Imagine that your family member has a mental crisis. Instead of being treated in a mental facility, they are locked up inside a notorious province jail. Your family member is in a mental health crisis, but instead of being treated at a mental health facility, they are locked inside A knock on the door a few days later brings you the terrible news that your loved one is dead.

This photo is from an undated family handout. His brother reported that family members attempted to visit him at least four times in the days leading up to his death. They drove an hour to the Ontario jail to see him. THE CANADIAN PRESS/Yusuf Faqiri

Faqiri has lived this nightmare for seven years. The Faqiri family came to Canada in the early 1990s as Afghan refugees, hoping for a better future.

On December 15, 2016, Soleiman Faqiri, 30, died at Central East Correctional Centre in Lindsay, Ontario, “Super Jail.””

Guards had repeatedly hit him, pepper-sprayed his face twice, and forced him to lie on his stomach. He was arrested earlier for allegedly stabbing his neighbor during a mental episode.

The Coroner’s Inquest of Faqiri is now complete. Ontario’s coroner counsel has made 55 recommendations to jurors for preventing further deaths. The inquest included disturbing videos and testimony about the last days and moments of Faqiri’s life and the brutality of corrections officers.

Researchers examined 478 deaths that occurred in Ontario custody between 1996 and 2010 in one study. Researchers found that “around half of all deaths occurred amongst those with a mental illness or drug use history and these deaths occurred disproportionately in local police or province custody.”

Canada has officially abolished the death penalty as a legal sanction. However, it remains effective for many inmates with mental illness.

In correctional facilities where violence is used to control prisoners, those with mental issues are at greater risk. The arsenal of tools used by corrections officers, from restraint devices to pepper spray, can increase the trauma and distress experienced by those with mental disorders.

The conditions of imprisonment, such as overcrowding, double-bunking and anxiety, can lead to increased stress, anxiety, self-harm and suicide behaviour.

Ivan Zinger’s 2020-21 annual report, which federal investigator Ivan Zinger compiled on disciplinary issues, showed that 41 percent of all incidents involving the use of force in federal prisons involved individuals who had documented mental conditions. This is likely to be an underestimation of the real extent of the issue since reliable data on mental health indicators from the Correctional Service of Canada are lacking.

Soleiman Faqiri’s death is not an isolated event. Studies have shown that mental health issues are a major factor in many deaths while in custody. (Yusuf Faqiri), Author supplied (no reuse).

Zinger also highlighted the use of excessive pepper spray as a cruel and traumatizing practice for people with mental illnesses. He recalled a case in which a certified person undergoing a medical procedure was subjected to two bursts of pepper spray, handcuffs, and “physical treatment.”

According to a report by the John Howard Society, corrections staff can misinterpret common behaviors and symptoms associated with severe mental disorders (such as bipolar disorder or schizoaffective disease), leading them to increase disciplinary sanctions and segregation.

Independent investigators

There is no comparable independent watchdog in provincial jails. This situation must be changed.

Canada has also refused to ratify the Optional Protocol of the United Nations to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. Protocol requires that all detention centers be open to inspections by independent national and foreign inspectors. We need more transparency and accountability and to fundamentally alter how people in prison are treated.

Faqiri’s death is an example of how the criminal justice system can have fatal consequences when used to deal with mental health issues. The report describing the mistreatment that led to Faqiri’s death is disturbing, but the lack of accountability has been a major problem.

Mental health of those who are in custody should be a priority. Reform should focus on providing medically and culturally-appropriate trauma-informed treatment, medication and therapies in a supportive environment, rather than in prisons that exacerbate the challenges faced by individuals with mental health issues.

It is also important to provide community mental health services that are based on evidence in order to protect society and better serve people with mental issues. When such services aren’t provided, the risk of harm is increased. Prevention is the key.

Sandy Simpson, chair of forensic psychiatry in the Centre for Addiction and Mental Health at the University of Toronto, said in an interview for Indictment: the Criminal Justice System on Trial , “People with psychotic illnesses who are treated experience the same rates of violence or less than the general public.” It’s treatable if the care is accessible and acceptable to those in need.

We must re-evaluate how we approach mental health, both in the community and prisons. Our goal is to create a system which promotes healing instead of perpetuating harm. Faqiri’s death cannot be in vain. His family deserves justice, accountability and answers.