Lawyers Work to Reduce London’s Jail Population Amid COVID-19 Court Closures

The COVID-19 pandemic is having a widespread effect across the world, and jails are no exception. Lawyers, concerned about the risk prisoners face with regard to the highly contagious novel coronavirus, are seeking to release non-violent inmates and others whose cases could be handled outside of custody.

According to CBC.ca, the prison population of Elgin Middlesex Detention Centre in London, Ontario has been reduced by about 60 inmates.

The jail, which was reportedly built in the 1970s to hold 150 inmates, currently holds approximately 320. This overcrowding of the prison puts inmates and prison staff at an increased risk of contracting COVID-19 if the virus reaches the facility.

Last year, Ontario’s human rights commissioner described the conditions at the Elgin Middlesex Detention Centre as “amongst the worst I have seen in Ontario.”

“The conditions are dehumanizing, antithetical to rehabilitation and reintegration, and pose a serious risk to the health and safety of prisoners and correctional officers alike,” she said.

Attorney Kevin Egan, who is representing inmates in a class action lawsuit over conditions at Elgin Middlesex Detention Centre, says he has been unable to visit the jail in the past week due to frequent lockdowns. Lawyers are now meeting with their clients in areas that were previously used for family visits. They are separated from their clients with a glass divider.

The release of non-violent inmates has also led Egan to ponder other questions.

“If we’re able to let these people out now, in this time of crisis, it kind of begs the question why they’ve been locked up in the first place,” Egan said.

Ontario recently expanded the Temporary Absence Permit (TAP) program, which allows inmates to be free from jail but remain monitored by the justice system while their cases are proceeding.

Some inmates in the United States are being freed as well. Up to 1,000 New Jersey inmates are being released from state jails in order to stop the spread of the coronavirus. Criminal justice advocates and state prosecutors say those being released pose very little threat to the public.

Many U.S. courts are shutting down as well, placing court proceedings on hold until further notice. It’s unclear how long these closures will last for, but criminal and civil actions making their way through court will likely be delayed.

Cases from London are reportedly being heard in St. Thomas because the London courthouse has already had two confirmed cases of COVID-19 and two other suspected cases among its staff. The London courthouse was shut down on March 17 after a lawyer tested positive for the novel coronavirus.

Another lawyer tested positive for the novel coronavirus just days later.

The two court employees who are experiencing symptoms consistent with COVID-19 are reportedly in self-isolation. They have not returned to the courthouse since March 16.

“Everyone feels a lot of compassion for our colleagues and we are all worried for the people infected,” president of the Middlesex Law Association Erin Rankin-Nash said.

Attorneys in London are taking measures to reduce the number of people entering the St. Thomas courthouse and the potential exposure to COVID-19. According to CBC.ca, six London defence lawyers have agreed to take on the cases of more than 70 other lawyers.

Lawyers are also working to reduce the number of people locked up in EMDC because the highly-contagious novel coronavirus can quickly infect the prison population.

Prisoners at EMDC share common areas, showers, and jail cells. They are unable to follow the public health guidelines to wash their hands frequently and stay two metres apart from others to reduce the spread of COVID-19.

“We cannot look at our jails as a place where people just go to die,” said lawyer Cassandra Demelo. “You have a number of people who are in close proximity, using the same things over and over again without always proper cleaning, and it’s a Petri dish for the spread of this virus.”

Demelo says that defence and Crown attorneys are working on getting non-violent offenders out of prison, such as putting them on a plan that mitigates their danger to society. Many of the prisoners locked up in EMDC have not been found guilty of the crimes they are alleged to have committed.

“We are certainly hearing the panic in our clients’ voices when they call,” Demelo said.

Demelo also says that there are currently efforts underway to establish a remote, teleconferencing system to handle cases in London’s court system. There is reportedly insufficient bandwidth to support a video conferencing system.

Currently, people who are serving weekend sentences are not required to report to the jail.

As of the time of publication, Ontario has said there have been no positive cases of COVID-19 at EMDC, although there have been positive cases at other detention centres.

What do you think about the lawyers in London taking on extra cases to get people out of the Elgin Middlesex Detention Centre amid the COVID-19 pandemic? Tell us your thoughts in the comment section below!

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