THE UNIVERSITY OF BRITISH COLUMBIA

School of Population and Public Health

157-2206 East Mall
Vancouver, B.C. Canada, V6T 1Z3
Tel: 604 822 2496
Email: ruth.martin@ubc.ca

August 19, 2015

The Honourable Suzanne Anton

Attorney General and Minister of Justice
PO BOX 9044 Stn. Prov. Govt.
Victoria, BC, V8W 9E2

August 19, 2015

Dear Minister,

The purpose of this letter is to request that the BC Ministry of Justice endorse the
Guidelines for the Implementation of Mother-Child Units in Canadian Correctional
Facilities: the document is attached to the covering email and hard copies will be
mailed to the Ministry offices in Victoria, BC.

Representatives of 40 organizations, including six delegates from the BC Corrections
Branch (Adult Custody) gathered to develop culturally safe best practice guidelines,
following the December, 2013, Supreme Court of British Columbia ruling in the case
of Inglis v. British Columbia (Ministry of Public Safety) 2013 BCSC 2309. The Court
ruled that the decision to cancel the Mother Baby Program was arbitrary, overbroad
and grossly disproportionate and therefore contrary to the principles of fundamental
justice. Judge Ross also noted that the closure of this unit infringed the constitutional
rights of mothers and babies

The development of this internationally unique document was collaborative during
two days of working meetings at the University of British Columbia, at the
Collaborating Centre for Prison Health and Education, and was followed by multiple
rounds for editing and input by all meeting delegates. A copy of the Guidelines has
been shared with the United Nations Office on Drugs and Crime with great
enthusiasm and potential for future development with the UN. The Guidelines
describe the administrative principles, and includes internationally sourced best
practices for Mother Baby Units (MBUs). These are basic principles of care that are
required for optimal child and maternal health specifically developed for the
correctional context, during pregnancy, birth, and the first two years of life. One
section concerns maternal education, and correctional and medical care. Discharge
planning and community partner engagement is also considered. The Guidelines
describe the collaborative interdisciplinary, inter-agency approach that is essential to
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promote stability and continuity for mother-child health and bonding to build strong
parental relationships in and beyond the correctional facility.
The office of the Assistant Deputy Minister of Justice, and the legal department of
your Ministry, reviewed the initial draft Guidelines; their suggested edits were
incorporated into the final version, which as noted accompanies this letter. We
understand that the Ministry of Health, and the Ministry of Children and Family
Development, are reluctant to endorse the Guidelines believing the BC Ministry of
Justice should lead and be the first to do so. For your interest, we have also included
the names of organizations that have endorsed the Guidelines (as of August, 2015) at
the foot of this letter.
The Guidelines are consistent with the Families First BC policy of the BC
Government, retrieved from: (https://www.familiesfirstbc.ca/learn-about-families-
first/supporting-vulnerable-families), which state that, the earlier interventions are
made to support vulnerable children, the better their chances of maturing into
successful citizens that can help our province thrive. Throughout the world,
incarcerated women tend to be young and of childbearing age, often lacking financial
resources and poorly educated, and therefore babies born to incarcerated women
must be specifically included within the Families First of BC policy. We understand
that the duty to protect and care for B.C.'s most vulnerable citizens is one that the BC
government takes very seriously. In addition, we know that this government is
committed to reducing the number of children in care in our province, and to shifting
practices to ensure better outcomes for vulnerable children, youth and families. We
also understand that as part of the BC Government's commitment to collaboration,
more families are being involved in family group conferencing, family case planning
conferences, family development responses and mediation to address child welfare
issues. With the reinstatement of the Mother-Child Unit at Alouette Correctional
Centre for Women (ACCW), we anticipate that the standard of care for the BC Mother-
Child Unit aligns with the Guidelines; therefore, BC Governments endorsement of the
Guidelines would demonstrate transparency to the public that BC Governments
policies align with pan-Canadian Guidelines and with collaborative best practices for
maternal child care.
Two babies recently born to Indigenous women incarcerated at ACCW, were
apprehended by the Ministry of Children and Family and separated from their
mothers within hours of their birth at Maple Ridge Hospital. A high proportion of
mothers incarcerated are Indigenous, considering the legacy of intergenerational
trauma and colonialism. The Guidelines were not endorsed and therefore were not
available to support and advise the social workers (and, the correctional and health
workers) working with these babies and their mothers. Tragically, these babies have
irrevocably lost the opportunity to breastfeed and to establish vital maternal-infant
bonding, which research has demonstrated benefits infant development and
adulthood health, and reduces recidivism for their mothers.

We urge you to endorse the Guidelines and, with that, to encourage the Ministry of
Health and the Ministry of Children and Families (MCFD) to endorse them also.
Dedicated on-the-ground workers in Health, MCFD and Justice, who work with
incarcerated women in BC, will therefore be supported by their respective ministries
regarding the Guidelines. This will foster inter-ministerial and inter-agency
collaborative culturally safe practices for best possible health outcomes for
incarcerated women in BC and their infants. In addition, this will demonstrate,
nationally and internationally, BC Governments leadership in the area of
commitment to caring for women in custody and their children.

We would also like to take this opportunity to invite you to speak at the official launch
of the Guidelines for the Implementation of Mother-Child Units in Canadian Correctional
Facilities planned for September 10th, 2015, 5-7pm, at The Post at 750, 110-750
Hamilton St, Vancouver. This public event will provide an opportunity for you to
speak to the audience, and to the media who have been following this case, about the
Families First BC agenda and the ways that BC is leading Canada in Helping
Vulnerable Children Get a Good Start.

We look forward to hearing from you soon,
Yours sincerely,

Ruth Elwood Martin, MD, FCFP, MPH

and, the Guidelines Planning Committee members:
Brenda Tole, BA, Retired warden of ACCW
Jessica Danforth, Canadian Aboriginal AIDS Network
Alison Granger-Brown, PhD, Fraser Valley Institute
Mo Korchinski, BSW. Women in2 Healing

cc Premier Christy Clark



Organizations that have endorsed the Guidelines (as of August, 2015):
Aboriginal Mother Centre Society, Board of Directors
British Columbia Civil Liberties Association
British Columbia Womens Hospital
Bonding Through Bars
Canada FASD Research Network
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Canadian Friends Service Committee (Quakers)

Center for Children and Families, Columbia University, New York
College of Family Physicians of Canada
College of Midwives of British Columbia
Elizabeth Fry Society, Greater Vancouver
Family Help Trust, New Zealand
First Nations Health Authority
Fraser Health Authority
Native Youth Sexual Health Network
New Zealand Department of Corrections
Nicola Valley Institute of Technology
Society of Obstetricians and Gynaecologists of Canada
University of the Fraser Valley, College of Arts, Dean and Faculty
University of the Fraser Valley, Centre for Public Safety and Criminal Justice
Research
University of the Fraser Valley, Centre for Safe Schools and Communities
Vancouver Coastal Health Authority
Westcoast Family Centres Society
Women in2 Healing