Officers have filed scores of scathing reports about ‘unfit’ conditions at HMP. We obtained them

Last July, a staff member at Her Majesty’s Penitentiary made an urgent plea: inmates were so hot inside the notorious prison that they were at the point of rioting. 

“HMP staff are having to manage volatile inmates who are at the point of rioting/becoming violent due to the unfit living conditions at HMP,” wrote a staff member.

“There was a near-miss last week when inmates refused to lock into their cells, this was directly related to the heat in the cells. The emergency response team confined the range successfully last week but the unit is still at risk to riot again as no changes have been made.”

The complaint was lodged in an internal hazard reporting system that keeps track of everything from ergonomically unfriendly workstations to poorly fitted vests to broken cell doors.

CBC News obtained the spreadsheet, which contains incidents generated between January 2022 and June 2023, through an access-to-information request.

In the decades-long conversation about conditions at Her Majesty’s Penitentiary, correctional officers are rarely heard. They do not speak publicly over concerns for their employment and instead are represented in public by the union president.

But the reports offer rare insight into the situations staff at the St. John’s prison face when they go to work and the frustration they feel over a lack of action for both themselves and the inmates alongside them. The names of the guards are redacted in the records provided to CBC News.

There were reports of black mould, poor ventilation, a consistent burning smell and extreme heat. Chief among the complaints, however, were rodents. 

The rodent infestation has been so extreme over the last year and a half that one correctional officer noted, “It’s to the point you’re almost tripping over them.

“I know the building is old and there is only so much that can be done but until we get a new building I think we can at least curb the issue to an extent,” they said, referencing a list of areas that need immediate patch work in the floors, walls and ceilings.

“Major problem [redacted] is infested beyond belief. The cabinets are a living area for them (specifically under the sink inside the cabinet). Mice coming in from under the cabinets and in the cabinets due to direct access to the wall.”

Employees and inmates are afraid to work in some areas of the prison, one staff member said, because of a persistent infestation that cannot be quelled by sticky traps alone. 

A Department of Justice and Public Safety spokesperson said an a statement last month that pest control providers regularly make visits to the prison. 

Inmate kicks through corroded cell door

The same month that correctional officers were able to thwart a potential riot, an inmate was able to get out of his cell by just kicking the door.

“After the inmate was secure in another cell, I inspected the cell door, I observed a significant amount of damage and the entire locking mechanism of the door appeared to have severe corrosion,” one correctional officer wrote. 

Despite complaints during the summer of 2022 about poor ventilation and a lack of air conditioning, the problems persisted. This summer, one employee stated that heat testing in one area registered 27 C, not including humidity. 

“While wearing full uniform it is incredibly uncomfortable and makes for dreadful work conditions,” they said. 

In August 2022, a staff member noted a “major life safety” issue but the details were redacted. 

Numerous entries noted a “toxic burning smell” that some suggested came from inmates burning paper and smoking tobacco and Suboxone patches — prescribed to treat dependence on opioids.

“This issue has been ongoing for approximately 10 months now,” one person reported in February. “This has been such an ongoing issue that I will have to start reporting symptoms to my doctor.” 

In May, a staff member said the practice of inmates smoking resulted in a fire in one of the living units but that the fire department was not called. 

Days later, another concern about fire safety: “Currently on Level 2 at HMP we have a toilet paper roll holding open a fire door for two days. I’m not an expert but this seems like a fire risk.”

Lack of staff a ‘hazard’

A lack of correctional officers staffing the facility was noted as a major concern, with one person stating they had to lock inmates in their cells because it was simply not safe. 

“The staffing levels at HMP is at a critical level and the risk of staff getting physically, mentally or psychologically injured is higher than ever,” they wrote. 

Another officer added: “Working short staff in a prison environment creates large amounts of new hazards over and above the many day to day hazards with an average staff complement.”

Gerry Phelan, who has worked as prison chaplain for nine years at the jail, told CBC News last week that the correctional officers are facing impossible tasks. 

“They have been working miracles all summer long. I’ve seen them go above and beyond to make sure that certain inmates who need special help get to see the special help they require,” Phelan said.

Newfoundland and Labrador Association of Public and Private Employees president Jerry Earle recently told CBC News the province is short about 40 correctional officers at HMP.

The province and union jointly announced measures this month to retain the guards they have, including a one-time $2,500 bonus and double pay for any employee working on their first scheduled day off. 

Rosemary Ricciardelli, research chair in safety, security and wellness at the Marine Institute’s School of Maritime Studies, has extensively studied the prison system. Ricciardelli said she struggles to understand why some of the issues cannot be rectified. 

“I think there’s a lot of things going on that there’s no need for. Like, can’t they get rid of the rodents? I don’t understand. Where is the effort and the funds that should be put in? And there are real security issues, like if a door doesn’t lock properly, that’s a security issue,” said Ricciardelli, who reviewed the records obtained by CBC News.

Part of the problem, she said, is there are so many issues it’s hard to know where to start.

It isn’t the extreme cases that stand out, she said, but the minor ones — having access to chairs that aren’t broken, or getting a vest that fits. 

“I feel the need to remind this is a government building, you know, the Confederation Building doesn’t look like that, and this is still a government building and it is home to many people, even temporarily,” said Ricciardelli.

“Therefore, there’s no reason that a person’s home in a government space should be in that condition.”

Is a new facility on the horizon?

A replacement for HMP was promised in 2019, with construction scheduled to be completed in 2022.

During a recent unrelated news conference, CBC News asked Justice and Public Safety Minister John Hogan about the timeline.

He did not provide an answer on when the facility will be built but said work is underway. 

“Everyone in government is acknowledging it needs to be replaced. I mean, that’s a decision that’s been made. It needs to be replaced,” said Hogan.

“The sooner it gets done, the better, obviously.”

In 2019, the provincial government announced it would set aside $200 million for the project. An access-to-information response in March 2022 revealed the government’s “affordability ceiling” was $325 million.

This past spring at the House of Assembly, Progressive Conservative infrastructure critic Loyola O’Driscoll said “industry sources” told him the cost is now expected to be $520 million. The government declined to confirm that figure.

The province has budgeted $7.3 million in the 2023-24 fiscal year for “advance planning.”

The Department of Transportation and Infrastructure is responsible for the maintenance of the building. In a statement Wednesday, a spokesperson said officials work closely with the Justice Department to address day-to-day maintenance requirements at HMP, including health and safety concerns.

“The department responds to rodent complaints through repairing and improving wall holes and filling gaps in crevices on a regular basis,” the department spokesperson said.

“Pest control specialists are engaged to manage incidents as they occur.”

The spokesperson said the department takes “proactive measures” to service existing cooling systems before the summer begins. It added air conditioning and mini-split systems were installed this year and last year. 

The statement said it is still evaluating “technical and financial submissions” in response to the request for proposals for a replacement facility. 

Phelan said last week he’s seen the plan for the new penitentiary and it’s positive.

Now, he said, the public needs to back what may be a difficult political sell.

“We need the public to know that sooner or later that government on the hill is going to say this new prison is going to cost double what we thought. But yes, it’s going to have help for those with addictions. And yes, it’s going to have a special range for those with mental health issues. And yes, we’re going to staff it properly,” Phelan said.

“I think people generally do care. I just don’t think everybody understands fully how so many people in this province are affected.”

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