Haitian nightmare

Canadians are stuck in Haiti’s prisons, without due process

by Michael Petrou on Friday, January 30, 2009 12:55pm - 7 Comments

Diplomats are in direct contact with the Canadians held in Haitian jails. Officially, visits are scheduled every three months. This didn’t happen in the summer of 2007, according to one memo, because of staff shortages and preparations for Prime Minister Stephen Harper’s visit. The embassy also corresponds with relatives, friends, and employers on prisoners’ behalf. On occasion, the embassy pays for prisoners’ food and basic medical supplies—although a July 2006 memo said this could only be done if the inmate has exhausted all other options and promised to reimburse the money. Many inmates cited in the embassy memos felt Canada wasn’t doing enough to help them.

“I then met with . . . who alternated between speaking calmly and bursting into tears throughout the visit,” reads one memo from January 2006, referring to an incarcerated Canadian whose name is deleted. “Health-wise he said that he was fine but that he was now in his fourth day of detention and did not have enough to eat . . . He further expressed that he wants to return to Canada and do prison there. I explained that there is no transfer-of-prisoners treaty between the two countries and told him that it would be up to his lawyer to work for his freedom or deportation.”

But competent lawyers are often not available. A memo from December 2007 describes a jailed Canadian as “extremely depressed” because he had no money to hire one: “He doesn’t understand why the embassy cannot hire a lawyer on his behalf. It was explained that this is not a service that is provided by the Canadian government for any Canadian citizen whether in Canada or abroad. He grudgingly accepted that we contact legal aid and it was carefully explained that this lawyer has little or no experience. However, with no funds this is all he’s entitled to receive.” Other reports describe despondent prisoners, without money to buy food or clothing, sick from prison food and lonely because their family and friends in Haiti won’t come to see them. One alleges abuse by Haitian police.

It appears that Liberal MP Mauril Bélanger called the embassy in November 2006 to inquire about a detained Canadian, and the office of Liberal MP Ujjal Dosanjh was also in touch. Jason Kenney made numerous inquiries, and he had planned a meeting with Haiti’s ambassador to Canada to discuss a particular detainee. Maxime Bernier, when he was foreign minister, raised the issue of Canadian detainees with Haiti’s minister of foreign affairs during a trip to Haiti in February. But there is no evidence that a politician actually visited a prisoner in a Haitian jail. And not once did Canada charter a jet to fly a released prisoner home.

It is difficult to consider why Canadian politicians were so eager to help Brenda Martin, but comparatively less so to aid Canadians jailed in Haiti, without concluding that political grandstanding played a role. Canadians detained in Haiti are arguably more deserving of government intervention than are those in Mexico. Conditions are as bad or worse, and the judicial process that got them there is weaker.

But Brenda Martin, a white woman, had friends who publicized her plight, and journalists put her story on the evening news. After that, public attention from politicians was inevitable. Canadians jailed in Haiti are mostly black and, judging by their lack of funds for lawyers, food, and clothing, poor. Canadian politicians can safely ignore them. Most do.

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  • Dave

    The issue with Haiti is similar for many other developing countries including much of the Middle East and North Africa. The problem centers on recent immigrants or worse refugees (Martin was not one of these) who came to Canada to escape their country of origin. In the case of refugees their claims are frequently based on allegations of fear for their life or torture should they be forced to return. Unfortunately, once they receive landed immigrant status and/or citizenship, many immediately lose all fear and return, calling into question the viability of their initial claim. Many face no threat and merely lied to gain entrance. Others really may face a threat. There is a simple solution. Don’t go back to a country you wanted to escape from. If you do you should forfeit Canadian Citizenship at the most, at the least you should expect no assistance from Canada as you deliberately put yourself at risk. My ancestors escaped and never returned to their country of origin. It is the price you pay for a new start.

    • Austin So

      Sounds like you have personal experience to make these kinds of statements…do you know someone (i.e. refugees or recent immigrants) personally?

      Austin

  • madeyoulook

    Maybe the USA military can transfer its Canadian detainee over there. It’s not even that far. Then this country might start caring about more than just one Canadian incarcerated overseas.

    Seriously, the degree to which some Candians expect that a Canadian diplomat is a magician is just mindboggling. If a [pick-a-country]-ian commits a crime in Canada, would we be thrilled to allow the [picked-country]-ian ambassador or high commissioner to spring this foreign national loose?

    It makes sense to try to shame other countries with pathetic human rights records, pre-ordained-results judicial processes, and inhumane prison conditions. Sadly, I am not sure Haiti is in a position to even care about that aspect of its international reputation right now.

    All Canadians planning to travel abroad, especially to less-than-enlightened countries, had better pick up the “Bon Voyage, But” publication from DFAIT. There’s a whole lot less protection for you than you think the maple leaf on your backpack provides.

  • JC

    I would have found this article a bit more compelling if it had focused on the thousands of Haitians languishing in Haitian prisons, many of whom have not been tried, but who have spent more time in prison, relying on the kindness of friends and family to keep them clothed and fed, than they would have if they had received the maximum sentence for the crime they are accused of. Haitian prison reform (in addition to justice and police reform) is an enormous task, and one that will take years to see through.

    International Crisis Group has a good publication on the state of prisons in Haiti, for those who would like further information. It is available through the ICG website. The North-South Institute (my employer) also recently put out a report on police reform in Haiti. It is also available through the NSI website (or will be soon).

  • abana stephenson

    i am looking for a man named frantz anthony leon.that was the name he had in america.i do not know if he got deported or not.if anyone can find out for me .i met him in florida in 1986-89.my name was lori thomson back then.please if anyone can help me find out if he is in the prison system i would love the help.then maybe i could have letters written to try for his release.email me at abanazina@yahoo.com if anyone can help me.i do not have the money to go to haiti myself .thanks

  • http://www.linkedin.com/in/matthewproman John Proman

    I am very curious of what could something like this lead to. Are there any other ways to win this debate? Or is there something wrong with the law in Haiti?

  • Lisa

    MacKay said Canada has armed soldiers guarding the embassy and relief supplies, adding that security is necessary as "a growing sense of desperation" sets in among survivors in the earthquake zone.

    A Foreign Affairs statement said the missing number comes from the emergency operations centre being contacted by concerned families who were unable to contact their loved ones in Haiti.

    Lisa Author @ Woodworking PlansWoodworking ProjectsStorage Shed PlansShed Plans

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