buildings. A proposal that accused persons should be placed 'in
separate quarters' was considered to raise practical problems; if
adopted, States parties might be obliged to construct new prisons."
Further, the Government of Canada does not consider that casual
contact with convicted prisoners employed in the carrying out of
menial duties in a correction centre results in a breach of the segrega
tion provisions of the Covenant.
travention of the rules established for the correctional centre by the
director contained in correspondence, and where this is done the
director shall
"(a) Advise the inmate,
"(6) In so far as the money or object is not held as evidence for
the prosecution of an offence against an enactment of the province
or of Canada, place the money or object in safe-keeping and give it
to the inmate on his release from the correctional centre, and
29. Mr. Pinkney claims that the contacts resulting
from such employment of convicted prisoners were by
no means "casual" but were "physical and regular"
since they did in fact bring unconvicted and convicted
prisoners together in physical proximity on a regular
basis.
30. The Committee is of the opinion that the re
quirement of article 10 (2) (a) of the Covenant that "ac
cused persons shall, save in exceptional circumstances,
be segregated from convicted persons" means that they
shall be kept in separate quarters (but not necessarily in
separate buildings). The Committee would not regard
the arrangements described by the State party whereby
convicted persons work as food servers and cleaners in
the remand area of the prison as being incompatible
with article 10 (2) (a), provided that contacts between
the two classes of prisoners are kept strictly to a
minimum necessary for the performance of those tasks.
31. Mr. Pinkney also complains that while detained
at the Lower Mainland Regional Correction Centre he
was prevented from communicating with outside of
ficials and was thereby subjected to arbitrary or
unlawful interference with his correspondence contrary
to article 17 (1) of the Covenant. In its submission of
22 July 1981 the State party gives the following explana
tion of the practice with regard to the control of
prisoners' correspondence at the Correction Centre:
Mr. Pinkney, as a person awaiting trial, was entitled under section
1.21 ((/) of the Gaol Rules and Regulations, 1961, British Columbia
Regulations 7 3 / 6 1 , in force at the time of his detention to the "provi
sion of writing material for communicating by letter with (his) friends
or for conducting correspondence or preparing notes in connexion
with (his) defence". The Government of Canada does not deny that
letters sent by Mr. Pinkney were subject to control and could even be
censored. Section 2.40 (6) of the Gaol Rules and Regulations, 1961 is
clear on that point:
"(c) Carry out his duties under this section in a manner that, in
so far as is reasonable, respects the privacy of the inmate and person
corresponding with the inmate.
"(4) An inmate may receive books or periodicals sent to him
directly from the publisher.
"(5)
fit."
Every inmate may send as many letters per week as he sees
32. Although these rules were only enacted subse
quent to Mr. Pinkney's departure from the Lower
Mainland Regional Correction Centre, in practice they
were being applied when he was detained in that institu
tion. This means that privileged correspondence, de
fined in section 1 of the regulations as meaning "cor
respondence addressed by an inmate to a Member of
Parliament, Members of the Legislative Assembly, bar
rister or sohcitor, commissioner of corrections, regional
director of corrections, chaplain, or the director of in
spection and standards", were not examined or subject
to any control or censorship. As for non-privileged cor
respondence, it was only subject to censorship if it con
tained matter that threatened the management, opera
tion, discipline, or security of the correctional centre. At
the time when Mr. Pinkney was detained therein, the
procedure governing prisoners' correspondence did not
allow for a general restriction on the right to com
municate with government officials. Mr. Pinkney was
not denied this right. To seek to restrict his communica
tion with various government officials whüe at the same
time allowing his access to his lawyers would seem a
futile gesture since through his lawyers, he could put his
case to the various government officials whom he was
allegedly prevented from contacting.
33. In his letter of 27 August 1981 Mr. Pinkney
comments as fohows on these submissions of the State
party:
"2.40 (6) Every letter to or from a prisoner shall (except as
hereinafter provided in these regulations in the case of certain com
munications to or from a legal adviser) be read by the Warden or by
a responsible officer deputed by him for the purpose, and it is
within the discretion of the Warden to stop or censor any letter, or
any part of a letter, on the ground that its contents are objec
tionable or that the letter is of excessive length."
Further, on page 5 of the Government of Canada's submission, it is
alleged by the Government that my mail was not tampered with at
Oakalla, when in point of fact, not only was my mail interfered with
by prison authorities in the normal sense of the requirements affecting
all prisoners, but in point of fact, as the Government well knows, in
some instances my mail to members of Government (whose mail
should indeed have been privileged mail) never even got to these
people, for it never even left the prison, once 1 mailed it. T o imply, as
does the Government, that such actions would be "futile" for prison
authorities to engage in, due to my having access to my lawyer at cer
tain very definite times, is absolute nonsense.
Section 42 of the Correctional Centre Rules and Regulations,
British Columbia Regulation 2 8 4 / 7 8 , which came into force on 6 July
1978 provides that:
"42 (1) A director or a person authorized by the director may
examine all correspondence other than privileged correspondence
between an inmate and another person where he is of the opinion
that the correspondence may threaten the management, operation,
discipline or security of the correctional centre.
34. No specific evidence has been submitted by
Mr. Pinkney to establish that his correspondence was
subjected to control or censorship which was not in ac
cordance with the practice described by the State party.
However, article 17 of the Covenant provides not only
that "No one shah be subjected to arbitrary or unlawful
interference with his correspondence" but also that
"Everyone has the right to the protection of the law
against such interference". At the time when
"(2) Where in the opinion of the director, or a person author
ized by the director, correspondence contains matter that threatens
the management, operation, discipline or security of the correc
tional centre, the director or person authorized by the director may
censor that matter.
"(3) The director may withhold money, or drugs, weapons, or
any other object which may threaten the management, operation,
discipline, or security of a correctional centre, or an object in con
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