Adelina Iftene
Dalhousie University, Schulich School of Law, Faculty Member
- Punishment and Prisons, Penal Policy and Criminal Sentencing, Criminal Law, Criminal Justice, Prison Health, Law of evidence, and 37 moreSocial Justice, Aging, Public Health, Criminology (Social Sciences), COVID-19 PANDEMIC, Corrections, Incarceration, Sentencing, Canadian Charter of Rights and Freedoms, Life Sentences, False Confessions, Judicial Discretion, Undercover Policing, Mr. Big Operations, Abuse of process, Undercover operations, Palliative Care, Parole and post-release supervision, Penal Law, Medical Assistance in Dying, Prisons, Prison Law, Human Rights, Prisoners Rights, Correctional Systems, Law of Torts, Prison Overcrowding, Mother and Child Health, Women in Prison, Mental Health, Mental Health in Prison, Older Prisoners, End of life care, Imprisonment, Health Law, Solitary Confinement, and Criminology and Criminal Justiceedit
- Dr. Adelina Iftene is an Associate Professor of Law and the Criminal Justice Specialization Coordinator at Schulich S... moreDr. Adelina Iftene is an Associate Professor of Law and the Criminal Justice Specialization Coordinator at Schulich School of Law, Dalhousie University. Adelina teaches and conducts research in the areas of criminal law, evidence, sentencing and imprisonment and prison policy.
Her manuscript “Punished for Aging: Vulnerabilities, Rights, and Access to Justice in Canadian Penitentiaries,” was published by University of Toronto Press in 2019.edit
Built around the experiences of older prisoners, Punished for Aging looks at the challenges individuals face in Canadian penitentiaries and their struggles for justice. Through firsthand accounts and quantitative data drawn from extensive... more
Built around the experiences of older prisoners, Punished for Aging looks at the challenges individuals face in Canadian penitentiaries and their struggles for justice. Through firsthand accounts and quantitative data drawn from extensive interviews, this book brings forward the experiences of federally incarcerated people living their "golden years" behind bars. These experiences show the limited ability of the system to respond to heightened needs, while also raising questions about how international and national laws and policies are applied, and why they fail to ensure the safety and well-being of incarcerated individuals. In so doing, Adelina Iftene explores the shortcomings of institutional processes, prison-monitoring mechanisms, and legal remedies available in courts and tribunals, which leave prisoners vulnerable to rights abuses.
Some of the problems addressed in this book are not new; however, the demographic shift and the increase in people dying in prisons after long, inadequately addressed illnesses, with few release options, adds a renewed sense of urgency to reform. Working from the interview data, contextualized by participants’ lived experiences, and building on previous work, Iftene seeks solutions for such reform, which would constitute a significant step forward not only in protecting older prisoners, but in consolidating the status of incarcerated individuals as holders of substantive rights.
Some of the problems addressed in this book are not new; however, the demographic shift and the increase in people dying in prisons after long, inadequately addressed illnesses, with few release options, adds a renewed sense of urgency to reform. Working from the interview data, contextualized by participants’ lived experiences, and building on previous work, Iftene seeks solutions for such reform, which would constitute a significant step forward not only in protecting older prisoners, but in consolidating the status of incarcerated individuals as holders of substantive rights.
Research Interests:
Since 2011, s. 745.51, which provides sentencing judges with the option of imposing consecutive periods of parole ineligibility for multiple murders, has been applied over 50 times, with nearly half of the accused being sentenced to what... more
Since 2011, s. 745.51, which provides sentencing judges with the option of imposing consecutive periods of parole ineligibility for multiple murders, has been applied over 50 times, with nearly half of the accused being sentenced to what is effectively lifelong imprisonment. In late 2020, the Quebec Court of Appeal (QCCA) declared s. 745.51 unconstitutional and struck it down in Bissonnette c R. This article reviews the constitutional arguments upheld by the QCCA in Bissonnette and weighs them against the challenges that trial judges have encountered in applying s. 745.51 since 2012. By drawing on a qualitative review of cases in which s. 745.51 has been applied, as well as Charter principles, sentencing case law and international practices, this article posits that the QCCA was correct in its approach to s. 745.51, both in finding it unconstitutional and in finding that the provision should not be read down to render it constitutional. This article advances the central argument that, in the context of an already problematic sentencing regime for murder, a piece of legislation that allows for consecutive periods of parole ineligibility of any length, even when its application is circumscribed to certain offenders, will likely continue to raise issues in its application and effects. Thus, when Bissonnette is heard by the SCC, the QCCA’s decision should be upheld. Moreover, Parliament would be well advised to resist any attempts to rewrite this provision and pass another version of it.
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This article documents the Nova Scotia provincial prison system’s experience in dealing with COVID-19 during the first wave, including its uniquely swift decarceration efforts. In reviewing Nova Scotia’s response to the pandemic, a... more
This article documents the Nova Scotia provincial prison system’s experience in dealing with COVID-19 during the first wave, including its uniquely swift decarceration efforts.
In reviewing Nova Scotia’s response to the pandemic, a couple of positive steps are apparent and may be instructive for other jurisdictions in times of crisis. However, Nova Scotia’s overall response to the pandemic has exhausted its already stretched thin resources and it has not been without its flaws. This is partly due to pre-existing issues that became obvious during this crisis. In addition, the decarceration efforts did not prove sustainable. After the first wave of the pandemic the number of people in custody has gone up again, which overshadows some of the positive steps taken during the first wave. Thus, it is a good opportunity to reflect on some of the systemic issues that plague Nova Scotia’s (and other jurisdictions’) criminal justice systems and which have rendered responding to a crisis significantly more difficult. These issues – including overcrowding, high rates of pre-trial detention, lack of support upon release, lack of transparency of prison systems, etc. – can no longer be ignored and ought to be addressed with priority.
One goal of this investigation is to identify a set of best practices that can help Canadian prisons systems with their short-term responses to crisis in a manner that is compliant with both international and national public health policies and human rights. Another goal of this investigation, based on the systemic weaknesses highlighted by the pandemic, is to advance longer-term recommendations that would improve the criminal justice system and help maintain lower levels of incarceration.
In reviewing Nova Scotia’s response to the pandemic, a couple of positive steps are apparent and may be instructive for other jurisdictions in times of crisis. However, Nova Scotia’s overall response to the pandemic has exhausted its already stretched thin resources and it has not been without its flaws. This is partly due to pre-existing issues that became obvious during this crisis. In addition, the decarceration efforts did not prove sustainable. After the first wave of the pandemic the number of people in custody has gone up again, which overshadows some of the positive steps taken during the first wave. Thus, it is a good opportunity to reflect on some of the systemic issues that plague Nova Scotia’s (and other jurisdictions’) criminal justice systems and which have rendered responding to a crisis significantly more difficult. These issues – including overcrowding, high rates of pre-trial detention, lack of support upon release, lack of transparency of prison systems, etc. – can no longer be ignored and ought to be addressed with priority.
One goal of this investigation is to identify a set of best practices that can help Canadian prisons systems with their short-term responses to crisis in a manner that is compliant with both international and national public health policies and human rights. Another goal of this investigation, based on the systemic weaknesses highlighted by the pandemic, is to advance longer-term recommendations that would improve the criminal justice system and help maintain lower levels of incarceration.
Research Interests:
In this article, we review the current legislation, policies, and practices related to endof-life care for federally incarcerated individuals as set out in statutes, guidelines, and government reports and documents that were either... more
In this article, we review the current legislation, policies, and practices related to endof-life care for federally incarcerated individuals as set out in statutes, guidelines, and government reports and documents that were either publicly available or obtained through Access to Information requests from the Parole Board of Canada and Correctional Service of Canada (CSC). Based on this review, we describe the status quo, identify gaps, and offer reflections and raise concerns regarding end-of-life care for federally incarcerated individuals. We conclude that there are significant information gaps about the number of people seeking end-of-life care and about how CSC is managing the provision of such care. The sparse information available is nonetheless sufficient to support the conclusion that there are good reasons to be concerned about how end-of-life care is regulated, monitored, recorded, and provided. Significant reforms are needed.
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In the last decade there has been a steady growth in the number of federally incarcerated people aging in prisons. These individuals have a long list of medical needs while they present a low risk to communities. However, this category of... more
In the last decade there has been a steady growth in the number of federally incarcerated people aging in prisons. These individuals have a long list of medical needs while they present a low risk to communities. However, this category of people tends to spend more time in prison than their younger counterparts and face difficulties in being released. Using original empirical data, as well as the existing literature, I argue that a high number of these individuals need to be released through a compassionate release mechanism. This article has two purposes. One is to show that compassionate release does not really exist in Canada. Section 121 of the Corrections and Conditional Release Act-parole by exception-is the closest Canada has to release on humanitarian grounds, but it fails to fulfill this role. The second purpose is to argue that the lack of a functional compassionate release provision is unacceptable, particularly in the context of the increase among the prison population of medical conditions associated with aging. I maintain that a system which is not flexible enough to consider extreme post-incarceration circumstances of an offender, and does not allow for a modification of the place where individuals serve their sentence based on these circumstances, is disconnected from any medical, penological, humanitarian, or constitutional requirements. Finally, I provide a set of recommendations for the redrafting of section 121.
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This article builds the case for expanding s 7 of the Charter of Canadian Rights and Freedoms to apply to prison regulations and decisions in the specific context of an aging prison population. As original empirical data shows, prisons... more
This article builds the case for expanding s 7 of the Charter of Canadian Rights and Freedoms to apply to prison regulations and decisions in the specific context of an aging prison population. As original empirical data shows, prisons are highly insensitive to age-related problems, and inappropriate or insufficient medical treatment receives official sanction from a wide range of correctional documents. The stark inadequacies of the current system endanger older prisoners’ security of the person, and sometimes their lives, in ways that violate their rights under s 7, since the deprivations they suffer result from legislative policies and state conduct that are by turn arbitrary, overbroad, and grossly disproportionate. While s 7 has not been used to review such administrative documents or actions before, such a review is both feasible and highly desirable given the current lack of substantial access to justice by prisoners, their heightened vulnerability, and the evolution of the section 7 jurisprudence.
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A federal penitentiary is a prison where individuals serve long sentences, of 2 years or longer, including life sentences. Take a second to picture a person serving a sentence in such a place. Who do you see in your mind's eye? Did you... more
A federal penitentiary is a prison where individuals serve long sentences, of 2 years or longer, including life sentences. Take a second to picture a person serving a sentence in such a place. Who do you see in your mind's eye? Did you imagine a 70-year-old in an advanced stage of multiple sclerosis? Or a 72-year-old with metastatic lung cancer? Or a 55-year-old with an above-the-knee amputation and stage 1 dementia?
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The number of aging people in prison has been on the rise in the last few decades. Their heightened needs place burdens on correctional institutions that have not been encountered before. This article presents the results of a study... more
The number of aging people in prison has been on the rise in the last few decades. Their heightened needs place burdens on correctional institutions that have not been encountered before. This article presents the results of a study conducted with 197 older prisoners. This study’s findings identify issues raised by chronic pain in older prisoners and the management of this pain in a prison setting. Correctional Service Canada (CSC) does not acknowledge older prisoners as a vulnerable prison group, and correctional policies thus tend not to include age (and its implications) as a variable worthy of consideration. Data from this study raise some under-explored issues about the matter of aging behind bars that are in need of future research. If the findings are con- firmed in the future, the CSC might find its policies challenged in court. To prevent that from happening, a systematic reform of the CSC’s policies – in particular, the medical ones – will need to be undertaken, with the goal of making them age-sensitive.
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This article is based on a quantitative study investigating the quality of life of older Canadian prisoners. For this study, social science methodology was used to answer certain legal questions, such as: what are the mental health issues... more
This article is based on a quantitative study investigating the quality of life of older Canadian prisoners. For this study, social science methodology was used to answer certain legal questions, such as: what are the mental health issues of older male offenders and how are these needs influencing the exercise of their legal rights? Are institutions prepared to deal with the increased needs of older offenders? If no, is this an infringement of this group's rights? In this article, the mental health problems of older offenders are first outlined. Second, the legal, policy, and institutional limitations in responding to these problems are described. Based on these findings, it is maintained that a change in the treatment of older offenders is needed. Third, statutory and constitutional challenges are explored. If change does not come voluntarily, it is the duty of the courts to have a flexible and open-minded approach toward different actions that challenge the current prison regime.
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In 2014, the Supreme Court of Canada in R v Hart reviewed the application and evidentiary consequences of Mr. Big operation. For the majority, Moldaver J. changed the common law confessions rule so that it applies in Mr. Big scenarios... more
In 2014, the Supreme Court of Canada in R v Hart reviewed the application and evidentiary consequences of Mr. Big operation. For the majority, Moldaver J. changed the common law confessions rule so that it applies in Mr. Big scenarios based on a two-pronged test. Immediately after Hart, the SCC rendered a new decision in R v Mack where the two pronged test was leniently applied in favour of the Crown.
In this article I argue that the SCC approach in Hart and its application in Mack failed to address to the core problems that Mr. Big operations pose. It is the purpose of this paper to review the decision in Hart and its subsequent application in Mack, to point out their shortcomings and to make the case for an alternative solution for the issues raised by Mr. Big investigations.
In this article I argue that the SCC approach in Hart and its application in Mack failed to address to the core problems that Mr. Big operations pose. It is the purpose of this paper to review the decision in Hart and its subsequent application in Mack, to point out their shortcomings and to make the case for an alternative solution for the issues raised by Mr. Big investigations.
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Prisoners can be tragically wronged by the prison system, as highlighted by the recent Ashley Smith case. Tort actions have proven to be a problematic form of recourse for them. Negligence claims made by prisoners face many obstacles at... more
Prisoners can be tragically wronged by the prison system, as highlighted by the recent Ashley Smith case. Tort actions have proven to be a problematic form of recourse for them. Negligence claims made by prisoners face many obstacles at every stage of the analysis: the duty of care, standard and breach, and causation. The authors offer an overview of tort litigation coming out of Canadian prison with a focus on health care based negligence claims, risks arising from other prisoners and the risk of self-harm. They find that these cases are unevenly resolved when the plaintiff is a prisoner. The paper further considers “conditions of confinement” and attempts to determine whether this standard could give rise to a novel duty of care. The authors outline several impediments to the imposition of such a duty. They note that Canadian courts are reluctant to impose duties on public actors, particularly when the conduct in question walks the fine line between operational and policy-oriented action. Improving conditions of confinement would be an expensive undertaking and the imposition of a duty of care would involve costly funding decisions, so the authors determine that the courts would be unlikely to accept it as a legitimate duty of care. If tort litigation can be made more accessible to prisoners the end result may be the improved enforcement of their entitlements and the betterment of internal prison conditions.
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This article reviews the potential effects of Bill C-10 and related legislation that provide for more legal minimum sentences and reduce the possibility of conditional release. Without more resources overcrowding - an already pressing... more
This article reviews the potential effects of Bill C-10 and related legislation that provide for more legal minimum sentences and reduce the possibility of conditional release. Without more resources overcrowding - an already pressing issue in Canadian corrections - will increase. We further review the potential effects of overcrowding as exemplified in other jurisdiction.
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Correctional Service of Canada and the provincial prison systems have a duty to provide incarcerated individuals with health services that are comparable to those in the community, but they have failed to do so during the COVID-19... more
Correctional Service of Canada and the provincial prison systems have a duty to provide incarcerated individuals with health services that are comparable to those in the community, but they have failed to do so during the COVID-19 pandemic. There are inherent practical difficulties to implementing health care in prisons. In addition, prison demographics include a higher proportion of populations that are vulnerable to disease. These factors together mean that the prison response to COVID-19 must involve depopulation and the implementation of guidelines provided by public health agencies in all institutions. So far, the measures taken have been insufficient, as is evidenced by the rapid rates of spread of COVID-19 within prisons compared to the community. An overreliance on segregation of incarcerated individuals as a preventive measure raises concerns under s. 7 of the Charter of Rights and Freedoms (the Charter) and international human rights. There are also equality concerns under s. 15 of the Charter, given the high proportion of Indigenous people in prison. Ultimately, some prison systems’ failure to respond adequately to the pandemic impedes the successful flattening of the curve and will likely prolong the life of COVID-19 in the community. It highlights the urgency of the much-needed prison reforms that have been overlooked for decades.