and 1 wam the Board that by
asking such questions they are going against his cultural practices." 1 continued with, "1
too have been accused of moving dmgs in this institution with Horgay and I will say that
this is merely an accusation." They proceeded with the hearing and no further questions
were asked in regards to this matter. What bothered me a this hearing was that false
information obtaùied by idormants was behg used as evidence at this Parole Board
hearing.
Paranoia is very real inside the prison w d s where 'rats' thrive and breed mistrust.
I remember Fiaco writing me a letter t e b g me that, 'lfanyone in here teils you they are
10W sane then they are crazier than the rest because this place takes a piece of you.
7392
[
often think about that when 1 l a v e at the end of the day, for I myself have days of
paranoia and sometimes catch myself looking over my shoulder inside the prison. Some
days 1 even feel slightly nervous when wallsng alone arnong the prison population. But it
is not that 1 feel u n d e because they are prisoners, rather, it's the feeiing of who might be
watching me, or reporting me, even though 1 know 1 have done nothing wrong. Perhaps
it's the side effects of the 'seeing eye' found deep inside these prison walls.
Although 1 can leave the prison whenever 1 choose, the paranoia still remains and
becomes even more magnised when I am by myselfat home. It alrnoa seems harder when
1don't have the prisoners with me for reassurance that the paranoia will eventually g o
away. Yes, it does g o away, but oniy until the 'rat' attacks once more leaving yet another
'kite' as the rumors and suspicions inside these prison w d s take aght once again.
If this is sornething 1find hard to handle, then it must be extremely tough living
inside these walls, day in and day out. Lying in bed wondering who the 'rat' might be,
could it be the guy in the ceil next to you. Or the one across fiom you, no one ever really
h o w s for sure. Living in a medium-security institution, where movement is allowed more
fieely, even if you could figure out who the 'rat' is, you just l e m to tum your head and
stay away fiom hirn. A prisoner doing t h e does not usually want to r e m to a
maximum-security prison; 1 have seen a few that want to return, but for most, they just
tum a blind eye even if they are sure who the 'rat' might be.
3.6
The Commodities found Within
Every cornmunity needs some form of an exchange system. Within this system the
unit of exchange and the measure or ümit of it must be estabLished. Within the prison
walls many illegal activities by some prisoners and 'keepers' can be found in such an
exchange system. These occur with the moving of drugs, homemade 'brew,' cigarettes,
and prostitution. Those prisoners who may have a drug, alcohol or gambling problem
often fïnd themselves deeply in debt as the cost for such cornmodities are extremely
expensive inside the prison walls. Cigarettes become the currency within this exchange
system.
A Native prisoner passed this story onto me,
Many years ago. Indian youths w d d go away in solitude to
prepare for manhOOdOOd
One such youth W d into a beaut~fuivalley, green
with irees, brighf with flowers. nere he fmed But on the ihird aby, as
he looked up at the surrounding mountains, he noticed one taii nrgged
peak, capped with dzzfing mm.
1 wiii test myself agm-nst bat mountmn, he fhought. He put his
buffaio-hide shirt, threw his bfmkefover his shoulders and set o#to climb
the pak- When he reached the top he stood on the rïm of the world He
[cutrid] see forever, cmd his heart sweiied with @de.
men he heard a
rustle at his feet, and lmking d m , he saw a snake. Before he c d d
rnove the smke spoke: "1am about tu die. " said the snake- It is too cold
for me up here and i am fieezihg. 7?tere is 110 fdand I am starving.
Put me under your shirt and take me d w n to the vailey. " "No, " said the
youth- "1 am forewmed
I kww your kind Yar are a rattlesnake- i f ?
pick you up, you will bite and kill me. "
The ymrth resisted uwhile. but this was a very persuasive snake
with beaut~fuimarkings. At lmt the ~011th
hrcked it under his shirt and
carrjed it down to the valley. nere he laid it gent& on the pass, when
su&nfy
the snake coiled. rattled and leapf, biting the [ymith] on the leg.
"Bur you promised" cried the youth-
"Ym knew what I
was
when y m
picked me up " soid the snake as it slirhered away-93
The prisoner, like the boy in the story is 'Yorewarned" w i t h the prison waîis of the rules
and regdations that he must foliow during his incarceration and is aware of the
consequences if he should deviate fiom such d e s . 'SurveiIIance' becomes the engine of
the machine as the 'keeper' monitors the environment that the prisoner rnust live in as his
body is continuously examined in the finest detail within the division of time and space.
The desired outcome of this su~veiilanceand manipulation of the prisoner's body is to
93 This story is used with
permission.
force the body ofthe pnsoner into a state of 'docility.' Such routines set d o m for the
prisoner eventually t u m s into boredom."
For the pnsoner a Life of boredom makes for a very long sentence. T h e begins t o
run in slow motion. And as Flaco States,
We have oil, w e got weed and we also have hash. They don't reaily mùid
that kind of stuff, but they will pinch you with it if they get the chance. On
the other hand, we got crack, we got heroine, booze and pills. They don't
like that because it causes problems and can cause people to be hurt and
killed. By selling dmgs it keeps you on your toes because you always want
to be on your toes in here. ifyou dont stay on your toes in places like this
then who knows what rnight happen to you. Like 1 have told you before
sometimes 1 feel lost, 1 keep saying to myseLf:1 am stiil here, stiU here, still
here. 1 go through that everyday and sometimes you need something to
excite you but you don't want to go there because when you do you end
up doing something stupid or something. But if you get into debt in here it
aimost forces you to do whatever needs to be done to stay on top.
For those prisoners that consume contraband within the prison, this only fùrthers the
'docility' that the 'keeper7 is trying to maintain. This consumption of contraband satisfies
the prisoners by puîting them into a passive state causing no friction within the machine.
But those who move the contraband are kept active - on their toes - and alert!
Moving 'contraband' within the prison takes a lot of planning, scherning,
negotiating, and strategizing around the system by the prisoner. He is always in the state
of danger, always needing t o be on his toes. The 'docile body7 no longer exists in this
pnsoner, he feels he is beating the system and he can purchase whatever he wants because
of the exchange.
94
Foucault 195-228.
For the Native prisoner it becomes coafiising as some fhd themselves carrying
'sacred medicines' in one han& and 'contraband' in the other. This becomes a challenge
for the Elders coming into the prison to teach the Native spiritual ways. As Ancient One
explains, Yhe greatea problems that 1 experience with some of the Native men in the
prison are the dmgs. 1 r d y think that the dmgs are used for control things and 1 think
they are coming in by administration. They corne in for two rasons; one for income and
the other for contr01.'"~ Whether the movement of contraband is by the prisoners o r the
'keeper' this becomes a serious problem when working with Native prisoners.
Gus, a Native prisoner describes the movement of contraband as,
They want us all to be zombies in this place. They actuaily turn their eyes
on the illegai dmgs in here because these dmgs mellow the guys out and
then they don't have to worry that there might be problems. They would
prefer to see the guys iike that than to see them aggressive. And they're
making money off it too because in places like this some guards carry and
bring it in and for them it is really big money.
It is tnie that some of the 'keepers' do carry drugs into the institution. They do not have
to go through a security check and can carry anything they want in and out of the
penitentiary. And their unions' poiicies on such searches protect them. However, rumors
do begin and 'kites' also make their way in regards t o these 'keepers' to 'IPSO. ' These
complaints are investigated and throughout the years 1 have been going into Warkworth
Institution some of these 'keepers' have even lost their jobs for these 'illegai' activities.
Dmgs and alcohol are not the only commodities moved inside the institution.
95
Ancient One, telephone interview, 3 Apr. 2000.
72
Cigarettes are one of the largest commodities for the pnsoner to move. Money is not
aliowed within the institution and is considered contraband. Those that move 'packs'
become known as the 'banker/store7 within the institution. Without packs it is hard to buy
what you might need inside the prison's black market. 1 have often warned people outside
the prison that if the state decides to make penitentiaries smoke-free in Canada then they
better be prepared for the riots that will occur within these federal penitentiaries. These
rïots wiii not occur because prisoners will be unable to smoke; rather, they will be out of a
currency. This wiil shut down the exchange systern within the prisons and for those that
need a daily fi& a drink, or whatever habit needs to be filied, the lack of currency wiil
create riots and total dismption within the federal penitentiaries until a new currency can
be estabtished.
Cigarettes are not ody profitable for the prisoner but become one of the largest
forms of cornmodity for CSC. The moa cornmon brand of cigarettes srnoked by the
prisoner is 'Export A' cigarettes, and these are cheaper to buy than any other cigarette
brand. So ifevery federal prisoner must purchase cigarettesjust to have currency, and if
every prisoner in Canada purchased a minimum of four cartons per month, than CSC must
be making a large profit from the sales of tobacco within the prison population in Canada?
Each prisoner is only aüowed to spend a certain arnount of money at canteen
within a two weeks period. They are given a code when they enter the penitentiary and
when they purchase something at the canteen they must punch this code in and place their
hand on a machine programmed to i d e n e each prisoner individually. This further
enhances the monitoring of the bodies within the prison, helping the 'keeper' to record
each prisoner's individuai purchase.
ifa prisoner is moving cigarettes and has several 'packs7 in his house he still must
continue to purchase cigarettes so that the 'keeper' will not become suspicious of him. If
the 'keepers' are aware that he is a smoker or that in the past he has always purchased
cigarettes fiom previous canteen days and now he doesn't, it is more than iikely that this
particular prisoner will be observed more closely to see what he rnay be up to.
Those prisoners living in the smoke-fiee building are unable to purchase cigarettes
because of the strict regdations that must be foliowed in order to live in this unit. Those
that are housed in this unit must sign a contract that they do not smoke and wiii refiain
fkom carrying any tobacco products. If they get caught with any tobacco products
whatsoever, they will be moved to another living unit. This unit is the best unit within the
prison; it is the newest unit in the prison and is a better facility than any other block. These
prisoners mua then create a difEerent exchange syaem ailowing them to purchase t h g s
similar to those carrying 'packs.' For example, they may be able to trade certain foods,
stamps, or whatever products that are not easily accessible to the general prison
population.
Sexual activity arnong prisoners does occur and becomes yet another cornmodity
within the penitentiary. For the transvestite this arena becomes very profitable. Recently,
Big Sun, a tnuisvestite at Warkworth Institution, approached me and to see if I would
escort h e p to the halfway house on her retease date. 1 told her that the Native liaison and
%
1 have used the tem her in this section out of respect for Big Sun.
74
myselfwould be more than happy to do this for her. Arriving at the e a y house the
Native liaison and 1 read the conditions of her parole: no contact with prostitutes, stay
away fiom crack houses and that she seeks psychiatric help for her gender issues etc. On
reading this 1 could not believe that we are now in the new millennium and yet conditions
such as 'gender issues' remain to be viewed as a deviation. For some Native peoples this
is considered being 'two spirited' and is highly respected among some First Nation
peoples. As explained in We Are Part of a Tradition: A Guide on Two-S~iritedPeople for
First Communities, the author notes,
Two-Spirited people have a long history with most of Turtle Island's
Nations. Before contact with the Europeans, First Nations people across
T u d e Island recognized the special people given the responsibility of
carrying two spirits. Very often, we were the visionaries, heaiers, and the
medicine people. 2-Spirits were respected as vital parts of the societies of
our ancestors. There are individuals documented in our history, men who
dressed as women and took husbands and of great women warriors who
took wives and carried the bow.
Sometimes it meant a dream. Young women who dreamt of warriors or
hunters' weapon would know her course. Young boys who preferred the
wrnpany of wornen, cooking instead of going on the hunt, were also born
for a difFerent reason than most. People did not interFere with this. tndeed,
this was within the r e a h of the wisdom of the Creator. The Great Mystery
creates all beings for a reason, and two-spinted people are no exception."
However, 1 have learneà fiom this experience that society remains homophobic. On
tailcing to Big Sun's Parole OfEcer at the halfWay house, the Native liaison explained to
her the importance of two-spirited people among First Nations and that he had a problem
with the condition set forth in Big Sun's parole conditions regarding "seeking psychiatric
97 Gilbert Deschamps, W e Are Part of A Tradition: A Gui& on Two Sbirited Peo~le
For Fïrsî Nations
Communities (Toronto: 2-Spuited People of the 1" Nations, 1998) 1.
75
help for [her] gender issues."% On returning to prison, Big Sun told me that once we lefi
the haifbay house she was called in by the parole office and told tbat whatever the Native
liaison had discussed would not be followed.
Other conditions such as programs for violence, substance abuse, etc. are offered
at 'The Spint of the People,' a Native organkation located in Toronto. When Big Sun
asked ifshe could take the programs set forth in her parole conditions at 'The Spirit of the
People' her parole officer idormeci her that these programs were not recognized by CSC
and she would have to take the programs offered to her by CSC. Programs for Native
peoples do exist outside the prison wafls; however, CSC does not view such programs as
retiable. Such comments as this are ridiculous because these Native programs are fùnded
by the state, yet not recognized for Native prisoners being released to halfway houses
owned by CSC.
Another problem that Big Sun faced at the halfway house was, "we were allowed
to smoke in the halfway house, but not in our rooms. There was a room designated for
smoking. When 1 met with my Parole Officer 1 asked her i f 1 could smudge in my room or
did 1 have to do it in the area where we could ~rnoke."~
Her response to this Big Sun said
was, "definitely not, you cannot do that in any area of this building!" Such conditions as
reported in her release plan do not exist inside the prison walls. However, some activities
are considered iliegal inside the penitentiary, but she can work as a prostitute, and be a
transvestite openly without counseliing for her gender issue. Her choice of sexuality does
not becorne an issue inside the prison walls, at least not by the prisoners.
98
99
Rggy Shaughesy, personaijournal, 14 Juiy 2000.
Rggy Shaughnessy, personaijounial, 23 h g . 2000.
76
These prisoners protect her fkom ham although the 'keeper' does not treat her
very weii and ifcaught performing 'prostitute' activities, charges will be laid. But within
the general prison population she can do whatever she wants openiy as her body becomes
a comrnodity within her daily living inside the prison w d s . 1 have heard Native prisoner
~ this was oniy done in fun
tease her, saying that she "isjust Light in her m ~ c c a s i n s " 'but
sitting in the teepee one moming as we aii laughed including her.
It should be noted that not dl prisoners or 'keepers' within the penitentiary system
pariake in Pegal activities. And, not al1 prisoners become transvestites o r perform
homosemal acts as portrayed in the movies. However, these things do exist within the
everyday life of the ptisoner and their 'keepers,' whether as a participant or not. And it is
important to note that these prisoner and 'keepers' are exposed to such activities during
the daily routines of prison life behind the walls.
100
e
&
g
y
Shaughnq,
personal journal, 25 Jan. 2ûûû
77
Chapter 4
Aboriginal Prisoners' &hhd the Wall
There are many challenges that Native prisoners experience while serving their
prison sentence. One of the rnost dramatic examples is how they are fkst systematically
removed to prisons distant fiom their homes making outside visits almost impossible for
family, ffiends, and spintual leaders. Native spirituai observances are as diverse as the
many Nations of these lands, which means someone fiom a federal penitentiary in the West
transferred to a penitentiary in the east has no opportunity to meet with spiritual leaders
familiar with that parcicula. prisoner's traditions and beliefs.
The second problem is the complete disrespect of the 'keepers' found within the
penitentiary system for the sacred objects necessary to Native ceremony. These sacred
objects include the sacred pipes, eagle fathers and the sacred medicines, which are
integrai parts of ceremony necessary for Native spiritual expression.
The third is the lack of willingness by prison officiais to recognize that Native
ceremonies are not performed on a linear, weekiy basis. Native spiritual observances are
guided by cycles, seasons, and other naturai related occurrences. The disregard for Native
ceremony, which is in harmony with those occurrences in these naturai settings on which
the ceremony is founded, efféctiveiy denies Native prisoners their spiritual fieedom.
Warkworth Institution houses many Native prisoners who have been relocated
fiom as far as the west and east coasts of Canada. For these prisoners it is almost
impossible to keep in close contact with family fkiends and spiritual leaders familiar to
them. Many of these Native prisoners mua rely on their medicines and the close
connection that is established with the other Native Brothers behind the wali in order for
them to survive their incarceration t h e .
One of the biggest problems that these Native prisoners face on a daily basis is the
disrespect shown towards their spiritual ways. As Vic explains:
There is a policy that was written by CSC that in order to do a ceU search
on a Native individual the guards must contact the Native prisoner and he
be d o w e d to corne back to his house before the search. The Native
prisoner can then remove his medicines and other sacred items before they
do the search. But, for me that was not done. My celi was searched
without me being present. And my medicines were contaminated with their
negativity by their touching. 1 was very angry and bitter towards them
when that happened. The choices 1 had d e r that was done to my
medicines was, 1 could destroy my medicines by pumng them into the fire
and offeruig them to the Grandfathers. Or, 1 could re-smudge them and
that is what 1 decided to do on this occasion because in prison it is very
hard for us to get our medicines. Especially for me, 1 am a far distance
fiom home; 1 was transferred here fiom the west. 1 have medicines fiom
British Columbia and Saskatchewan and it is hard for me to get these
certain kinds of medicines here most of mine can only be gotten in the
west. So when 1 re-smudged my medicines that they contaminated I asked
the Creator t o take away aii that crap and negativity those coppers had put
in them and 1aliowed the Creator to deal with that for me.
For these prisoners, especially those far tiom their homes, mediches are hard to get inside
the prison walls. The Native prisoners do grow their own medicines in the gardens on the
Native grounds; however, they only last for a certain length of t h e . if medicines were
b m e d e v e v tirne the 'keeper' contaminateci them with their cell searches, these men
would have no medicines left to be able to pray with.
On another occasion Swiss explains what he was forced to do as an outcome of his
medicines being touched by the 'keeper' doing a cell search,
When my medicines were touched 1 couldn't believe they had done that to
me. 1 was taught that if someone else ever touched your medicines that
they had t o be bumed. But when they came in to my ceU unannounced and
didn't even infonn me that thqr were doing the search the Elder told me
when 1 contacted him to just set the medicines a side for awhile and let
them be, so that is what 1 did. You see these people working here don?
have any idea what could happen to them by handling my medicines. They
thïnk it is a joke, but someday when something happens to them maybe
then they wiiî respect us or listen to us a bit closer. You see by them
handling my medicines something could happen to them, my medicines are
a part of me. These medicines carry whatever is going through me, all my
anger, my past addictions, al1 my emotions; all of those things could be
channelied through my medicines. When that guard decides to handle my
medicines then he or she better be prepared because something could
happen They could end up with an addiction, or become sick and t won?
be my fault if that happens. They know the d e s of doing the searches, so
I just tell them you know your not suppose to be handling my medicines so
the onus is on you. The biggest problem in here is that our resources for
our medicines are very low, so we have t o be careh1 of what we do with
them. This is why dealïng with our medicines and our practicing of our
spirituality in prison is so important to us and it seems t o always be such a
struggle and a fight with these people that work here.
When the 'keepers' do not foUow the rules within the prison walls, especidy when it
comes to medicines being desecrateci, the protocol that should be followed by these Native
prisoners according to Nigs is:
The incident should be reported to the keeper in charge of the unit where
you live. Then the Native liaison should be notified who wiU then contact
the Elder for advice on what should be done with the medicines. Generally
they should be bumed if they have been violated, but medicines are so hard
to come by in prison that it is not looked upon as something we would
want to happen everyday. 1 remember one day 1 had just returned to my
block and 1 was passing the keepers office and 1 don't know why, but out
of the corner of my eye 1 noticed ail my medicines thrown across his desk.
AU I remember is grabbing the wall next to where 1 was standing, 1 felt my
legs gettuig weak, and 1 thought I was going to fdl to the fioor. 1 was so
angry and they must have sensed it by looking at me. The guard ran over
to me and starteci to apologize, he knew that 1 was mad and he dso knew
that he did not foliow the d e s for the cell search- But it was too late for
an apology; he had already desecrated my medicines. He took me into his
office and let me phone Ancient One right way, he knew he had done
something wrong. But you know we cornplain and put in grievances about
these searches al1 the time, but the problem still remains and cell searches
on the Native Brothers still continues on a regular basis in here.
Why this problem continues tirne and time again 1 am not sure. Perhaps it is that 'keepers'
feel that Native prisoners get too rnuch. Or that they continue to be suspicious that it is a
cover up for contraband. But whatever the reason is, it rernains an ongoing problem for
the Native prisoners at Warkworth Institution.
Many Native prisoners believe that the problems exist because the 'keepen' have
no respect for the Native ways of practicing their spirituality. As Gus explains,
The staff in here has no respect for our medicines or anything else that has
to do with Native beliefs. Some of these people in here just wdk into our
cells when we are not around and just throw the medicines al1 over the
place. If that happens you can put in a grievance towards the guards but
nothing ever happens to them. These coppers have no respect for my
medicines; they use the excuse that they searched it because they had some
kind of suspicions about me. These guards are so racist and ignorant; they
say ow medicines srneils like pot when they smell it being bumed. Then
they get out theu paper and &te you up, as if you have smoked a joint or
whatever. Even though you have done nothing wrong this report ends up
on your fiie because of their suspicions. Us Indians get added paper work
on our mes for praying 1 guess. We are not respected in this place; they
just don't like Indians that 's ail.
This reminds me of the day the Native liaison and myseifwere walking back fiom lunch
where we came across one of the assistant wardens in the walkway. He approached us
and told us that Bear had been charged with smoking dmgs in his ceU earlier that moming
and we had to speak with the 'keeper' in charge.
On entering the 'keepers' office we were told of the incident in the range that
moming while the offices were doing their morning count. The 'keeper' explaineci,
This moniing while the officers were doing their count they approached
pears] ce1 and they noticed his window was covered [prisoners are
allowed to cover their window while using the toilet, however, this window
can oniy be covered for allotteci amount of tirne before the 'keepers
become suspicious of illegai activity] when they retumed fiom their walk
the window was stiil covered so they busted into his room. On entering
mear] jumped off the toilet seat and the guards noticed that he had not
even went to the washroom when they lookeâ into the toilet. His room at
this time was fiNeci with smoke, which smelt like marijuana. 1 was on the
range this moming and when they opened his door 1 started to sneeze on
account of this smoke. I always sneeze when 1 smeU marijuana. 1 know he
was smoking dope and he was just using the excuse that he had to use the
washroom so we wouldn't catch him.lO'
She then asked the Native liaison "cm 1 confiscate that shell he was using so 1 can have
the contents of this analyzed to see ifit was d r ~ ~ s . "He
' ~told
~ her "îhat this was a sacred
item and that she could not take it, but she could ask P e a r l if he would empty the
contents into a bag for her. But if he renised she could not take it. If she did he would put
a complaint in on her to the national level of CSC."'" He also told her 'Wat she could
'O1
Io?
'O3
Peggy Shaughnessy, pemnaI j o d ,25 M y 1998.
Shaughnessy,personal journal, 25 Juiy 1998.
Shaughnessy,personal journal,25 Juiy 1998.
82
send Pearl for a urinalysis testing ifshe was aire that he was using c i r ~ ~ s She
."~~
seemed upset on what she was hearing and continued with,
1 can't understand why these Native inmates are even allowed to be able to
bum that stuff in the ranges in the first place. The smeli of that is not fair
to the guards working in these areas or the other inmates living in the
blocks. These prisoners that wish to burn these things should have to do
this outside or in some area that the pnson designates for it to be used.
You should be embarrasseci that these prisoners are using this for a coverup to use drugs. Something has to be done about this and I will not
tolerate this. 1 don? care if they are Native, Chinese, Black or White they
are ail prisoners to me.''
The Native Liaison told her that '%e would like to coliect medicines and have each guard
that went into Bear7sce11 that morning, to corne in and he would burn each medicine to
see ifthey could identiQ the smeU that moming in [Bears] cell."lM She was reluctant to
agree, but eventually said "o.k."'07 We proceeded to collect medicines from a few of the
Native prisoners and then went to [Bears] ceil to get some of the mixed medicines that he
said he was burning that morning.
The guards were calied in one at a tirne, and each one identified the mixed
medicines as pot. When the Native liaison reported his findings back to the 'keeper' her
response to him was, '7 don't care what you tel me, 1 am still going to write an
observation report."lo8 1 left the prison so angry that day because I could not believe that
someone could be so blatantly ignorant about someone else's beliefs.
lw
'Os
'O6
'O'
'O8
Rggy Sbaughessy, personal journal, 25 July 1998.
Shaughnessy,personal journal, 25 July 1998.
Shaughnessy, personal joumai. 25 Juiy 1998.
Shaughnessy,personaljournai, 25 M y 1998.
Shaughnessy,personal journal, 25 M y 1998.
Bear was never charged but a report was written regardiing the incident and placed
within his file. However, Horgay was not as fortunate, as he explains,
One day 1 was charged because they thought that 1 was smoking up. But 1
wasn't smoking up 1 was smudging. For a long tirne before they charged
me I think they were taking sarnples of my medicines, because they were
depleting. 1 would place them in a certain spot in my house and 1 knew
when they had been in my cell even though they had not d e d me back. 1
always knew when they had been there because something was aiways out
of place when 1 came back. But I couldn't prove it. I wuldn't prove
anything. Well they came to my ceIl and accused me of smoking up and
charged with a substance known as cannabis. They told me that 1 was seen
standing in fiont of my window smoking. So the next moming they made
me go to the bubble where they read me my charge. They then locked me
up in my ce11 and told me to piss in a bottle. They then went through my
medicines and asked me what they could touch and what they couldn't
touch. Then 1 went to court because of these charges but they ended up
being dropped because my piss test came back negative. But you know
what they still throw this &on
your file and it stil is used against you.
Look at what happened when 1 went in fiont of the Parole Board, you
know because you were there with me. They still accused me of using
drug. 'O9
The prison becomes a machine that no longer needs facts in order to run efficiently,
suspicions will do just fine. Although policies have been written which allow the carrying
of medicines by Native prisoners and protect these medicines fiom being desecrated,
problems d l remain. The 'keeper' would rather believe that the Xative prisoners are
using the practice of their spirituality as a cover-up for drugs; the practicing of 'Native
spirituality' then becomes categorized as a 'security risk' within the prison walls.
In a discussion with one of the 'keepers' regarding the importance for the need of
'O9
Horgay, telephone interview, 7 Mar. 2000.
a Native program in the institution, he looked at me very seriously and said, 'Tou d o
reaüze that some of these Native inrnates are going to retum to the cities when they get
out?"''0
From this comment 1 realized the mentality 1 was working with, these people in
charge of the institution believed that in order to be a real 'Indian' you had to live on the
'rez,' but ifreturning t o the city, you would have to learn how to be 'white.' These
'keepers' have no idea of the heaiing powers that these men experience fiom practicing
their spintual ways inside the prison walls and that it does not matter where one resides
for Native spiritual ways to be practiced.
Such attitudes arnong CSC workers are rampant within the prison walls, as the
'keepers' would rather beiieve that the medicine bags and the smudging by Native
pnsoners are done to cover up the smell of their dmg habits. The reasoning behind such
beliefs on the part of the staffis they assume that the Native prisoners have never
practiced their traditions or beliefs prior to their incarceration and that these prisoners will
probably never continue with such practices upon their release. The staff does not look at
how such practices help the Native prisoner through their time which allows them to
survive within the walls and for some may help change their life forever.
The 'keeper' does not realize that if a Native prisoner is ever caught abusing his
medicines by his Native community inside the prison, or by the Elder outside the prison, he
will have serious consequences to face, more so, than any arnount of charges that the
prison could set forth. Not only would his medicines be taken away fiom him, but he
would be confionted by the Elder and in most instances he probably would be very
embarrassed for his behavior compareci to not really caring about the charges given to him
by the institution.
CeU searches are not the only problems that the Native prisoners' have to d d with
while serving theu t h e and attempting to practice their spirituai ways behind the wall.
According to Washee, who lives in the smoke-fiee building, he says:
When 1 f i s t moved into this building 1 was not the medicine carrier for the
Native Brotherhood. But 1 did have my personal mediches. 1 went for an
inte~ew
with the unit manager in EMU at which time 1 told hïm about my
medicines. The Native liaison had corne dong to this meeting with me and
he tùrther explained to hirn the importance of my medicines and how they
were a part of my joumey as a Native person. 1 also explained to him that 1
wasn't interested in breaking any d e s if 1 was allowed to move into this
building and that 1 would agree with their terms and not bum any of my
medicines in the building o r on the property. 1 had no problems until about
a year ago, 1 had just become the medicine carrier for the Native
Brotherhood and one evening when 1 was retuming t o the unit 1 was
approached by a guard and asked what was inside the bundle that 1 was
ca-g.
1 explained at this tirne that I was the medicine carrier for the
Native Brotherhood and that these were the Brotherhood's medicines. 1
was told that 1 know the d e s of the building and that tobacco was not
dowed. 1 tried t o explain that 1 had an agreement with the unit manager in
regards to the medicines and that as long as 1 was not buming them uisidc
the building or on the property then it was o.k. This guard was very
adamant about this and charged me for carrying tobacco into this unit. 1
found the chaiman of the Native Brotherhood and eventually the Native
liaison became involved and the charges were dropped. But until the
matter was dealt with 1 had to take the medicines to the land and keep them
inside the teepee because they were not aliowed to stay with me. Another
time we had just finished a ceremony in the teepee for a women who had
died, this lady was a volunteer that had done a lot for the Native
Brotherhood. When news spread throughout the prison about her death,
an Elder called me to bring the medicines to the teepee for the ceremony. 1
had gone to the land with the mediches and when 1 retumed this guard just
went off and told me that 1 couldn't have medicines in the building. And 1
said ail right, and went to the vice chainnan of the Native Brotherhood.
We both approached this guard about the medicines and we both ended up
getting charged. So we went to the warden's office and met up with
another unit manager, he guaranteed us that the matter would be dealt
with. Since then 1 have had no fùrther problems, well 1 guess 1 should say
not yet anyway!
Problems that arise over the carrying or possession of mediches and sacred objects are an
everyday occurrence behind the w d . But these Native men have leamed to fight and
continue to fight for their rights to practice the ways taught to them by their Elders.
In an e-mail sent to the Native liaison fiom a Native worker who had corne to the
prison to teach the Native prisoners a course, the worker wrote,
Prior to delivering the [workshopj tu the Aboriginal men ai WarRworth
Iristifution, I had consulted wirh yotr on the ucceptance of smudging in the
classrmrn. Y m anticipated no problems with the practice at Warkworth
and being in other institutions, I anticipated no problems. Please do not
accept this letter ar a letter of compfùiitt, but wiih reg& to sntudgrng, it
is important that we cIeanse ourseIves rmd offer ihanks before engaging in
lemming. As ymr know, it is not a rnaïter of rnoving outside COdo strçh a
practzce &fourIeaming is to take place, then it is acceptable and p r o p .
Mr. f s t m qprmched me regarding some d e s he discovered in uur
cImsroom and inquired as to its origin. It was made known to him that my
class md I had smudgeed. as we had done for almost iwo weeh in this
r o m No one complained to me t h t smoke was an annoyance, since we
Repr the dwr closed when we did so. Mr. [kt@
inpired if1 war aware
that this particullm building wm smok free. I reeplied to the effect,
1 had with
smudgritg was nul cigarette smoke. I reiàted my converSLIiISLIiIon
you to Mr.f s t m and he then left to corrsuIt with you. He retumed saying
he spoke with yotr and that you directed him to a higher ofleiai. Under
the recornme~tionof this higher ofJiciai, Mr. [stm suiâ we are not
allowed to m d g e in this building because if is d e free, but going
outside to snnrdge w d d be ail righr. I reespected this decision and
infonned the men we would not mmdge this &y untilI . p kwith you for
frrther direction. Just a fiml note, though Mr. [ s t m was quite cordial
about this issue, but I find it oflemive t h the qirituaî pracfice of
sntudgritg is to be included as pur^ of the prohibition of cigarette smoke
toxins [ernphasis my ownj.
Medicines being cornpareci to cigarette smoke-toxins continue, and problems that arise can
be seen in the last two stones told. However, when the church decides t o burn incense
during their ceremonies, this then becomes part of the religious ceremony and is aliowed.
D u ~ ag recent ceU search one of the Native pri~oners"~
had his smudge bowl
b r o k g he had not been callecl back to his ceii during the search,
They broke my smudge bowl on me; they also touched my medicines in my
bundle, which is not right. So 1 had t o bury my medicines for ten days. 1
was without my medicines for that long, ten days. But they don't look at it
as being very serious because they don? understand our ways. 1
approached the warden and he told me not to worry about it that they
would replace my smudge bowl and how much was it worth? (Laughs)
Your typical white man's solution to indian peoples, how much? They
think they can replace eve-g,
even precious items with the exchange of
money. 1 cannot smudge in my ceIl until my smudge bowl is replaced; the
only place 1 can smudge now is on the land. And 1 can only go to the land
when they let me. These people in here have once again comprornised my
spirituality. It has been three months now and they stiu have not replaced
my smudge bowl, to me they have done very much h m . My
Grandmother gave my smudge bowl t o me and they don't understand what
it means. They just look at it as a materialistic object, but it7s part of me,
who 1 am as a Native person. 1 tried to explain that to them when they
smashed my smudge bowl. It's not the principle of replacing an item you
know you could easily replace it's not that. 1 had that for ten years and the
value far exceeds the douar you can put on it. It's a part of me and you
can't put a price tag on what its worth.
M e r many months had passed and there was d
l no replacement for this Native
prisoner's smudge bowl 1 made him a new one on my potter's wheel. This now has
comected us even closer. The one that was broken could never be replaced, for it had
been passed down to him fiom his grandmother. The sad thing about this entire incident
-
-
--
-
--
--
"' Native Liaison, e-mail, 17 Dec.
1999.
1use the tenu 'Native prisoner' for coxûideniiality reasons.
88
was the ody thing that Warkworth Institution could do was offer him money for its
replacement. Those in authority oversaw the senousness of the desecration of such sacred
items once again.
4.2 Rciieion vs. S~irituaîitv
imagine darkness so ùiten and so complete that it is almost solid, flowing
around you iike uik, covering you like a velvet blanket. A blackness which
cuts you off tiom the everyday world, which forces you to withdraw deep
into yourseLf, which rnakes you see with your heart instead of with your
eyes. You can't see, but your eyes are opened. You are isolated, but you
know that you are part of the Great Spirit, United with ail Iiving beings.
James (Fire) Lame ~ e e r " )
When it comes to the practicing of 'Native spirituality' CSC has Little
understanding of the effects it has on Native prisoners. Within the CCRA, 'Abonginal
spirituality7is referred to or compared with that of other 'religions' within the system.
Section 83(1) States, "For greater certainty, abonginal spirituality and abonguial spirituai
leaders and elders have the sarne status as other religions and other reiigious leaders."
Although this act legally allows the practicing of 'Aboriginal spirituality' such ceremonies,
especidy that of the Sweat Lodge, are looked upon with suspicion rather than respect.
As Gus explains, "Native people have always been put d
m as long as I can remember.
They become suspicious because they can't see inside the teepee. They figure we are
doing something wrong when they can't see us." This suspicion becomes magnifieci as the
"3
James (Fire) Lame Deer and Richard Er&,
1994) 191.
Lame Jker Seeker of Visions (New York: Pocket Books,
prisoner fades f?om the 'seeing eye' of the keeper each tirne they enter the Sweat Lodge
or teepee.
The Sweat Lodge describeci so vividly by James (Fie) Lame Deer and considered
one of the most spintual spaces by Native pnsoners, is not viewed the sarne by some of
the 'keepers' at Warkworth Institution. On one occasion 1 witnessed Ancient One and ten
Native prisoners entering the Sweat Lodge. 1 stood beside the Sweat Lodge counting
each pnsoner as they entered so that 1 wuld submit a proper count to the 'keeper' in
charge for the morning count. It wasn't long afler 1 had put the count in that I received
instruction that a re-count was in order. At this time one of the other Elders that works
with the Native prisoners at Warkworth Institution had arrived. 1 asked hm to do the
second count for me because 1 was afkaid that my £irawunt was incorrect. He proceeded
with the count and arrived at one more than 1 had previously counted.
Approximately a haif hour after the second count had been submitted 1 looked up
to see the 'keeper' dong with eight guards walking towards the chape1 area. 1 approached
him at which tirne he said, '7am calling a 'lock-dom' because we have one too many
pnsoners in this institution since the last count" 1 looked out towards the Sweat Lodge
and noticed the gentleman that Ancient One had brought to help hun as one of the 'Fire
Keepers.' I tumed to the Elder standing beside me and asked him if it was possible that he
had counted the 'Fie Keeper' as one of the prisoners? His response was, 7 think 1 did!"
The 'keeper' in charge did not want to üsten and said he was going to order the prisoners
out of the Sweat Lodge.
1 wuld not believe what I was hearing and went over to the 'Fie Keeper' and 1
asked how long did he think it would be before they wouid be coming out? His reply was,
"they haven't even passed the pipe yet." 1 retumed to the 'keeper' and asked him not to
open the Sweat Lodge doors because they were in the most sacred aspect of the
ceremony. His reply to this was, '7have a prison to run here and 1 c m do whatever 1
want." 1 tried to tell hirn that there were ten prisoners in the Sweat Lodge and if he
counted those that were not inside that he would £ind twenty prisoners in total.
He remained reluctant to listen to my voice. Eventually7the Elder that was with me
took him aside and spoke with him for a few minutes where the count was taken to find
twenty prisoners within the chape1 area. The men remained in the Sweat Lodge and the
'keeper' eventually retunied t o his post. 1 still to this day wonder what would have
happened ifthe 'keeper' opened the door of the Sweat Lodge that morning?
Although policy now allows Native prisoners some access to the practicing of their
'Native spirit~ality~'
many limitations and constraints can be found. The Native prisoner is
first given a tirnefiame when they can practice their spirituality and then told of the
designation of where it will take place. Such policies reflect state sanctioned and
Eurocentric ideology towards Aboriginal peoples in Canada. As James Youngblood
Henderson describes,
Eurocentrism has its cornrnonality in its belief in institutional or imaginative
assumptions or desires. These beliefs shape an individual's thought and
action into his or her mental and social Me, define the Limits o r conditions
of his o r her context, and develop worldview (a picture of what the world
is really like) and a set of prernises about how thought and languages are o r
can be structured. These assumptions also include explanation and
verification. These assumptions create artificial worldviews that can be
revised occasionally by explanatory o r empowering ideas. However, the
conditionality of these artScid worldviews is relatively immune fkom
revision. l4
'
Such Eurocentric views on 'Native spirituality' within CSC replicates the assimitationist
federal policies that have been directeci at Aboriginal peoples over the past centwy.
Wddram wams in his book The W ~ of
Y the P i ~ 1997:
e
In my view, any attempt at assimilation within the prison context will
encounter a reaction fiom Aboriginal inmates no different tiom the reaction
of Abonginal peoples to over a century of federal assimilationist policies;
they wiil resist. '15
And resist they do, when Native prisoners go into the Sweat Lodge they first discuss with
Ancient One what they will do if the count is incorrect. They decide together ifthey will
stay o r l a v e the Sweat Lodge ifa 'lock dowd is called. The outcome of this discussion
usually is; they will remain inside no matter what is instmcted by the 'keeper'; they will
resist. As BI explains,
1 was in the V i e [Joyceville penitentiary] and we were in the Sweat Lodge
with the Elder. They came down and pulied us right out of the sweat for
some real stupid little security thing. They just came and pulled us nght out
of the Sweat Lodge, right in the rniddle of our sweat. To tell you the truth
1 am really surpnsed that it didn't result in blows.
The practicing of Native ceremonies such as the Sweat Lodge and the carrying of
medicines for the practicing of their spiritual ways has been, and still remains, the greatest
struggle for the Native prisoner.
Continuous resistance to these assimilationist ways becomes an everyday
occurrence for the Native prisoner behind the wall. The Native prisoner must fight for
'14
James (sAKÉJ) Youngbiood Hendeisou, The Mikmaw Concordat (Halifax:FernwooRiblish.1997)
22.
''* James Waldram 25.
92
every aspect of their Native ways of Me inside the prison. Energy that could be used for
healing is instead used for resisting a system that cannot see the importance of Native
spiritual ways. As Mgs explains,
In here, the biggest struggle for us as Native peoples is our access to our
spirituality. Evev little thhg that we now have has been a fight, at least
since I've been here; which is over ten years now. We asked for an
extension to the Native grounds, but it wasn7tgiven to us until a long and
hard fight. Then we asked permission to be able to grow corn, we wanted
this because corn is a vev important thing to us as Natives. We had a big
fight over that one, the growing of corn, because someone in the general
population had gotten into a fight in the corn fields of the prisons gardens,
so because that happened they were going to make sure we ail suffered,
even though we had nothing to do with it. Eventually, &er a long t h e we
were able to grow the corn on our land. It is really hard to explain in
words, the stniggles that we go through in here as Native prisoners. The
next problem that I remember was, we wanted to grow our own tobacco
for ceremony purposes, mediches are hard to come by for us in here, but
before they would agree they wanted a proposal on why we wanted to
grow it. Then, we wanted to plant trees, but again they wanted that
proposal. It becomes so hstrating when everything becomes a politicai
fight. Some of these things can take so long before they are granted and
every Littie thing becomes one big paper trail.
inside the pnson walls 'security risk' and 'control' of the prison population is top priority.
And justly so,it is the largest federal prison in Canada. However, the differences between
the 'keepers' and the Native prisoners worldview becomes somewhat confùsing at times.
For example, the growing of cedar trees dong the fences of the Native grounds is
forbidden because cedar trees might block the 'keepers' 'gaze.' The cedar trees are not
looked at as a 'sacred medicine' that would be kept trimmed and be used in the Sweat
Lodge ceremony. Instead they are viewed as a 'secwity risk.' The gap between 'security'
and 'sacredness' becomes large as the Native prisoners' become suspected of using the
Native grounds as a space for illegal activities.
When faced with these problems each day it becomes very hstrating not just for
the Native prisoners, but also for those working with them, the Native liaison, the Elders
and the many volunteers. Even the 'keepers' becorne fiustrated because they now have
'standing orders' that are for the general prison population and others for the Native
population of the prison.
Vic, a pnsoner who was transferred to Warkworth Institution fiom a penitentiary
in the West and recently shipped back to a maximum security penitentiary, stated in his
interview, "there still to this day is a lot of racism within this institution. The only
difFerence between here and the west is it's just more undercover here." Guards searching
Native cells, touching sacred mediches, and other sacred items, only infùriate Native
prisoners fkther. Policies state one thing and the 'keepers' interpret their power as
superior to that of the policy, as they proceed to search cells always with a good excuse,
that of suspicion and 'security risk' of the prison population.
At times the Native prisoner seems to be targeted more than any other pnsoner as
their cells become searched more fiequently, urinalysis become routine, and constant
harassrnent by certain guards persist. One Native prisoner who spent many years in a
residential school prior to his incarceration came to me one day very upset, he told me that
when he was in residential school he was regularly called by the priest t o perform sexual
acts and then sent back to the bedroom which he shared with several other boys. Each
night the priest would present hirnself at the door of the bedroom and say, "good night
boys, have a good sleep!" What made this prismer so upset was, a certain guard that
worked in his block wodd stand at the end of the range, af€er al1 the prisoners were
locked into their celis for the night, would yeU in a very sarcastic voice, "good night boys,
have a good sleep!" These comments by this guard made the Native prisoner so upset that
he felt Like hitting the walls, it brought back al1 his bad memories of his residential school
experience. H e was locked up in his ce11 with nowhere else to go to help rid him of his
anger and he felt like he would go insane.
The Native iiaiçon and myselfbrought this cornplaint to the supervisor regardiig
the behavior of this 'keeperY7and we were told that this would be looked into. However,
the problem stiU remained until the guard was eventually transferred to another area of the
prison for other reasons.l16 Perhaps this particular guard was unaware Uutialiy about this
Native prisoners past experience in residential school. But, even when the 'keeper' made
him aware of this problem, he continued with this practice until being transferred to
another area of the prison.
As Swiss explains, "Some of the guys end up needing a lot of work because of
how the guards have treated them. They end up really angry inside; it then takes a long
time for them t o feel d e in their environment. But the guards don't understand this."
Native prisoners such as Vic, and many others, end up losing their patience when the
'keeper' begins disrespecthg their spiritual ways. They take it for so long and then they
just can7ttake it any longer. For these Native prisoners this added negativity creates
further dishannony in their daily lives. The end result is, that some of these Native
prisoners find themselves back inside the maximum-security penitentiary. Such transfers
are usuaiiy as a result of the constant fiction these prisoners have created against the
kggy Shaughnessy, personal journal, 14 Juiy 1998.
95
running of this machine, and by doing so they become classified as a 'security risk' within
the general population of the prison It also sets an exampie to the other prisoners that if
they behaved in such a manner what the consequences will entail. These kinds of things
happen al1 the the; for example a prisoner will wander outside the rules and regdations of
the prison and then the entire prison population will find themselves 'locked-down'
because of it.
Within the mission statement of CSC, discrimination is detennined where:
A distinction whether intentional or not but based on grounds relating to
personal characteristics of the individual or group, which has the e&t of
imposing burdens, obligations, or disadvantages on such individual o r
groups, not imposed upon by others, or which withhold or lirnits access to
opportunity, benefits or advantages available to other members of society.
Whether it is discrimination or just plain old ignorance, disrespect towards Native
prisoners practicing their spiritual ways does exist by some of the 'keepers' inside
the prison walls. It seems that the lack of knowledge especially towards medicines
and their sacredness is the biggest problem that these Native prisoners expenence.
When CSC hires guards they are sent to staff training d i e g e where they
of Native practices and the importance of Native medicines.
are given an o v e ~ e w
However, it seems that this is quickiy forgotten. Many Native prisoners believe
that these employees do not respect 'Native spirituality' because they only have
knowledge on Christianity (religion) and not on spirituality.
Spotted Eagle describes his interpretation of the words 'religion' and 'spirituality'
as:
When 1 think of religion 1 think of organwd religion. As far as my
spirituality that is my own thing. And 1 deal with that on my own and with
the help of my Elders and teachers. 1 don? look to a religion to satisQ or
help me with my spirituality. To me 1 interpret that as being somewhat of a
crutch. Religion and spirituality at least to me are the opposite of each
other. 1 was taken from my farnily and adopted to a Roman Catholic
family. As 1 grew up 1 was forced to attend church everyweek- And every
Sunday it was a day of putting on your best clothes and putting on your
best face and then going to church. It was here that you would put down
your head and pray. And then afier church was over your best clothes
went away untl next week and eveqthing was back to the regular sarne
old thing. You know there was really no spirituality there, so for me 1 was
really impoverished because no one around me really knew what his or her
spirit was or how to take care of it. It was mainiy convincing you that you
were Iiving in a life of sin.
According to Washee he feels the dflerence is,
Well religion brings with it a set of regirnents that have a certain meaning
and interpretation that everyone believes is the same. Spirituality is my
a t t a c h e n t to my identity*to the relationship of the world around me dong
with al1 the elements that exist within this world. Native ways have had to
adapt and be flexible, as times change with the encroachment of the whites
Our ways had to adapt to that, our Elders had to adapt in order to mold the
teachings to a comfortable setting. In prison all Native prisoners are
clumped together as North Amencan Indians. This happened because the
government doesn't know the difference between First Nations peoples
way of iife. So Our Elder here had to adjust the teachings to a comfortable
setting for aii Nations.
Nigs looks at it a bit dserently as he explains,
It means the right to practice what you believe in and to have those things
provided to you in order to practice. Spirituality is a part of your Mie, and
a part of your culture. So it is spirituality and culture all in one. Religion
on the other hand is something most people do once a week but spirituality
is everyday and is something that is practiced every day.
During the intewiews 1 asked each Native prisoner. 'What does religion or spirituality
mean to you?"
It was the f h t of rny questions during the i n t e ~ e wprocess and each
prisoner when asked paused for a lengthy time before answering the question.
The use of the words 'Aboriginal spintuality' or 'Native spirituality,' however, to
me, does not belong together. Fust you are boni Native, and then you practice some way
of Me, which becomes your spirituality. 1 have stmggied with this for sometime on how 1
would introduce 'the Native way of Life' for Native prisoner at Warkworth Institution into
this thesis- But somehow it bit me last surnmer; 1 had traveled to Baffin Island for a
holiday where 1 ended up camping with some fnends just off the Cumberland Sound. One
day while watching the men put out the fishing nets 1 asked my Inuk fiend Matthew
Nakashuk what his favorite food was? He repüed, ''Seal but not in ~ang",'"this helped
me, to some extent, understand the concept of spirituality. Matthews's favorite food
tasted best nght on the land fiom where he had taken it fkom, not in the community where
he lived.
Spirituality then, becomes something that happens in life that becomes part of us,
Our way, something that we do in our daily Living without even knowing we are doing it.
It becomes Our personal comection to something else. It is not something that can be
explaineci in poiicy or defined through someone else's religious beüefs. The reason 1 say
this is because CSC was so quick in puttïng Elders and Chaplains in the same category and
tqhg to convince Elders in becoming Chaplains. For many years and probably still to
some extent, CSC does not look at Elders as seriously because they have not been
II7
Cumberland Sound,B
e Island, 30 J d y
1999.
9%
ordained by the church and therefore, do not cany a piece of paper i d e n t i m g them as
'Elders."
Although there are certain ceremonies and rituals that are taught by the Elders and
Native teachers, still, each and every prisoner takes something dserent fiom these stories
and teachings, something that they themselves need for their own personal healuig. And
g h e a h g process allows for the support and
the community that they build d u ~ that
strength needed for their own personal joumey.
The state has a tendency when addressing Native issues, especially when it cornes
to policy, to i n d words into their documents that cannot be deîïned. This is especidy
evident within the Canada Act 1982, where it gives reference to, ccAboriginaITitle" and
'"Aboriginal ~i~hts,""'these words have never been defhed nor WUthey probably ever be
defined. This again is found within the C C W which uses the term "Native spirituality" it
also is not defined w i t h the act. One should become suspicious when finding words,
which are not d e h e d within such goverment policies. Sections found within the CCRA
relating to Native prisoners are a band-aid solution for people Like Ole uigstrup the
Commissioner of CSC. The Commissioner is well know for his attendance at international
prison conferences and has been noted to boast about how much CSC has done for their
Native peoples incarcerateci behind the walls of the fderal pe~tentiariesin Canada. In a
speech at the International Indigenous Symposium on Corrections, Ingstrup says,
1 wish t o assure you of my persona1 commitment t o the development of
Indigenous corrections. In my career, 1 have had no greater satisfaction
than in the work I have been involveci with the Aboriginal communities.
To work with the Aboriginal wmrnunity in its attempt to deal with crime
Il8
Peter Kulchyski, Uniust Relations: Aborirrinal Riplhts in Canadian Courts (Toronto: Mord University
Press, 1994) 227.
99
and recidivism is of great importance.. .. 1 believe that the Association with a mernbership of 20 plus countries and a CO-sponsor of this
Symposium - would support Indigenous corrections initiatives, perhaps
including the establishment of a distinctly indigenous component within its
structure. 1 think it is important to talk about improvements and the
evolution of Aboriginal corrections. 1 urge you to think about the
possibilities during the course of this Symposium. Determinhg initiatives
for action would be a worthy contniution to the international Decade of
the World's indigenous Peoples [1995-2004191'.
Such commitments spoken by ingstrup have never been seen by the Native prisoner
housed in any federal prisons in Ontario. CSC has been instrumental in building healing
lodges for Native peoples incarcerated in federd prisons, such as, Okimaw Ohci, in Southwestern Saskatchewan for Aboriginal women and the Pe'Sakastew heaiing lodge in
Hobbema south of Edmonton for Aboriginal men. However, nothing has yet been put in
place for Aboriginal prisoners in Ontario. For these men the fight continues for the
practicing of the Native way of Me to be looked at senously.
In an interview with Ancient One, the spiritual Elder who visits Warkworth
Institution, he explains in great detail Native prisoners way of life and how they live their
everyday lives within the prison walls in Ontario. Ancient One explains:
Native peopIe we don 't i i k rhe word religr'on becawe we have had
Chri~ianityand other thingsforced upon us. me word most of us Elders
Iike ta use is pirifuaiiiy. me ceremonies fhal we do such a s the Sweat
Lodge. s m &ce
and the f&%g
are to us a fonn of religious acfs and
fhf
is Our key to spiriiuality. The ~jpiritualityt
h
we beiieve in is Our
'19 Ole Ingrmp, &KqmoteSpeech," International Indisnous Svmmsium on Correftions (Sto:Io Nation
23 Match 1999) 1.
relatiomhip to orrr uncestors. We pray to
otrr
ancestors to ask t
h to
take our prayers tu the Great Spirit. The Sweat Lodge is my Lodge, if is
like a catheakai to me, just iike a church. but we don 't cal1 it that. We cal1
it Our place where we go to pray.
I use the term spiritt~aiity,which
encompasses fasting, Sweat L d g e ceremonies, and other fhings bir~I
w d d never use the tenn reiigionWhen categories were taking place within the Correctiortol
Conditional Release Act they ended up categorizirtg us into the tenn
religion. But our qirituaiity is arr belief system, if is not a religion and
our ways are important to us. Like the altar is my belief system. it is mi a
religion and ozrr ways are very important to us. I believe in what has been
passed on to me and I live it in a sense byfoiiowing the ceremnies.
My initial intent was tu go into the prisons in order tu give these
men hope and encowagement and teach and share wirh them. I was setlt
to give them ceremony, because we are all here for a prpose. One &y it
came tu me in ceremony, a medicine man qpeared ami eqlained to me
my pqmse.
He toid me that my role in ive was to be gotxà to the
children. Some people corne here for great missiom, to be great leaders.
and to hy m ~ do
d many gteat things. In my life, I wasjust told tu be good
to the childen. So I started a school, and I did other things for the
chil&en.
Then I starîed going into the prison. am*doiagpri'sm worR. But, I
wondenng why I was getting away from
ahays wer quesîioning my-
the childen. And then again il came to me in ceremony; I was doing what
I was supposed to be doing. Althotlgh these prisoners were big men und
wornen, somehow as children they were hurt and they ail still had that
inner-child inside that never grew up, never developed. I then realized
thaf I still was with the chilaken-
My message to you is to be good to these men and women and
never give up. I donPtgo inro the prison to lecture or preach to these men
because they wodd not respect or listen to me
if I did that.
Instead* I
choose to do ceremniest and teach them how to pray, especialiy those
thaf never knew h m to pray the Native way. I have uhuuys believed it
possible that anyone c m make changes and that ii is possible to heu!
if
you are willing to heal, but thar must cornefiom within.
lt
Ïs d~fsicultas a
Narive person in this woru we as It~dianswere
blessed in orte sense and cwsed in another. We have the reality of living
in two cultures, that of mu micestors, und living in a dominant whire
society.
We have leamed to az@t to the white ways. however, our
teachings tell us to try andfind the gaod things t h we mzght be able to
use Imd then throw the other s f ~ f f t the
o side.
A lot of people tell me
>OU
Indians
are ahays doing ceremony '.
What they don 't know is that the ceremonies that we do are to remind us
that Ife itself is a ceremony. We go to sleep at night; this is when we
enter the dream worl'
When we wake up; we come out of the drem
world and enter reaiity. But. it is the h e m world that hm created thar
realiîy, t h t itself is a ceremony.
When we eat food, we s W d give
thanks, t h is a cerernony. So ll@eis basïcally a ceremony and the white
society dues not believe this way. So they infuct are basically taking the
ceremony of lije out of every&y ive. Traditiotmlly, we are tmght that life
is a ceremony. When we get m m ë d and when we have childien. Even
when y w come out of y w r mother 's womb is a ceremny. There-
the
ceremmies t h t we do are to rernind us of the sucreciiiess of life ifse&
m e great di#mlties that I as an Elder have experienced going
into the prison in Ontario, is well. when Ifirst started the stqfwas ahvays
touching my stt& Back then we were considered volunteers by the prisort
personnel. In fact' there was aïways an e#iorî that for us to be recognired
by Correctionai Service of Canada well, they wanted 21s tu become
Christiarts. or chaplains. but we said, 'No!' Wejust told them that was
unacceptable t h t Cv what we told them.
N m don 't get me wrong. we dical 't have anything against those
chaplains, but we knew t h t we were not about to become chaplains, we
are qirituai peopie, we are the Elders. arui we held m r groundx In those
aktys, Eiders were not t m seriaus about t d n g in medicines or Our sacred
items. because of al1 that handling by the gum& we didz't want any of
their negafivity on our sacred items. Prior to 1984, the only way you
c d d visif these Native men behind the walls was JUS as a gtiest, for
socials and recreational things, neverfor ceremunies.
These men since those thys have final& been allowed tu sweat
fNative prisoners at Wwhvorth partook in their first Sweat Ldge
Ceremony i i ~
1984j and to carry the faur sacred medicines. 1 wilf try and
explain the purposes of these medicinesfor you. Sweer grass, sage. cedm
ard tobacco enconrpss the four sacred plantsS Ce&
and sage are
btimed to &ive out negative forces when prayer is ofiered Sweer grass
signjies kindness, and is bwmed to invile gwd qpirits to enter. nie four
plants are used in both individual and group ceremunies. Eàcii plant was
oripnaiiy given to specjic First Nations: Sage (Prairie). sweet grass,
ceab (Ojzbwa) and tobaccu (il.iohawk).
We use these medzcines to smudge with, to help begin the &y in a
gwd way, with a good h e m und an open and clear mind n e smtrdge
cleanses and purifies the sacred spore of each indivichral. SmudHng can
be done as ofen as unefeels it is necessas> througha~rrthe &y. A smnmrdge
involves passlng the btirning medicine in a circle of one self: I;he sacred
smoke is known to penenate the spirit -ce
and clemtse the aura of each
individuol. Medicine to Native peopies mean: mytrhing thar brings
personal F e r , strengîh and unrtersranding to help heal the b-,
and .spirit.
mind
Sweet gras wer one of the first pimts to grow on Mother W t h .
For this remon we braid this rnedicine as
if it were Mother's hait-.
It
alhus us tu cal1 in the positive spirits and c m raise a heavy h e m Rd us
of negative thmghts, and it helps gïve us strength when we are d m
There me ihree brazh of sweet gram, which we braid inio otie large
braid One section represents your family, another yoirrself: and the third
is the Creator. For these men in prison, the rnedicines are sa important
because it u~fows
them to smz~dgein order to get in tmch with the Great
Spirit, allowing them to begiir their heaiing.
Muny of these men Wear medicine pouches, which are t~suaI&worn
armnd the nec&. The medicine poitch is wom to seek protection of the
spirits of the Fmr Directions. As an Eider we caution these men not to
hzde any other materiais wirhin their sacred pouch. Like contraband or
anything eise thaf cou/d cause hann. To do so wmid be a totui disrespect
tu these medicines.
Ceremonies do not take place withad the ritual of pur~fierstu call
in the spirits. We cfemse ourseives with the medicines in order to get our
thwghts togeiher. We believe thai we would not cufl the spirits in if ihere
were m y negative thoughs present. Of course, ali we do is invite the
spirits tu corne in and they wiii corn or they won 7. However, we never do
anything Iike a pipe ceremony or enter the Sweat Lodge wirhout smlddgrng
first.
Afier many years of fighting for the practicing of Native
qirih~alityinside the prison w d s these men are mnu able tu pructice
some ceremonies h
g wifh carrying the sacred medicines wiihin
Wmkworth Iltstitution. One of the teachings I give to the men t h carry
the sacred medicines is t h they have a responsibiiity to t u k care of them
and tu use them wiseiy.
Some of m r teachings me hard to explain in the English lanpage,
but we have ahvqVs been tmght t h t there is no d'fference beiween men
and women. each has their responsibifitiestu the communityfor it to work
in hannony. m e Grandfathers [rocks] were rnedicine people, old met?
who have been here forever, but they uiso could be Grandmothers. We
use the d e roch which we call Grandfathersfor the Swear Lodge. But
the most sacred of all rocks is the women rock, which is the pipestone.
Ine pipestone is knowo as the pruyer pipe.
W h e ~we pray with the
pipestone we o#er the pipe to each of the four sacred medicine powers in
thefour directions.
The Sweat L d g e is a domed shape stmchtre bzuilt with either white
or red wifhv sticks.
When we use the Sweat Lodge we cover if with
bfmkts, which ensures thar ditrihg the ceremorry it is closed and
compieteij ab&.
Within the Sweat Lodge those t h t partake are
encompassed by extreme hem and stem. On enterzng the Sweat Lodge
the prisoner umaliy crawls on their hLlltdS and knees, this is dor~eto
humble one's selfto Mot& Eanh ami the four directions. It is comrnon
for the priso~terto kiss Mother Earth on entering. 7he Grandfathers are
brought iilto the Sweat Lodge gentiy: the Fire Keepr fmats t
h wirh
great respect and kinâhess. The Grancffathers are placed into the centre
of the Lodge where water is povred ont0 them. The s t e m coming off the
rocks becomes the Gr~11tcrjatherr'sbrealh where they give their iives and
their breath is oflered to the prïsoner as a purifier to help in carrying the
m e r s to the Great Spirit. m e Eagle is ahvays welcome to assist I the
delivering of rhese puyers comingfrm the Sweat Lodge.
The e h e n t s of earîh, water. air andfire are al! represented in the
Sweat Lodge. Emrh (rack/ syrnbolizes endurance, strength and sucrifie.
Water [steamj is ahuaysflowing. giving m e r and life to everything. Air
[wind] is a vital element and provides oxygen for ail living things. m e
fire [wannth] is promising, pinfil, and visible as it coltstantl'y changes
before ir finally diqpears into death.
The Sweat Lodge represents Mother Earth's womb, the sticks
represent rhe rib cage fonning the fiame of a women's bodj. The dmrs
are thef a r directions where the Spirt Keepers of each direction enter the
Szcred Ladge. 1 aalays tell the men before they enter the Sweat Ladge
thar they must enfer wilhg/y. and humbly. to offer prayer and to allow
thernselves to heal. Yes, ii will get wry hol. I tell them. but ask Morher
Eàrth for a breath and she will give you t h f . Go down to her, be a
warrior not a womêr- Sweuî with your heurt and you will gain the
strength of yaur qirit, mind and body.
Darkness within the Sweat Lodge helps remove distractions and
represents the womb of Mother Earth. It is this ceremony that allows m r
old self to be rebom; it is here where silence becornes so i m d it rotusWhen I pray and I am silent I c m hear t h r w , like a beautzjiil rom-. It
is like a peaceful rom.
The dnim that we use represents the heartbeat of the Native
people; I was taught that women did not drum on the big h m because
they are the heartbeat of the people. Women who d n m are on& beating
themselves up.
The Eagle feather represents medicines.
n e Eagle is the
messenger of the Creator as he flies the highest of ail other birak. So we
believe he is the messenger of our Nations. Ir is my belief that as long as
some of usfollow the ways of the Creator, the Great Spirit, who gave 14s
Mother b t h , then we wifl never be destroyed
Eagle are medicines, we put t
The feathers fiom the
h on our st@s, and people use them to
smudge with. People also can earn Eagle feathers, and it is becairse of
fmting, sirn h c i n g orfor something they h e been recognizedfor doing
something good for others.
Teasing is a large part of m r wuys; to laugh is a very important
thing. ïhis is partrpartrcuIàrIy
noticeable among the Narive prisoners. Such
activities as teasing others heip to i d c e this iaughter- Outside guests
that anend ceremonies or visit with the Native Brotherhood ustd'y find
themseives the centre of such teasing this however is done infin and the
visitor sharld feei g d about thisfor it is umaily a sign titaî they are very
respected. This teasing is never done to shame. or humiiiate anyone. A
young Native boy for instance is expeced to take al1 the ribbing und
teasing chat may be sent his wciy and as he gets oider then it wiil be his
ttîm tu do the tearing back.
The Giveaway ceremony is a very important aspect of our
ceremoniies. In the prison where these men are diowed four ceremonies
each year, they me aihved to give away gifis which they have made to
their fmiiies mid other mtside Pest who attend the ceremonies. This
tradition, which at one time was cims~fledas illegui in Cunada within the
indian Act. is an integral part of ail ceremnies becairse
iî
teuches the
value of sharing with ohers.
For some of these Native prisoners the awakening of their spirituality occurred
behind the walis of the prison. As BI explains, "the first time 1 started practicing Native
ways was in j d , 1 didn't know anything about ow way. 1 started going to sweats and it
went from there." For others Ore Nigs, '? was brought in by fiends in the Native
Brotherhood. 1 knew 1 was Native but 1just never practiced it. These niends of minejust
kept pulling me to corne to the group and eventually 1 did." The encouragement by other
Native prisoners is one of the main reasons new Native prisoners take part in the Native
co~nmwitywithin the penitentiary. They forrn a connection with each other and find
strength in the ceremonies provided to them by the Elders.
As Swiss explains, '7 was invited down to a sweat and [ didn't really know much
about it, but 1 went anyway, and that first sweat 1 felt a little something. And then
gradualiy I got more involved in it as time went on." It is a gradua1 thing for some of
these men but for those who choose to continue with this joumey it becomes very
rewarding in the end. As Jindian puts it,
First year here in this institution I didn't attend anything 1 didn't even go to
the land, not once. Now 1 attend everything, the Native Brotherhood
meetings and 1 also go down to the Native grounds everyday. I realized 1
needed it because it is a part of my We; it is something 1 can't shut out of
my Me, because it is something that makes me who 1 am.
However, it shouid be noted that not all Native prisoners partake in Native
spiritual ways inside the prison. But for those that do, this becomes theü Mie, at least,
while serving their incarcerateci time. Those Native prisoners have learned to embrace
their spintual ways in an environment most hostile to it, and for many it has lead to
genuine inner change.
During the interviews 1 asked these Native prisoners if they had the chance to
speak to a group of people outside the prison w d s what would they tell them about CSC
as an Aboriginal prisoner? Washee says,
Well you have to take each day as it cornes and you have to trust in your
own belief system. 1 don't think you can rely on the correction system as a
support system. Like 1 realize they set up a system of prograrns and work
places mainly for the non-Native peoples to get those people out of prison.
But 1think that is just Like an atmospheric thing, they give you the tooIs but
they never encourage you to pursue it. They just say, ' M e programs",
they never tell you why they are there or why they think you should be
doing them. You're just forced to do it. Haif the tirne you have to seek
them out to get help, just like everything else in here.
Imdian warns, T i i e spent in prison, you can never get it back. The way 1 look at it is,
you're either going to walk out of here, or be taken out in a body bag." 'Time' in prison
becomes very lonely inside these prison w d s . For Nigs he says,
If 1 was talking t o young offenders, iike a younger crowd, 1 would try and
impress them with, this is the wrong kind of place to try and lead your life.
1 would try and get them tumed around if that was at all possible. If it
were a student body, I would just ûy and touch on the spiritual access, or
the lack of spiritual access, that we as Native prisoners are faced with on a
daily basis. 1 guess that still remains to be the biggest problem for me in
here, and 1 think it is important that people be made aware of the problems
that we as Native prisoners must live with everyday inside these
penitentiary wails.
Spotted Eagle cautions, ' i o u can't change the system from withh, you can only change it
from outside. Aboriginal peoples within the correctional system are a contradiction
because the o d y way that we as Native peoples are ever going to see tme justice is when
we are not enwmpassed by it." Although CSC shows little respect for the practicing of
the spiritual ways of Aboriginal peoples incarcerated in Ontario, these Native men caught
within this western justice system, take these designated spaces that are afforded to them,
and use this as a spiritual space, to l e m and practice the teachings and ceremonies
provided by Ancient One and other Elders who visit them. By practicing their traditions
and beliefs this helps them remain strong during this incarcerated period of their lives.
It is important that we do not just concentrate on strategies of power used as a
tool of domination over the Native prismer's body. Although, it is evident that spüituality
has often been the tool for domination over Aboriginal peoples. We must also look at
how Native prisoners have learned to use the 'keepers' tools against him; even though
sometimes it becomes a tncky tactic, it is often the only one available.
4.3
The Sacred S ~ a c e
It is hard to e x p l ' the feeling Sitting in this teepee uflalone with
itsfire blazihg high and the weuîher fur belm zero outside its dmr. 7he
feeling perhqs of content or even serenity, fm away fiom the world, no
one present to voice either their complahts or rheir probients. m e jire 's
w h i p r ahvays constant yet never the same. Its tone flrrctttafes. a crackle
tha~
jumps out ut the most pecuiiar tirne, like a voice reminding me of its
very presence. Keeping me wcmn almost fike a cornpion. The bemtty
itse/f of this fire with its hints of orange, Mue, purpie ail highlighred in
white. It 's c d s forbidiing my touch, yet teasing me with their sparkle
andgiow.
n e teepee herse/fstmds so tafIpso olrt of plclce within these walfs
at Wmkworth Ihstitution. Yet when ymt enter and find yourse/f inside. it
becomes a p c e unlike any other component within this machine. Almost
like a separate space, one of escape* of fieedom, a place without tirne.
T'me becomesjixed, almost fiozen, one m i m e you m e caïfring buckw~dr
rather thanfowmd or then goingfonvard and thinkingyou are not. Buck
andforth, one m i m e you are rejlecting on your p t , then yotr Hop, and
before you krww it, you are journeying fonuard. hophg or wonderi~tg
whal 's rrext.
At the exact same t h e this rrpace becomes hot and coid
Of
corzfusio~~
and exciteme~tr;of dreams a~ldimagirtatior~;of leurs arrd
iaugher; of part and furure ail scrambiitg arourrd yuur head and sotd
rzever knowirzg where it wiii erid A place of commitmertt, a gatherirtg
place where stories are shared. some everr borrowed fo become y m r
m
t
.
7his is one of the most peacefu/ places I have ever fou&
inside the waiis of orw of the iargest federui pris or^^
irt
Cartuda. This
to prove.
place where I c mjzuf be myself. mthi,rg to hide, nothi~~g
1 have sat with Ancient One on many ocasions taUcing &th
yet
'
20
km about the feelings
1 get sitting in the teepee. Wondering how this space could make me feel so peacefùl, so
at home.
'" I m
e this while sitting alone in the teepee, 25 Ianuary 2000.
113
Ancient One's response to my questions was:
Lean to step into the circle and it will become the circle of your Mie.
Everything is in a circle and that is where we have to learn. You wiN fhd
when leaniing, we ail belong in the circle, and we will al1 find Our own
place in that circle. When you are sitthg in the teepee it is a circte, within
this circle you will find the physical side and the mental side. A lot of
people enter a teepee oniy to be spectators, but you have not. You
participate, that is why you get a good feeling sitting inside. You're
stepping into the cucle, and everyone has that right, but dl that enter will
not understand it. M e n you are in the teepee you have stepped into the
circle and are part of the circle. if you learn to feel it, then you know that
you have been given the gift of i f s blessing., this gifl allows you to then be
part of the circle. in the ckcle when you really understand it you WUlearn
that we are ali equal. When you feel like that, you have become accepted
in the circle. You yourself have put your spiritual side in dong with your
trust. I have seen you, and when we ail entered the sweat lodge 1 could
see that you were totaiiy committed. But just remember one thing, you
don? always have to understand everything.12'
It is this lack of understanding that makes me confiised whiie experiencing certain
feelings sitting inside the teepee or on entering the Sweat Lodge with the Elder and these
Native prisoners. But, recently while sitting with a dying Elder in the community of
Pangnirtung in Batfin Island 1 realized how fortunate 1 have been in my life. Looking into
the eyes of this dying man 1 could see his strength, and how strong and powerttl he
remained, even though, his life would end in only a few days. la
I felt so lucky, how 1 had
been given the opportunity to meet these many Elders I had crossed paths with on my own
personal journey. It was these men and women that had helped me overcome my own
stmggles over these past few years.
'" Ancient One, teaching. 5 Feb. 2000.
'=
Pauloosie Angmariik died on August 4,2000: he was the oldest Elder in Pangnirtung, Bania WaaQ
Nunawt.
For the Native prisoner, they too, have been given the gift of these Elders, who
care so much about them, and are willing to dedicate their lives to teach them how to heal
through the Native spiritual ways. In the prison, these teaching can be found within the
spiritual space of the teepee, and the Sweat Lodge, where most healing begins inside the
prison w d s for these Native prisoners.
The Native grounds are iocated at the north side of the prison right at its
periphery. Parailel to the grounds is the church, which employs two rninisters and one
Catholic priest. A chain-linked fence separates the church fiom the Native land and oniy
Native prisoners are ailowed entrance into this area. These grounds are similar to that of a
reservation, created on the outskirts of the town, accompanied by a church. inside the
fenced off area of the Native grounds sits a teepee, Sweat Lodge, totem pole, fire pit, and
a garden where sacred medicines are grown. 'Keepers' inside the prison are not allowed
access to these grounds unless they become suspicious of a 'security risk' in that area of
the prison. The chapel area and Native grounds are separated from the rest of the prison
by a steel barrier and can be shut down quickly with the tuming of a key by the 'keeper'
stationed at this post.
Chaplains within the prison still have some control over the Native population at
Warkworth Institution. With the Native grounds located right beside the church this
allows them hl1 view of the activities of these Native prisoners. As Ancient One explains,
"the Native land is located right beside the chwch, so they, the chaplains can keep an eye
on us!" Such comments are comrnonly heard arnong the Native prisoners too, as Vic
uiforms me, 'Tor us t o be on our Native grounds, the chaplain has to be in the chapel.
They are there to watch over us. 1 guess they have to be there because us Indians are well
known to be thieves, don? you know?" Gus responds to this with, "Chaplains have
control on whatever goes on d o m here. They teil the guards not to let us into this area
and they Listen to the-
even ifwe are aliowed down." The power of the church over
Native peoples continues especialîy behind the walls of the prison, as the Native grounds
remain in the 'gaze' of the church and dates of ceremonies remain in the chaplains' hands.
The Native prisoners are allowed to practice four ceremonies per year, which they
call the 'Changing of Seasons Ceremonies.' They are also ailowed two 'sweats' per
month with Amient One7but it is the chaplains who control when these events will be
aliowed each month. Ancient One must get in touch with the chaplains' and submit his
yearly list on when he wiil be available to conduct the 'sweats.' The reason for this is
because the Native grounds is in the area that the prison refers to as the 'chape1 area.'
Due to this designation the chaplains' become responsible for the Native grounds.
Nigs says,
When 1 fkst got here £iom Kingston Penitentiary, the chaplains had full
control over the grounds; the Sweat Lodge especially. They controiied al1
the movement on the land. They also have the power of when we c m have
or our sweats and when they would allow us to practice them. They also
controlled when they would allow us to celebrate Our four ceremonies each
year. tt was also the chaplains who decided who could be cleared at the
fiont gate, like who the helpers could be to assist Ancient One in the Sweat
Lodge ceremony. They decided who could be cleared through the fiont
gate; it was not lefl up to Ancient One to decide.
Jindian continued angrïly with,
Obviously, we have had nothing but troubles dealing with these chaplains
for so long. Why should we answer to their Christianity? We have to give
them our schedule prior to having the Sweats, ifit's not good for the white
chape1 man than it is not good for us. That is how it is viewed around this
place and 1don't iïke it at ali.
The control of dates by the church for Native ceremonies is viewed as a problem
among the Native prisoners. Although the Native liaison has more control over certain
Native events now, the dates of these events remain in the hands of the chaplains.
During the early hours (2 am) just prior to the Strawberry Ceremony a few years
ago, the teepee b m e d to the ground. This was very disastrous for the Native prisoners.
As news circulated throughout the prison early that Saturday morning many Native
prisoners became outraged and began accusing the 'keepers' of buming it down in order
to ruin their Strawberry ceremony that day. In tum, the 'keepers' accused the Native
prisoners of having a still for 'brew' in the teepee and that it had caused an explosion,
which started the fire that burned down the teepee.
However, the day before the teepee bumed down we had al1 gathered inside the
teepee because one of the Native prisoners had received news that his brother-in-law had
died unexpectedly. We had spent the entire aftemoon praying for the death of this man
and his family in the teepee; there was no 'brew' in the teepee as suspected by the
'keepers. '
I was shocked that moming as I walked toward the Native grounds. It was
surrounded by yeiiow tape, similar to the tape used at a homicide scene. As I got closer to
the grounds and spoke with the Native prisoners 1 reaiized it was similar to a homicide
scene; these men had just lost one of the most sacred spaces inside the prison.
As seen in the picture above, the Native grounds is surrounded by yellow tape, the
large poles that once crossed together holding up the teepee now lying on the chain-linked
fence, and the large pine tree so close to where this structure once stood escaped harm.
The totem pole is standing crooked, but alive. As I stood and viewed this homfic scene 1
sensed the sadness held by al1 these Native prisoners. 1 approached the prisoner who, at
the time, was the photographer within the prison, to see if he could take a picture for me
looking across where the teepee once stood. 1 wanted the picture taken at this angle to
show the loss that these Aboriginal prisoners had experienced, as the church, of course,
remained standing unhanned in the background.
With the loss of the teepee these men spent the remainder of the sumrner on the
land without a teepee. The Native Brotherhood met many times throughout the sumrner
and sent several letters to other Brotherhood groups to ask for support on the purchase of
a new teepee. The 'keeper' was not in any huny to help replace the teepee; perhaps the
reasoning for this was that 'the seeing eye' could now observe the activities of these
Native prisoners now that the teepee was gone.
So the Native prisoners' built a structure, as seen above,lY that could be covered if
it rained. This allowed them to still have a gathering place where they could meet on the
'land.' One day a few of the prisoners thought they would be creative. Mainly out of fun,
and perhaps, boredom, they placed a sign on one of the boards, which read, "'LQW
riirrrvlcr.NO
.. BUDGET HOUSiNG." Perhaps, this sign may have had
some sarcastic undertones because of the stniggles they faced getting the teepee replaced.
Or just maybe, this represented to them what they had seen for most of their lives, 'that~ndown-govemment-housing-1-didn7t-want-to-1ive-here-in-the-~st-p1ace-1ook~
Whatever it was, the sign did not last long, and they were instructed to take it down
shortly after it went up.
123
The photographes within the prison took al1 piciures found within this thesis.
119
With winter coming and still no sign of a new teepee, Ancient One donated a
teepee to the Native prisoners so they would have somethùig over the winter rnonths.
BI explains,
Inside the teepee is a lot bigger than it looks iike on the outside. There are
benches around the entire teepee and a few chairs. There's lots of room for
everyone to sit down. in the centre sits a fire pit surrounded by
Grandfathers, it is here where offerings are made to the fire. But, we also
use the fire pit to cook food and make coffee. We use large steel boxes to
keep things in; some we put the medicines in d e r they have been
harvested. Once the medicines are taken fiom the gardens, we hang them
inside the teepee to dry, and when they are real dry we put them into a box
where they are stored until needed. We also store some of the food that
we take fiom our big garden in another area of the prison in the teepee.
One of the Brothers that work in the garden preserves some of this food
and it is put in a box that is buried in the ground in the teepee, we leave it
in the ground so that it stays cool. Along the walls of the teepee are
drawings that some of the guys have done, we had to put sheets up to act
iike vents because some days it gets pretty smoky fiom the fie. We also
keep a pile of split wood so that we cm keep the fire going.
Once inside the teepee the Native prisoner is fiee fiom the prison environment for
the duration of his stay. As Nigs describes it,
It is a good escape to be able to sit in the teepee and coiiect your thoughts.
It ailows you to get focused, which is a good thing because sometirnes you
get aii stresseci out about certain things and you need that t h e to coilect
yourself. You can go down to the teepee and have a good smudge and not
have people around that are going to ask prying questions. The guys that
go to the land have a lot of respect for each other, so it doesn't matter how
many other people are in the teepee when you go down. You can go into
the teepee and burn tobacco and whoever is Sitting inside wiii usually stop
talking or joking or whatever they are doing just because they respect what
you are doing. So even if someone is in there, you can still get focused,
because they realize why you have corne down and we d l know that this is
the best place you can get your thoughts together.
This space found within becomes one of the most peaceiil places within the prison
walls, as Spotted Eagle explains,
ï h e teepee is one of most peacetùl places inside the prison. 1 love going
down at night when 1 can sit and Listen to the wind. And srnell the air, and
by looking up through the top of the teepee 1 can see the beauty of the
night sky. In prison there is a lot of extemal crap around you no matter
where you go, but in the teepee 1 can feel my feet on Mother Earth and
look far away into the sky, it talces me away fiom the prison and for that
certain time it makes me feel so good.
Flaco's experience inside the teepee is similar to that of Spotted Eagle, as
he says,
It is peacefid in the teepee and so private. 1 can be myselfwhen I am inside
there 1 don't have to put on a certain face. One night 1 walked down to the
land and no one else was d o m there. It was really cold and windy that
night and the Ieavers were blowïng al1 over the place. 1 waiked into the
teepee, found the flashlight and Iooked around; it was really dark because
the fire had gone out. 1 put some tobacco down and sat listening to some
water dnim wngs on my walkman. 1just sat there in the dark by myself
for about a halfhour. No fire, pitch dark, just the sound of the wind hitting
the top of the teepee and it was so nice, so relaxing.
As Swiss puts it,
Going into the teepee blocks out what is going around in the institution. 1
don? have to see al1 the things that are going around at the chapel. 1 don?
have to see people staring at us for being who we are. 1 can sing in there
and not have to worry about somebody looking at me and making faces
and mocking me. 1 can cook in there, 1 can do so many things and feel
protected fiom ail the outside views found inside the prison that often
make me feel uncornfortable. Some of the prisoners in this institution
mock the Native prisoners for foiiowing the Red Road and trying to Live a
proper We. They don3 like it if you are trying to be good and stay clean.
Inside the teepee 1 can pray and make o f f e ~ gwithout
s
being humiliated. 1
can also use sage and mixed medicines in the teepee and not be accused of
smoking dmgs because most times when you are buming medicines you
are accused of that. On the range the coppers are aiways ninning to your
ceil and accusing you of smoking drugs. That is a cornmon thing in this
place, but in the teepee we can pray without being harassed. For the
Native prisoners' being inside the teepee is a place of &dom, where they
can go and practice their spiritual beliefs. Although, m o r s do exist that
these prisoner use this space for the moving of dnigs. This shows that the
'keepers' and other prisoners inside the institution do not reaiize the
respect that Native prisoners have for this piece of land. 1 recall asking a
Native prisoner ifhe was coming down to the land one day to have a coffee
with me and he told me that he couldn't come down because he was
'dirty'. On maay occasions iPSO has threatened to bring the dogs down
ont0 the land t o check for contraband. These types of suspicions fùrther
the disrespect a v e n by these 'keepers' regarding the sacredness of this
land.
Gus explains the sacredness of the land as,
in the teepee you can cal1 in the spirits and pray to the Great Spirit. You
can just sit around and relax. And you know what is the greatest thing
about sitting in the teepee? You can't see out, and they can't see in, so for
a short time you forget that you are in prison. You can travel anywhere o r
anyplace that you want. Sometirnes 1 find myseif on a lake camping, o r
whatever cornes into my head, that's what 1 love so much about sitting in
the teepee.
Washee explains this space as spiritual because,
It is a circle and our teachings are based on the circle the four directions.
The teepee helps re-enforce that teaching, because when we sit inside we
are situated around the tire in a cucle facing each other and everyone is on
equal t e m then. Being in the teepee brings us closer to Mother Earth, so
it is a shelter, which helps us get away fiom the prison environment. Tt is
sort of r i e a home away fkom home. We can practice Our traditions inside
the teepee and the Sweat Lodge and this helps us as Native peoples get
through the rough tirnes. In prison there are a lot of lonely tirnes and by
being together with the other Brothers this helps get us through those tirnes
together.
There are a lot of lonely days for îhese Native prisoners as rnany are far b m their
families and fnends. It is inside this teepee where they not only pray, but sit and talk about
those that have left, those that have corne back, and which one of them could be the next
to leave. There is a h , a lot of teasing that occurs, as each makes fiui of each other's
Nation and who's Nation is the best. Such teasing of course is done in fun, and laughter
becornes a common thing inside the teepee with evevone wondering what rnight be said
next. As sorne Native prisoners leave this Native community, new ones join and the circle
continues and remains strong inside the prison walls.
The Sweat Lodge is the most sacred space inside the prison for those that partake
in this ceremony. It is where the h e a h g begins for many of these men. Gus says that "in
the Sweat Lodge you can let everything g o and its just like 1 explained to you about the
teepee, 1 can be any place that 1 want t o be wtùle inside these two areas. But it7sstronger
than in the teepee because you c m feel everyone's emotions." The Sweat Lodge is the
strongea healing space for the Native prisoners inside the prison. Horgay explains what
happened to hirn as a result of participatuig in the Sweat Lodge, 7 became very strong by
participating in the Sweat Lodge and it has changed my life forever." He is now living in a
h W a y house where he wiU soon be moving on his own. At his Parole Board hearing just
pnor to his release, 1 recommended that one of his parole conditions be, that he is allowed
to continue practicing his spintual beliefs at Ancient One's Sweat Lodge. The reason 1
asked for this to be a condition is, when other Native prisoners have been reieased in the
pas, this was not a condition, and they were reftsed weekend passes by the halfbay
houses to attend the Sweat Lodge. 1thought that ifit were put in wrïting as a condition,
then the halfivay houses would have no say in this practice.
M y request was granted, and this became a condition on Horgay's release plan.
The Native liaison told me that he thought this was probably the first tirne the Parole
Board, weii at least in Ontario, had granted this as a condition.
Talking with Horgay one evening on the phone fiom the halfway house he told me,
1 went to Ancient One's Sweat Lodge this past weekend; there was an
Elder fiom Christian Island who came d o m for the sweat. M e r we came
out of the Lodge he came over to me and told me that it was snowing real
bad on his travels and he alrnost tumed back but something was telling him
to keep going that he was needed at the Lodge. We kept takng and then
he looked at me real seriously and said '1 am just the messenger'. He said
that during the sweat he was instructed to give me a message, what he told
me was something that happened to me when 1 was young, and then he
said it was al1 right to cry. I started cryïng because what he told me no one
else knew that this had happened to me in my !Se. T h e ke told me what 1
was to do and that I would be all right. He then tumed away and lefi.
Horgay, since being released fiom prison last year has attended Ancient One's
Sweat Lodge almost every weekend. Another condition that was put in place on
Horgay's release plan was, that he has no contact with his victims, although, in Native
communities, if the victim agrees, a healing circle will take place. 1 remember f i e r the
hearing Horgay telling me "isn't the system so crazy, they aUow me to heal, but my victirn
is not allowed to heal." This really bothered me after he told me that, because 1 should
have said something to the Parole Board in regards to this practice.
The Sweat Lodge becornes very important for those Native prisoners who choose
to practice this way of üfe, and for many, it becomes the first step towards their journey of
heaiing. Waldram attempts t o compare 'Aboriginal spirituality' as a 'kay o f healing and a
mode of t h e r ~ t p ~ . "I' ~
would
~
argue that 'therapy' is a Eurocentnc term, it is something
that someone else takes credit for. I f a Native prisoner is going to heal, he îïrst has to
decide what tiis journey will include. He will take fiom the teachings and stories what he
himself needs, and how he will transfonn hirnsell: as Ancient One explains,
Transformation means going toward the iight where you should have been
going in the first place. 1 don7t like the term therapeutic. 1 have seen the
effects of transformation. As when we follow ceremonies the entire
purpose is the moving towards the Light not the darkness. It is how we
learn t o see things in the Lodge, for me 1 can see better in the lodge
because 1 have learned to adjust my eyes. And blackness to me is light.
People see blackness as darkness but 1 see it as light.
Washee m e r s this with, the observation that ''transformation is somethhg that
betters you as an individual, it is a permanent thïng; therapeutic is a temporary release.
Therapeutic is Iike having therapy sessions once a week; but transformation is part of your
everyday life."
As taught by the Elders, in order to heal one needs a strong body, rnind, spirit and
comrnunity. Ali of these things intertwine t o make up a person's Life, their whole
existence. if one of these components is removed then life itself becomes incomplete.
Each aspect takes it's meaning fiom the other, and fùifiiis its functions and purpose from
Iz4
James Waldrarn viiii.
As Horgay States, "the Brothers inside Warkworth share stniggles with one
another and we give each other strength through Our sharhg." The Native grounds aiiow
the Native prisoners a g a t h e ~ place
g
where they can share thek stmggles and develop
fnendships to make this community grow strong.
Swiss describes this community as,
Our Native wmrnunity encornpasses the Native Brothers and a network of
volunteers and support people that we can reach out to. It is hard because
Our volunteers and Our Elders get kicked at by the institution
administrationnand even by some of the other inmates, so we in tum have
to protect them fiom these predators. Also, because of lies and m o r s
when the administration sees us hugging and showing affection towards
each other, they don't like to see that we have developed tnendships. That
is when the m o r s start to fly like haWig sex in the teepee.
What Swiss is describing here is an ongoing occurrence, memos are sent
complaining to the Native liaison that 1 was seen hugging the prisoners goodbye. The
Native liaison in turn sends memos that this is a Native tradition to hug when teaving.
Also, 1 was brought before security in the past as rumors soared throughout the prison
that 1 was having sex in the teepee. This has become a joke between the Native prisoners
and myse& 1 teil them that 1 must be pretty strong if 1 can handle ail of them. And pretty
good too!
At one t h e these rumors and suspicions bothered me, but now 1 just srnile and
wonder what w d 1 will be faced with next. One day Oneida came to me t o let me know
what a female guard in his block was saying about me. She told him '7 know what she
does in the teepee." He said 'khat?" her reply was "don't play stupid, we know what is
going on down there!"
His response to this was, "she doesn't even like d i ~ k . " ' ~On
hearing this the guard leît embarrasseci, and to this day w e d
i laugh about this.
There are two gifis that these Native prisoners have a v e n me over the many years
working with them. The fkst is the gift of listening; it is this gift that many people in Life
never receive. Everyone has Ieamed to hem things but very few have really learned to
listen. Working behind the waiis of a prison you 6rst learn never t o ask a prisoner
questions, they eventuaiïy wdi give you the information that they want t o give you. Once
you have gained respect fiom these men, the d e s then change. The second gift that 1 have
received 60rn these Native prisoners is the gift of laughter, this has helped Save my sanity
during these past two years, and in Me, it seems that we never stop long enough to laugh.
4.4 The Witness
Volunteers are very much needed inside the prisons because they
make prisonen f i l very human &er they leave. When people from
the outside spend tirne with you it is very rewarding. Just t o chat and
make fnendships. You gain tiom this and it makes you feel that you
are a human being, not just locked-up and the key thrown away. 1
have often said, who ever would believe that you have t o g o to
prison to find the people that care about you the most.126
Of ail the volunteers that 1 have corne in contact with over the years while visiting
Warkworth Institution, the one that stands out the most would be no one other than
Eleanor Brown. She was an active member in the Jaycees, the Living Group, Native
125
Rggy Shaughnessy, personal jounial, 14 Oct- 2000.
7 Mar. 2000.
'" Hocgay, telephone inteMew.
127
Brotherhood, Terry Fox Fund-Raiser and could be found at most group meetings and
social events within the Warkworth Institution. She was also a lead facilitator (and
motivator) for the Alternûtive to Violence Program at Warkworth. Just prior to her death
Eleanor became a proud member o n the Citizen Advisory Cornmittee at Warkworth
Institution. She was highly committed to a restorative justice approach.
Many of the prisoners within Warkworth Institution referred to her as 'Mom" or
"Grandmother" and they al1 saw her as a caring friend. She was always available to listen
to problems o r attend a wedding in the prison chapel. Tears and angry words would never
fkighten her. She would always reach out and give a hug o r speak some kind words of
support. She never Iimited her caring to the men. On many occasion 1 would hear her Say
to-a prisoner upon his release "remember 1 have a big stick, and if 1 ever see you corne
back in here 1 am going to use it o n you," however, she would be l a u g h g at the time.
Eleanor Brown
In an e-mail sent to me by Mary Earls-Rigby she noted, insighthlly, bat,
Eleanor was very concerned about the impact of long-terni
institutionalization on inrnates. She felt that change happened when
128
society-encouraging individuais focus their own healing and develop a
sense of empathy. It is only through the impact of our own actions upon
others that we can understand the need to change our own behaviours.
She felt that it was important for inmates to perceive that not ail society
cast them away. She believed that through her own caring and empathy
those inmates would alter theiir more negative perceptions about the
community as a whole. Eleanor through her years of struggiing with
cancer had boundless energy and enthusiasm. During every event 1
attend her name is spoken with respect and in great sadness. She has
touched upon the lives of those who feel unloved and unwanted. She
planted a kernel of hope in the hearts of everyone she met. 1 feel t o be
one of the most fortunate people Living today for 1 was able to cal1 Ellie
Brown - fiiend-
'"
Indeed, Eleanor Brown was a true fnend to anyone that she would come in contact with.
1 think the finniest story that Eleanor ever told, was the time when one of the
prisoners had asked her t o bring in some kind of toothpaste that was not available in the
prison canteen. Eleanor came into the prison one day and proceeded to go through the
metal detector, of course having a tube of toothpaste in her pocket set the detector off.
She was asked to ernpty her pockets by the 'keeper' at the front gate, where she pulled
out the toothpaste from one of her pockets and said 'My goodness! 1 forgot this was in
my pocket." The moral of this story of course is, the tube of toothpaste never did make it
to the prisoner, and even to this day could rernain in one of the drawers at the front gate.
Knowing Ellie as well as 1 did, I am sure she was too embarrassed to ask for it back when
she lefk the prison that day. When 1 think of EUie, 1 can still hear her telling that story, and
remember how she would turn red and giggle. Although this was considered contraband
in the eyes of the 'keepers,' EUie of course would only see it as a kind gesture t o the
prisoner.
'
" hdary Earis-Rigby.
Email. 19 Jan. 2000.
129
During the weekend of February 27, 1999 1 participated dong-side Eleanor Brown
as a facilitator in an Alternative to Violence Program in Warkworth institution. Little did
any of us attending this workshop hiow we would be with Eleanor for her last weekend of
her We. On Friday March 5, 1999 1 received a phone message fiom an Elder in the prison
telling me that Eiiie had a massive hart attack and died eariier that moming. On hearing
this news I lefi my house and proceeded to drive the forty-five minutes to the prison.
Arriving at the prison, 1 knew that the Native prisoners that were close to her
would be praying in the teepee. The prisoners who I passed in the prison walkways were
in bad shape; there were not many dry eyes. Entering the teepee 1 made my rounds and
hugged each Native prisoner dong with the Elder Sitting in the Sacred Circle. The Eagle
Feather made its rounds as we each said something that we remembered about Eue.
Some of the reflections spoken of Ellie were serious yet other things h y . We al1 had
periods of laughter and then periods of tears.
Driving home that day 1 realized what the space of the teepee and Native prisoners
really meant t o me. 1 reflected on my persona1 Iife and thought of my own family, and
how we all congregated to the famiy homestead when a member had died. It was here
that our f h l y would teil stories about the person we had just loa. It was these stories
that would help us get through the hurt and pain that accompanied this time in our Iives.
In addition, the homestead itself was a place where we felt protected and d e .
When Eilie died, it was as if1 needed to go home, to be with my family, to help get
over this pain. It was the space of the teepee that had become the gathering place to al1 of
us. And 1 now realiied that the Native prisoners had become my extended family. 1 had
not nished to the prison because the Native prisoners needed me to get through this loss,
but 1 too needed them. 1 needed to share my team and my laughter and hear their tean
and their laughter during this sudden tragic event.
Volunteers such as Ellie Brown and many others not mentioned here are important
aspects of the prisoner's me, and as Flaco once told me, '7 know why you are so special
to me, it's because every time you corne in here I forget where 1 am. Like for that short
time 1 forget that 1 am in prison."128 It is important for the prisoner to think that they are
human beings and that there are people in society that care about what happens to thern
while they are servîng their sentence.
During a conversation with Ancient One, 1 remember asking him, 'What keeps me
comuig back to the prison?' His reply to this question was,
Basically because you are a good person, and probably for the same reason
1 do; to show these men that we care about them. And to give them reason
not to give up. Not everyone can do prison work, I've seen where most
people can't, but you can. And that's a gift, and your good at it. 1 think
you should make a Life cornmitteci at doing that. This is my basic message
to you, not to give up.
Volunteering in a prison can be very rewarding but also hstrathg, and sometimes it
would be easier jua to give up. It's the d e s and regdations of the ptison routine that as
a volunteer you ofien wonder when you will be called in by security and told, 'leu are a
security risk," and that couid be your last visit inside the prison walls.
"Peggy
'"
Shaughnessy, persona1jaunial, 24 Mar. 2000.
Claire Culhane, No Lonver B a r d Fmm h n : Social hjustice in Canada (New Yoxk Bladc Rose
Books, 1991).
The importance of the volunteer is to be the witness for the prisoner, as Ancient
One explains,
Doing prison work is very important because we become the witnesses.
We are in there to make sure the prisoners are treated Iike human beings.
if we didn't go into the prison these men would be treated a lot worse.
That is a reason why some of the workers give us a hard tirne because then
they have to do their work- They don't like that; they don? üke us being
there.
Often the prison authorities do not want the general public knowing what is happening
inside the prison waiis. The most important thing for the 'keeper' is order and control of
the prisoner, not interference fiom what a volunteer might see or say.
This interference becomes Enction witbin the machine to the power exercised ont0
the prisoners' body. The 'keeper' is now under the surveillance of the witness. The
volunteer becomes the 'seeing eye' for that particuiar time fiame, and can leave the prison
where their voice will also be M e n to as 'truth. ' if this 'truth' becomes a threat to the
order and control of the prison then the volunteer rnay becomes 'a security risk' in order
to elhinate such fiction.
On many occasions 1 have wondered why volunteers have so much dficulties with
prison authorities and why it seems that they want to get rid of us. But as Ancient One
rerninds me, 'They not only fear you, but they are also jealous of you. You see the ones
that understand you don't try t o get rid of you, because they have accepted you."
However, acceptance in the prison by the 'keepers' is very rare towards the volunteers,
especially those visiting Aboriginal prisoners b e W the waif. 1 have found myselfon
many occasions standing at the fiont gate of the prison as the 'keeper' wodd tell me that
there was no pass out for me that particular evening. However, the bible group had been
aüowed entrance, dong with the Alcoholic Anonymous group. But, the Native
Brotherhood volunteer List always seerned to be misplaceci, even though the same
department distributecl aii of these iists to the 'keeper at the fiont gate.
Chapter 5
Conclusion
Courage is resistance to fear. Mastery of fear - not absence of
fear. I3O
This thesis has demonstrated two major points. Fust, it has shown that Aboriginal
spinhiality in the form of its proper practice contradicts at every turn the logic, routines
and mechanics of prison Me. This means that spirituality is not easily integrated into
prison life. And it also means that Native prisoners often find in their spiritual traditions a
way of resisting the power of prison authorities and structures. Secondly, it has shown
that Aborigùial spirituality is one of the r o s t important vehicles for assisting incarcerateci
Aboriginal individuals in finding their own healing path and in coming to break their own
cycle of violent behavior. As fundarnentally as spiritual practices contradict the logic of
the prison, it in other words, remains, critical as the o d y hope of recovery for Aboriginal
prisoners.
The logic of the penitentiary is centred on order and control for the smooth
running of the machine. Surveillance becomes the main artery or engine found within.
The mangement of the 'lens' of the camera and the 'calculated gaze' of the 'keepers' are
brilliantly expressed within the architecture of the prison. Illusions are created so the
prisoner eventually begins to feel he is being watched even when he is not.
'30
This was written on a wall in Pangnirtung, Baffin Island, Nunavut.
134
The outcome of this surveillance is established in the minds of the prisoners' creating a
state of paranoia where suspicions that are constantly surroundhg his everyday living
becomes magnifie& sending the prisoner into a schizophrenic-like state.
For the Native prisoner the 'keeper' is confident that this illusionary concept of
surveillance has been effective. The Native prisoner enters the sacred areas away from the
'seeing-eye' while the 'keepers' rernain thinking they have control, reminding the Native
prisoners that they could enter these sacred areas whenever they feel there could be a
'security risk.'
Branching off this 'engine' are several support networks enhancing its
performance. The informant becomes an 'adjunct' to surveillance where they help create
an atmosphere where the dissection of the body no longer falls just on the 'keepers' hands
as the prisoners themselves begin to investigate one another. The use of informants
m e r enhances the spatial and visual means needed for control of the prison population.
The use of the informant creates mistrust within the prison population where paranoia and
suspicions are fùrther refined.
The prisoners body itseifbecomes the 'object' of surveillance as it is regulated
through the use of 'time.' The 'keepers' in charge organize seconds, minutes, hours, day
in and day out. The body is closely observeci within the division o f spaces as new walls
can be created at any given moment allowing the 'keeper' to zoom in for a closer look
when needed.
With the use of a repetitive daily schedule the body is forced into a state of
'docility.' Ruies and regdations are established and enforced to d o w for the
'norrnaiization' of the prisoner in hopes of creating "law abiding citizens.""'
Those Native prisoners' found within these waiis at Warkworth Institution quickly
learn that this logic is deeply contradicted by and contradictory to the foms of their
'Native spirituality,' which thereby pose apparent threats to it that other foms of religious
worship do not seem pose.
This is evident as ceil searches remain to be done against policy, as if these
'keepers' are trying to catch the Native prisoner in 'the act', although they are not present.
The 'keeper' can no longer rely on the smell alone for the detection of contraband, as
medicines become hard to distinguish fiom dnigs. This then becomes a threat in their
minds to the security of the prison. These 'keepers' totally disrespect the sacredness o f
the medicines in hopes o f finding contraband in their place. The 'keepers' become
suspicious that Native prisoners are M i n g contraband and many feel Native prisoners get
too much. During these ce11 searches medicines become desecrated and sacred items have
been broken o r destroyed. The 'keepers' easily replace the smashing of smudge bowls
with money; these items then lose the sacred respect they deserve.
For those Native prisoners partaking in programs or living in the smoke free living
unit the spiritual practice of smudging becomes included as part of the prohibition of
tobacco products. However, the burning of incense by the church is aiiowed even in areas
also designated 'srno ke-fke. '
131
Canada, Correctional Service of Cana&, Mission of the Carreciional Service of Cana& (Ottawa:
Muuster of Supply and Services, 1991) 7.
136
It is the lack of knowledge and respect by the 'keepen' towards 'Native
spirituality' h t remains to be one of the greatest problems behind the wall. The sacred
spaces of the Sweat Lodge and teepee are mystit'ying to these 'keepers' because
ceremonies found within are generally conducted in secret. This secrecy becomes a threat,
as suspicions become magnifieci in the 'keepers' minds. The 'keepers' then take it upon
themselves to order these men out of the Sweat Lodge with the excuse of an irnproper
count, and are reluctant to respect the sacredness of the ceremony by opening these
spaces, it becomes obvious that respect for 'Native spintuality' is the last thing on their
rninds; order and control mies the institution.
From an article submitted to the Annishnabek News this Native prisoner explains,
Many here have never lived on a reserve, and knew even less about their
culture before wmhg here. Some have tumeci their backs as 1 once did to
my father when he tried to teach me the way as a young man, on the
culture. Where 1 was Iucky to know my dad, and learned to understand
what he had to teach me, many others here have never had the chance.
There are those who were adopted out as babies, or came fiorn broken
homes of alcoholism, and dmg abuse, tossed upon the currents of mother
earth to fend for themselves, alone, unwanted, uncared for; any wonder
they have been cast on shore here? ... Unless someone begins to care, and
bring us back home. Until then, we will always be your lost children's
generation; we are the lost nation [emphasis my own].'"
For most Native prisoners at Warkworth institution the awakening of their Native
spirituality has taken place within this machine. For some of these men 'Native
spirituality' has lead to genuine inner change. For them it represents the oniy hope that
such change might take place, since punishment itself: and the prison atrnosphere on its
'"
This article was submitted by a Native p h n e r at Warkworth Innitution to the AMishnabeL News and
is used with the author's permission.
own, might Iead to a desire to avoid prison in the fùhire but not likely lead any individual
to want to be Merent, better, person.
As for the Native prisoners whose voice can be heard within the pages of this
thesis, it is clearly stated that they have come to practice their spintuality on their own; it
was never forced upon them. They have come to embrace this spirituality in an
environment most hostile to it, yet for some, it has been ci-iy
effective in transfonning
their violent path/past, which has helped in a genuine inner change.
Afier observing these Native prisoners for the past several years it almost seems
that they are first attracted to 'Native spirituality' precisely because it is a site of
resistance, a spirituality which then works on them to effect an inner change that no prison
in the world could accomptish, but every prison attempts to. It is as ifthey resist
'normdization' through spirituality. By surrendering to prison 'normalization' processes
would mean no change of heart or rnind: but simply the brute force of totalkation striking
individual consciousness and trying to whip it into shape.
For these Native prisoners found behind the wall the practicing of their spirituality
is important ifthere is any hope for them to change the past and be allowed to continue
healing on their present joumey . Little research has been done on the effects of Native
spiritual practices within the federal penitentiaries in Canada and it is imperative that such
eEects be m e r examineci so these men have the opportunity that is afEorded to them by
the Charter of Rights and Freedoms within the Canadian Constitution. If denial of
rdigious fieedoms and Moriginal rights plays a continuing role in the prison system, it
WUremain a tooI of the assimilation of Aboriginal peoples within Canada.
If this research could have one major effect, my hope would be, that the
information found within helps shed light on the concerns, perceptions, and needs of
Aboriginal prisoners being housed at Warkworth institution. In addition, and even more
importantly, that such knowledge will help inform CSC on the poiicies and prograrns to be
implemented in order to serve the Native prisoners needs. Clearly, prison rehabiiitation
for Abonginal prisoners is not occuning within the federal prison system of Canada, and it
is quite evident when looking at statistics of the over-representation of Aboriginal peoples
ùicarcerated in Canadian penitentiarie~l~~during
the past fifly years. As an expert in the
field of corrections recently informed me, T S C is predicting that by the year 2004,
Aboriginal peoples will make up 25% of the incarceration rate in the federal prisons in
anad da."'" This figure is scary as governrnent statistics now show that only 3% of the
population of Canada is ~ b o n ~ i n a13'l . Aboriginal spintual practices have helped Native
prisoners on a path of healing, but until respect by CSC is given, instead of accusations
and suspicions towards the practising of 'Native spirituality,' fiction within the machine
d l continue by Aboriginal prisoners behind the wall.
Hamilton and Sinclair 101- 103
Parti Tait. National Coordinator ofCSC for Aboriginal prisoners with AIDS, Saturday, 1 Juiy 2000.
13' Canada, Solicitor General, CCRA 5-YearReview: Aboridna1 Offenders (Minisiter of Supply and
Services of Canada, 1998).
'33
IM
Bankerhton: carrying of 'packs'
- trade, barter and the lending of 'grease'.
Blocks: living units where prisoners are housed.
Booked-in: owed money and went to the 'Hole'; protective custody.
Brew: AKA - PJ
- distilleci homemade alcohol; shine.
Bridge: suweillance post in the living units where guarâs are stationed; control panels are
here allowing for the openhg o r closing-dom of the steel-barriers and riot doors in each
range.
CCRA: (Bill-C-36) Corrections and Conditional Release Act.
CIassification: a devise to access the security of the prisoner, the security risk of the
prisoner to escape; do they belong in a maximum, medium o r minimum institution.
Commissiontr's Directive: Section 97 of the 'CCRA' authorizes the Commissioner to
create d e s for managing and canying out the mandate of the Correctional Service.
These niles are known as Comrnissioner's Directives (CD's). These Directives s p e c e
what the organizattion wants dune and explains why. Generaliy, matter of process (ive.
how policy direction is to be carried out or how principles are to be applied). CD's are
approved by the Executive Cornmittee and must be signed by the Commissioner of
Corrections.
Compound: walking area s d a r to that found in the projects; circuiar area located
outside the living units. Each living unit faces out to the comp~und.
Contraband: explosives, weapons, 'zip guns,' shanks, brew, drugs, cashfmoney; any
unauthorized item or anything in access that a prisoner has in his possession. For
example, ifa prisoner is caught with a large arnount of 'packs' he wiil be chargecl, even
though 'packs' are aliowed in the prison.
Coppers: AKA - guarddstiffdsix/screwdtheman/ or even a whistle - staffworking
within the institution.
CSC: Correctional Service of Canada. This was changed fiom the Canadian Penitentiary
System. However, within this research 1 have referred to the institution as the penitentiary
'36 Most ierms found within this glossary have been dÊnned by the Native prisoners themsehxs, in a few
areas 1 have ad&d my own interpretations on how they have been used within this thesis.
or prison because they are places of confinement, by calling them Correctional Facilities
only camouflages their restrictive and secretive role.
Fire Keeper: looks &er the Grandfathers going into the Sweat Lodge and makes sure
that everyone entering the Sweat Lodge has smudged before entering.
Gambling: poker, hockey pools; any games which are considered üiegal; any game or
activity that has some form of exchange of 'packs', drugs or cash.
Goofi someone that is obnoxious; low to the ground; a rat; u s u d y the person cding the
name is looking for a f'ight or wanting to kill someone.
Grease: payment for loan, for example ifyou borrow two 'packs' then you own three in
return.
Hard Coddprisoners' code: the unwritten law; rules, regulations and conduct by and
for the prisoners'.
Head games: someone trying to get under your skin; suspicions and rumors; accusations
and innuendos.
Hole: AKA -segrnation unit - segregation fiom the general population; refers to a
dissociation ceil which serves as punishment for breaches of discipline; punishment
consists of s o l i t q confinement.
IUegal activities: smoking dope, drinking shindrew; gambling; running a stili, moving
'packs'; having money; or 'muscling'.
IPPSO: Interna1 Preventive Security Officer.
incompatibles: people you cannot get dong with; someone who may have ratted on you;
or a prisoner that may have hanneci someone in your family.
Kangaroo court: interna1 court inside the prison where you are screwed around, for
example, you could plead guilty even if your not guilty and then receive a lesser charge or
you could ptead not guilty and get a worse charge. It is a no win situation because you
are always guilty no matter what.
Keeper: inside the prison there is a position calleci the 'keeper.' Hidher job is either the
running of a living unit or the head 'keeper' who is in charge of the prison when the
warden is not present. However, for this research 1 have chose t o use this term loosely.
The 'keepers' in prison could be guards, correctional officers, classification officers, living
unit officers, case management tearns, parole officer etc., but that does not change their
role, they stiii are the 'keepers.' When a person is taken f?om society and secluded inside
the waiis of a prison, then we al1 become their 'keepers'.
Lock-down: secwity situation in the prison - the keeper needs M e r control so the
generd population is locked-down in their ceiis. No time Lirnit on a lock-down, a count is
done and prisoners are lefl inside their ceiis until control of the prison is maintained. Or, if
a prisoner has done something wrong then sometirnes the entire prison population is
punished. This is done so that the prisoner wiii know that such activities will not be
tolerated in the firture7it becomes a lesson.
Lock-up: prisoners go to their cell at the same time each day and evening for a regular
count; during the day they have two stand up counts where they must stand in their ceUs
to be wunted, ifthey do not stand they couid be charged.
Muscling: someone who takes advantage of another prismer, they may be forced to have
sex; lose their canteen; be forced t o give personal items; it usuaiiy is a threat of being beat
UP -
OMS: Offender's Management System.
Of: off privileges, you are locked-up in your ceii and only allowed out for one hour
during rec-up on the weekdays and during the moming time on weekends.
Own time: in your ceii; minding your own business and not womying about another
prisoners business; doing your own sentence.
Packs: cigarettes; a brick is a carton and a K is also a carton.
Prisoner: 1 have used the term prisoner throughout this thesis although the convicted
offeders are usually referred to as inmates, labelling them as institutionaiized and
powerless. 1 have used the term prisoner(s) - persons temporarily deprived o f their
fieedom and liberty; held captive.
Rat: AKA - stool pigeon - informer.
Rec-up: evening or weekend announcements where prisoners are aiiowed to go to the
gym or social events in the prison.
Security Risk: escape risk; deviant of violent nature; anything or anyone (not necessarily
a prisoner) that could threaten the control of the institution.
ShanWshiv: a homemade knife.
Standing Orders: standing orders (SO's), when required shail; provide additional
direction with respect to the implementation of Commissioner's Directives, Standing
Operating Practices or Regional Instructions based entirely on considerations that are
unique to a specific operatiod unit; and/or, designate responsibility for certain ftnctions
to specific individuals or positions within the operational unit. SO's shail, except in
emergencies, be reviewed by the Regional Management Cornmittee prior to the signature
of the respective institutional head or Distinct Director.
Suspicions: concems raised by staff, being accused of things without facts; nunon and
innuendos by other prisoners.
WWdoing their waik: staffworking in the units, make rounds throughout the ranges
looking into the prisoners ceii to see ifthey are d e or not partaking in any iliegal
activities; also the counting of heads.
Zip gun: a homemade tube that is used to hold crushed up matches for gunpowder; the
matches are melted with solder where it is used for a projectile shot.
Reference
Primary References
Ancient One. Telephone Interview. 3 Apr. 2000.
B.I. Personal Interview. 7 Mar. 2000.
Cariada. Correctional Service of Canada1991 '%mates Offence Report and Notification Charge." In Commissioner's Directive
- 580.
Canada. Correctional Senrice of Canada.
1998 'Traditional Spiritual Practices." in Warkworth Institution's Standing Order 720.
Canada. Comectional Service of Canada.
1991 Mission of the Correcîional SeMce of Canada. Ottawa: Mïnistry of Supply and
Services- 7.
Canada. Solicitor General
1992 Corrections and Conditional Release Act. Ottawa: Queen's Pnnter.
Canada. Soiicitor General. MuUstry Secretariat.
1988 Final Re~ort:Task Force on Aborigjnal Peo~lesin Federal Corrections. Ottawa:
MUUstry of Supply and SeMces.
Earls-Rigby, Mary. E-mail. 19 Jan. 2000.
Flaco. Personal Letter. 8 Aug. 1998
. Personal Interview. 3 Mar. 2000.
Gus. Personal I n t e ~ e w .24 Mar. 2000.
Horgay. Telephone Interview. 7 Mar. 2000.
Jindian. Personal interview. 6 Mar. 2000.
Joe. Survey. 10 Dec. 1999.
Native Liaison. E-mail. 17 Dec. 1999.
Nigs. Personai interview. 6 Mar. 2000.
Shaughnessy, Peggy. Personal Journais. 12 Feb. 1997 to 29 Aug. 29 2000.
Spotted Eagle. Personal Interview. 16 Mar. 2000.
Swiss. Personal Interview. 2 1 Mar. 2000.
Vic. Personai Interview. 3 Mar. 2000.
Washee. Personal I n t e ~ e w .16 Mar. 2000.
Secondary References
Braun, Connie.
1998 Colonization. Destruction. and Renewal: Stones fiom A b o r i d Men at
PeYSakstewCentre. MA Thesis: University of Saskatchewan.
Caldwell, E.K.
1995 'The Struggle for Religious Rights for Native Prisoners: Relinquishïng."
In News f3om Indian Country, 1.
Canadian Corrections Association.
1967 Indians and the Law. Ottawa: Queen's Printer.
Couture, Joseph.
1983 Traditional Aboriginal S ~ i n t u a i i t yand Rewous Practices in Federai Prisons.
Regina: Corrections of Canada.
1996
Aboriginal Behavioral Trauma: Towards a Taxonomv. Saskatoon:
Corrections of Canada.
Culhane, Claire.
1991 No Longer Barred fiom Prison: Social Injustice in Canada. New York:
Black Rose Books.
Deschamp, Gilbert.
1998 We Are Part of a Traditions: A Guide on Two Souited Peo~le
for First Nations
Cornmunities. Toronto: 2-Spirited People of the 1. Nations, 1.
Foucault, Michel.
2 995 Disci~lineand Punish: The Birth of the Prison. New York: Viking
Books.
Frideres, James.
1998 AboriPjnal Peo~lesin Canada: Contemporarv Conflicts. Scarborough: Prentice
Hall.
Gnffiths, Curt, and Simon Verdun-Jones.
1994 Canadian Criminal Justice. Toronto: Butterworths Press.
Hamilton, A.C. and C.M. Sinclair.
1992 R e ~ o rof
t the Aborininal Justice Inauiry of Manitoba. Wknipeg: Queen's Printer,
191.
Henderson, James.
1996 The Mikmaw Concordat. Halifax: Fernwood Publishhg, 22.
Hogshire, JUn.
1994 You are Goina to Prison. Washington: Loompanics Unlimited, 5.
Ingstnip, Ole.
1999 "Kepote Speech." international Lndigenous Symosiurn on Corrections.
Sto: 10 Nation, March 23, 1.
James, J.T.L.
1990 A Livin~Tradition: Penitentiary Cha~laincv.Ottawa: Minister of Supply
and S e ~ c of
e Canada.
Kulchyski, Peter.
1994 Uniust Relations: Aboriginal Riahts in Canadian Courts. Toronto:
Odord University Press, 27.
Lame Deer, James and Richard Erodes.
1994 Lame Deer Seeker of Visions. New York:
Pocket Books, 191.
LaPrairie, Carol.
1995 Understandina the Context of Crime and Criminal Justice Processinn of Aboriaianl
Peo~lesin Sask~tchewan.Ottawa: Department of Justice.
Law Reform Commission of Canada.
1974 Native Offender and the Law. Ottawa: Queen's Printer.
Linn, Patncia.
1991 Report of the Saskatchewan Indian. Regina: Justice Review Cornmittee.
Little Man.
1987 'The Hole as a Whole." Unpubfished story. Warkworth Institution.
Matthiessen, Peter.
1983 In the Soirit of C r a n Horse. New York: Viking, 52 1.
McCaskiU, Don.
1984 Patterns of Criminalitv Amona Native Offenders in Manitoba: A Lonejtudinal
Analvsis. Saskatoon: Department of the Solicitor General Correctional SeMce of
Canada, Prairie Region.
Milloy, John.
1999 A National Crime. Winnipeg: University of Manitoba Press, 2 1.
Pazzano, Sam.
2000 "Break for Native Rapist." In The Toronto Sun. [Toronto] March 22, 7.
Peltier, Leonard and Harvey Arden.
1999 Prison Wntings My Life is mv Sundance. New York: St Martin's Press, 32.
Pettipas, Katherine.
1994 Servina the Ties that Bind: Govenunent Remession of hdi~enousReliaious
Ceremonies on the Prairies. Winnipeg: University of Manitoba Press.
Solomon, Arthur.
1994 Eatina Bittemess: A Vision Bevond the Prison Wails. Toronto: NC Press Ltd.
Titley, Brian.
1992 A Narrow Vision: Duncan C a m ~ b eScott
l
and the Administration of
Indian AiTiairs in Canada. Vancouver: University of British Columbia Press.
Waldram, James.
1997 The Wav of the P i ~ e Abori&al
:
S~iritualityand Symboiic Healing
In Canadian Prisons. Peterborough: Broadview Press.
Woods, Gerald.
1992 The Quality of Mercy: The Reform Tradition in Canadian Federal
Corrections. Unpublished manuscript: Correctional Service of Canada.
Appendix 1
Informed Consent
For
Theses Rcsearch at Warkworth Institution
This consent form is to invite you to take part in 3 research project by Peggy
Sbaughnessy, a graduate student at the Frost Centre for Canadian Studies and Native
Studies zt Trent University, Peterborough Ontario. The information coilected f'iom your
interview will be used in a Master's Theses, and rnay be used in a journal article or
conference presentation. The title of this study is, Friction Within the Machine:
Aboriginal Prisoners' Behind the WaU
The purpose of this sîudy is to underaand how Abonguial spirituality and
Aboriginal comrnunity provides guidance to Aboriginal prisoners incarcerated in the
federal prison systern. Little research has been done in this area. This study may help
those hdividuals who participate in Aboriginal spirituaiity/comunity to detemine the
benefits of such participation. Although there are no guarantees, this research project may
also help policy advisors and CSC officiais to better understand the positive contributions
that Aboriginal spirituality and community make to those involved.
This research will involve interview, which will last approximately one hour in
duration. Steps wiii be taken to ensure that your name and responses are kept strictly
confidential. The tapes and written transcripts wili be securely stored for up to five years.
You do not have to answer any questions that may make you feel uncordortable during
this i n t e ~ e w
and may request that the i n t e ~ e w
be stopped a any time. Withdrawal will
not affect your status at the Institution. If you have any questions or concems once the
interview is finished, you may discuss these with the Elder or other correctional staff who
is f d a r with this study. A surnmary of the results will be made available to the
participants. In addition, a copy of the theses will be sent to Warkworth Institution once it
is completed.
understand the above mentioned consent form and have
decided to participate in this research project.
1
SIGNATURE:
DATE:
RESEARCHER: P
SIGNATURE:
PHONE:(705)-748-1011
SUPERVISOR:Professor Peter Kulchvski
PHONE:/705)-748-13 10
LNTERVIEW SCHEDULE
DATE:
PRISONER PSEDONYM NAME:
0
DO YOU UNDERSTAND THE N O R M E D CONSENT 1 HAVE IUST READ
TOYOU?
YES
NO
DO YOU HAVE ANY PROBLEM WITH THIS INTERVIEW BEING TAPED?
YES
NO
THIS INTERVIEW IS DrVIDED N O TWO PARTS: THE FIRST PART IS A
PERSONAL BIOGRAPHY WITH THE SECOND PART BEING STRAEGHT
FORWARD QUESTIONS. YOU DO NOT HAVE TO ANSWER ALL OF THE
QUESTIONS? DO YOU UNDERSTAND?
YES
NO
DO YOU HAVE ANY QUESTIONS BEFORE W E START?
PART 1: PERSONAL BIOGRAPHY:
AGE:
ABORIGINAL IDENTITY:
Status:
Non-Status:
Metis:
Inuit:
NATION:
WHERE ARE YOU FROM?
Aboriginal wmmunity:
Non-Abonginal community
0
WHERE DID YOU SPEND MOST OF YOUR LEE?
Mainly Abonginal comrnunity (icluding reserve):
Mainly rural community:
Mainly small town:
Mainly city:
Cornbition:
Institutions:
FROM THE ABOVE ANSWER WAS THIS TIME SPENT WTH:
Own family:
Relatives:
Foster homes:
Adopted family:
Government Institutions:
MJMBEROF TIMES IN PRISON:
First t h e :
1-2 previous times:
3 or more times:
FIRST TIME INCARCERATED WAS IN A:
Federal Institution:
Provincial Institution:
Youth Facility:
WHAT IS THE LENGTH OF YOUR SENTENCE YOU ARE SERVING NOW?
PART II: OPEN-ENDED iNTERV1.W:
WHAT DOES RELIGON OR SPIRITUALITY MEAN TO YOU?
DO YOU PRACTICE NATIVE SPIRITUALITY NOW?
HOW DID YOU GET WOLVED WiTH THE PRACTICING OF YOUR
NATNE BELIEFS?
DID YOU PRACTICE THESE BELIEFS PRIOR TO YOUR
INCARCERATION? IF SO HOW?
DO YOU C A M MEDICINES?
HAVE YOU EVER EXPERIENCED ANY PROBLEMS WITH YOUR
MEDICINES WITHIN YOUR CELL? IF SO ARE YOU WJLLING TO SHARE
THIS WiTH ME?
WHAT HAPPENS IF SOMEONE TOUCHES YOUR MEDICINES?
DOES THE STAFF WITHIN WARKWORTH INSTITUTION RESPECT
YOUR NATIVE TRADITIONS?
153
M)ELDERS'
VISIT THIS INSTITUTION?
HOWOFTEN?
WHAT IS YOUR CONTACT WITH THESE ELDERS?
WHAT KIND OF CEREMONIES ARE PRACTICED HERE?
HOW OFTEN ARE YOU ALLOWED TO PRACTICE SUCH CEREMONIES?
HOW DOES THE PRACTICING DIFFER FROM THE CHURCH? ARE THEY
TREATED THE SAME?
WHERE IS THE NATIVE GROLJNDS LOCATED?
DO YOU HAVE ANY D E A OF HOW THIS LAND WAS GïVEN TO THE
NATIVE PRISONERS?
WKAT DOES THE NATIVE GROUNDS CONSIST OF?
HOW OFTEN ARE YOU ALLOWED IN THIS AREA?
IF YOU WERE WRITING ME A LETTER EXPLAIN TO ME WHAT THE
TEEPEE LOOKS L E ? . OUSIDE AND INSIDE
HOW DOES IT FEEL SITTING INSIDE THE TEEPEE?
DO YOU GO E?TO THE SWEATLODGE?
DOES IT HELP BY PRACTICING YOUR NATIVE BELIEFS WITH YOUR
TiME WTHIN THESE WALLS?
WHAT DOES THE EXPRESSION 'YOl/li
MEAN TO YOU?
WHAT IS YOUR OFW SPACE HERE?
WHO DO YOU TRUST?
HOW DOES THE SYSTEM OF INFORMANTS WORK?
DO YOU HAVE ANY EXPEIUENCE WITH INFORMANTS?
DO ABORIGINAL PRISONERS HAVE MORE PROBLEMS WTHIN THE
INSTITUTION THAN NON-NATIVE PRISONERS?
WHAT IS THE GREATEST PROBLEM THAT YOU HAVE EXPERIENCED
AS AN ABORIGINAL PRISONER?
IF YOU HAD THE OPPORTUNITY TO SPEAK TO A GROUP OF PEOPLE
OUTSIDE THESE WALLS WHAT WOULD YOU TRY AND EDuCATE
T'HEM WITH AS AN ABORIGINAL PRISONER ABOUT CORRECTIONAL
SERVICE OF CANADA?
YOU AND 1HAVE BOTH OVER KEARD GUARDS SAYING THAT
'INDIANS GET TOO MUCH IN HERE'. WHY DO YOU THINK THEY SAY
THAT?
IS THERE ANYTHING YOU WOULD L
ASKED?
E TO ADD THAT 1 HAVE NOT