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News Release

Communiqué

FOR IMMEDIATE RELEASE

Ottawa, April 5, 2004 - A proposal to eliminate exposure to second-hand smoke with the introduction of an indoor smoking ban will be the focus of consultations announced today by the Correctional Service of Canada (CSC). Over the spring, consultations will be held with unions, staff, Citizens' Advisory Committees, the Service's key partners and stakeholders and offenders. It is expected that a final decision on implementation will be made by the fall of 2004.

"CSC seeks to provide a healthier environment for those living and working in the correctional system, as well as members of the public. As a result of growing evidence of the negative health effects of exposure to second-hand smoke, we want to explore measures to eliminate it," said Lucie McClung, Commissioner of the Correctional Service of Canada. "The situation in federal penitentiaries and federal community correctional centres is unique, and the extent to which we will proceed with a smoke-free environment will be determined only after appropriate consultations have been conducted and plans are in place to address legitimate concerns."

The consultations will focus on addressing a number of issues, including the need to maintain institutional stability and the provision of cessation aids. The Service will also ensure that Aboriginal offenders maintain access to tobacco products for their religious ceremonies.

CSC already encourages institutions and halfway houses to move towards smoke-free environments and several have implemented them, including: William Head Institution, Ferndale Institution, Kwìkwèxwelhp Healing Lodge, Grierson Centre, Willow Cree Healing Lodge, Frontenac Institution, Beaver Creek Institution and Fraser Valley Institution for Women.

A copy of the proposal is attached. Consultations will be held until June 4, 2004.

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For further information, please contact:

Christa McGregor
Media Relations Officer
Communications and consultation
Correctional Service of Canada
(613) 947-4815

BACKGROUNDER
PROPOSAL TO ELIMINATE EXPOSURE TO SECOND-HAND SMOKE IN CSC FACILITIES

INTRODUCTION

Second-hand smoke is a scientifically proven and universally recognized health hazard and standards relating to exposure to second-hand smoke in enclosed public and indoor workplaces are changing. To an increasing degree, smoking is no longer permitted in public places.

Ontario, Saskatchewan, Nova Scotia, British Columbia and Manitoba have also introduced a ban on smoking in provincial correctional facilities. New Brunswick and Newfoundland & Labrador have announced that they will have a smoking ban in place this spring.

To add to these recent developments, on July 15, 2003, Canada signed the Framework Convention on Tobacco Control (FCTC), an international agreement which commits governments to find further ways to reduce second-hand smoke in public places. Canada is expected to ratify the FCTC in May 2004.

To enrich the health and wellness of each operational unit within the Correctional Service of Canada and to provide a healthy working and living environment, CSC is proposing to eliminate exposure to second-hand smoke in its facilities and institutions.

PROPOSAL

Currently, CSC policy prohibits smoking by staff and offenders in the administrative areas, gymnasiums, dining rooms, kitchens and health areas of institutions.

As a result of growing evidence of the negative health effects of exposure to second-hand smoke, CSC is proceeding with measures to further reduce it. Specifically, CSC is proposing to introduce a smoking ban inside the buildings of federal penitentiaries. The ban would apply to staff, inmates and anyone who is granted access to CSC facilities, including contractors, volunteers and the public.

The situation in federal penitentiaries is unique and the proposal will be implemented only after appropriate consultations have been conducted and plans are in place to address concerns raised during the consultations.

PROPOSED TIMELINES

A final decision surrounding possible implementation of a ban is expected to be made by the fall of 2004. Given the unique situation in federal penitentiaries, the proposed ban will be implemented only after plans are in place to address legitimate concerns raised during the consultations.

OBJECTIVE OF THE CONSULTATIONS

To obtain feedback on the proposal and the questions raised in this document.

PROPOSED CESSATION ASSISTANCE FOR INMATES

The proposal does not prohibit smoking outside CSC buildings. However, for those inmates who wish to stop smoking, CSC is proposing to cover the costs of one-month of a treatment period. Treatments are generally about three months long. Cessation aids that CSC is proposing to cover would include:

1. Nicorette Gum (Clients are recommended to use Nicorettes for three months) Cost estimate: $31.79 per box (4mg) for 105 pieces. Each box can last up to two weeks.
2. Nicorette Patches (It could take up to 10 weeks for the complete cycle as clients decrease the patch dosage from 21mg to 14mg to 7mg to discontinue) Cost estimate: $247.40 for 10 weeks.
3. Zyban (Clients are on the medication for 7-12 weeks) Cost estimate: 12 weeks of Zyban is $135.

In addition to these, educational information, pamphlets and posters would be circulated throughout institutions, CCCs and CRCs.

CSC's approach will be consistent with that of the provinces which have gone smoke-free (see attached table for programs proposed/implemented by the provinces).

CESSATION ASSISTANCE FOR STAFF

For staff, the Public Service Health Care Plan (PSHCP) already covers smoking cessation aids.

Smoking cessation aids, known as nicotine replacement therapy products, are a covered expense under the drug provision of the PSHCP. The Plan will reimburse up to $1,000 maximum lifetime expense per participant, if they are prescribed by a physician or dentist and are dispensed by a pharmacist.

Specifically, the Plan covers:

• the oral prescription drug Zyban
• nicotine patches, pads and inhalers such as Habitrol, Nicoderm, Nicotrol, Transdermal and Prostep, and Nicorette and Nicorette Plus Gum.

Staff will have access to a number of organizations including: the Canadian Cancer Society, Health Canada, the Canadian Lung Association, and the Heart and Stroke Foundation which make available for those wanting to quit various posters and reading material. Additional information is available through toll-free smokers' helplines/quitlines and Health Canada's free e-Quit Programs. The costs of any additional counselling services or smoking cessation programs are not covered by the PSHCP and would have to be incurred by the employee requesting such treatment.

KEY ISSUES TO CONSIDER

1. Aboriginal Spiritual Ceremonies

Particular consideration must be given to Aboriginal offenders. Section 2(a) of the Canadian Charter of Rights and Freedoms guarantees the right to freedom of religion and offenders are entitled to have access to the necessities related to their religion. Section 83 of the Corrections and Conditional Release Act explicitly recognizes that Aboriginal spirituality and spiritual leaders have the same status as other religions. Section 101 of the Corrections and Conditional Release Regulations states that offenders are entitled to have access to the necessities related to their religion.

2. Maintaining institution stability

Smoking is a form of addiction, and having a smoking ban indoors may lead to increased anxiety, which could pose security concerns. Additional security measures should be anticipated and options should be considered to ensure the health and safety of offenders, staff and the public.

KEY QUESTIONS TO ADDRESS

On scope of proposal

1. Do you support a total smoking ban inside the buildings of federal penitentiaries for staff, offenders, contractors, volunteers and the public? Why or why not?
2. How should the proposed smoking ban indoors for staff and inmates apply to those in maximum security, suicide watch, Special Handling Units (SHUs) and protective custody?
3. How should the proposed smoking ban indoors for staff and offenders apply to Regional Psychiatric Centres and treatment and health centres?

On cessation assistance

1. Should inmates be provided with smoking cessation programs?
2. Should cessation aids be provided free of charge to inmates?
3. How long should inmates be provided with the opportunity to obtain free of charge nicotine replacement products after a potential ban is in place? (ie. Nicorette gum, Nicorette patches & Zyban)

Specific to Aboriginal groups and Elders

1. What guidelines/directives should be established for the ceremonial use of tobacco?

Specific to Halfway House administrators

1. Should the proposed smoking ban indoors for staff and offenders apply to Community Residential Centres (CRCs) that are under contract to CSC?

TO SUBMIT COMMENTS

Please feel free to indicate as much detail as you would like and to identify and answer other, related questions or issues. We ask that your comments be submitted in a format that clearly shows the consultation question to which the submission relates.

The Correctional Service of Canada should receive all responses by June 4, 2004. The Service will then process the responses obtained in the course of the public consultation. Comments may be provided by email at FraserCH@csc-scc.gc.ca. Comments may also be provided by mail to:

Cheryl Fraser
Assistant Commissioner
Policy, Planning and Coordination
Correctional Service of Canada
340 Laurier Avenue West (2A-11)
Ottawa, Ontario
K1A 0P9

Should you require additional information, please contact Louis Brunet, Director, Operational Planning at (613) 992-8386.

Provincial Situation

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