News
September 5, 2005
H.A.W.C. – Help Absolve Wrongful Conviction
Inmate Kevin MacKinnon
Dehydration strike/protest
FOR IMMEDIATE RELEASE
Out of deep concern for his failing health and continued life, a number of Kevin MacKinnon’s conviction appeal and case support people in the community got together and agreed to intervene to end his dehydration & hunger protest; in that he will likely lose those peoples help if he continues.
Clearly correctional authorities have unfairly decided to dig their heels in to refuse to admit errors and continue to whitewash their improprieties in Kevin MacKinnon’s case.
It is strongly agreed the involuntary transfer against Kevin was improper and is detrimental to many facets of his future, his case and other community ties and support and well being. This should be protested, and Kevin will be assured the matters will be brought to court quite soon and fought there now.
It was also clearly recognized that certain Princ Albert prison authorities are acting on personal agenda at key positions, with no attention of providing Kevin his legal and case needs, if they can prevent it. Kevin same condition of confinement as other prisoners across Canada.
Kevin will also be assured these matters will also be addressed formerly and with the assistance of his community support. We await to hear from Kevin this week.
<Not The Way to Be Transferred
July 15, 2005
RE:Kevin MacKinnon
To Whom It May Concern:
I just received a FRANTIC call from Kevin MacKinnon FROM the Saskatchewan Penitentiary to tell me what has happened to him since Wednesday July 13, 2005. This is the situation:
A pretense was made to Kevin that he was being taken from his cell to make a phone call to, instead he was taken to the supervisors’ office upon which time he was told that he was being transferred to Saskatchewan, NOW. One guard commented to kevin that "It might feel more like a kidnapping more than a transfer"
Despite Kevin’s pleas for information, he was “processed” in Swat like fashion by guards who used excessive force. His wrests were pulled back and twisted to their braking point, Kevin was shackled both wrists and ankles, his clothes were actually cut off him and then dressed in prison issue cloths. All the while Kevin did not physically fight back, he only pleaded for information but was not given any.
Kevin felt it was like being raped!
He was physically pushed into the van and they left for Lloydminster where they switched vehicles; upon which time the guards opened the van door, yanked Kevin’s foot chains and pulled him with such force that he landed outside of the van on his back hitting his head. He was then escorted to the other vehicle and physically pushed inside and the door was slammed behind him. Parts of this (kidnapping) transfer was video taped at the Edmonton Institution.As per the INVOLUNTARY TRANSFER, Kevin was told that it was on hold while the Warden waited for a letter of rebuttal from Kevin’s lawyer (Tom Engles).
He is NOW in Saskatchewan Penitentiary where he was interviewed and Kevin proceeded to give them reasons why he shouldn’t be put into general population. Correctional Services of Canada (CSC) are well aware of the DANGER TO KEVIN’s LIFE if kept in general population. Why else would he have been kept in segregation for all these years.
They have now transferred him to a penitentiary that will put him into general population and he is scared for his life; and rightfully so.
The health care at the Saskatchewan Penitentiary did examine Kevin (parts of this was also video taped). One call was made to his lawyer but he was unavailable and a message has to be left with his assistant.
The Saskatchewan Penitentiary guards have threatened to use force but have generally been OK to this point. Kevin is in a cell…waiting! He is scared, stressed, and physically injured. Kevin has already heard the other inmates talking about him; who he is, what is he doing there, sizing him up.
Kevin says the gang problems in Saskatchewan are worse than Edmonton Institution (Max), where he was kept in segregation to keep him from harm.
Kevin feels this involuntary transfer, to an institution known for gangs, is just another way to shut him up so the wrongful conviction won’t embarrass the Kevin has the right to appeal his wrongful conviction without interference from CSC.
It has been an ongoing battle, they have taken his computer, destroyed and taken legal papers from him, and have for years hindered his efforts to legally defend himself.
Please contact Kevin to help him stay visible; maybe this way the CSC will take better care of him (keep him in segregation), keep him alive. He can be contacted at the Saskatchewan Penitentiary by phone 306-765-8000 or by fax 306-765-8073. Ask to speak to the Warden or directly to Kevin.
WE NEED HELP to keep his case open and in clear view of the public. We believe that this is our only mechanism of trying to keep Kevin from falling into the hands of gang members and keeping him alive.
Gangs have taken over prisons in a lot of the Canadian prisons and Saskatchewan is no different. The Saskatchewan Penitentiary has nothing to offer Kevin accept DEATH!!
The last words were I heard from Kevin when he phoned was "Mom help me or I will be killed
SINCERELY ASKING FOR YOUR HELP,
From Kevin’s family,and support group
November 2002:
CSC (Correctional Service Canada) is trying to transfer Kevin to a prison in Quebec.
A transfer like this one is contrary to Canadian law, which put a lot of weight in a prisoner's ties to family and society.
Besides, Kevin is English speaking, and Quebec is French - how is he supposed to survive when he doesn't understand the language? Kevin's family & support group are fighting the transfer.
Right to Appeal, Unlawfully Interfered with by Edmonton Institution.
Edmonton – After a month of persistent efforts by Kevin MacKinnon to defend the Right to Appeal and to Appeal without interference or hindrance; the Edmonton Institution has moved to deprive him of all his legal material.
While the institution admits everyone has the Right to Appeal; it has now eliminated the very material MacKinnon needs, to exercise that Right, from his possession.
After initial placement in 1995, MacKinnon began his sentence at Drumheller institution, where he says he had no interferences with his legal efforts, and that institution respected the Right to Appeal and Rights protecting the associated legal material needed to do so. He says it also did not interfere with his communications or community ties, vital to performing that legal work.
When MacKinnon was transferred to Bowden institution in 1999 due to administrative concerns and to be closer to his daughters and family, he immediately ran into problems and interferences with his protected legal material, there.
Bowden institution first lost a set of his trial transcripts and later actually took and/or destroyed other portions of his legal material. MacKinnon properly used the CSC Redress system to address those unlawful violations and other harassment issues he was made to suffer at the institution. He also contacted several outside offices about this but received no response, or ones which failed to address the issues. The RCMP questionably chose to leave it in the hands of the prison, much like leaving the fox in charge of the henhouse.
It was MacKinnon’s open call of accountability upon the Warden Kassen; Chief Correspondence & Visits, Mr. Everett Olsen; CO II, Mr. Gary Maylon; CCO, Mr. Jensen (who at least admits his involvement to the destruction of a portion of MacKinnon’s legal material, in writing), for their responsibility of various unlawful acts which ultimately led to the institution overriding MacKinnon’s security rating and involuntarily transferring to Edmonton Maximum institution, where he is now.
Immediately upon arriving at Edmonton, on Oct 4th, MacKinnon made it very clear to all staff whom he came in contact with, how important it was he have his legal material and computer to continue his various legal efforts and related work.
His legal works includes institutional grievances, a civil matter, an application to Federal Court regarding Bowden and the transfer. Meeting the demands of various agencies and people helping him; and, of course, with his wrongful conviction appeal work.
To date, no legal material or his computer has been provided to MacKinnon. Instead, Mr. Edmond Howard, (chief of prisoner properties at Edmonton), chose to pressure MacKinnon’s mother. Bringing her to tears with concern and worry by going behind MacKinnon’s back and coercing her with looming threats of its actual destruction.
On November 1st, she rushed up from just north of Calgary to pick up what personal and legal material remained after it had been seized, thoroughly searched and read by the institution.
MacKinnon never provided consent for this. Until a video and inventory is done, it is unclear to what extent there may be missing exhibits, grievances or other legal material. However, it is clear some are already missing.
After she arrived at the institution, it became clear this bums-rush by the institution may well have been due to an investigator scheduled to see MacKinnon the next day, about being kept from his legal material.
By it not being at the facility MacKinnon was knowingly prevented from fairly presenting his case, and the investigator from seeing it. The tactic also took away the opportunity from MacKinnon to defend the institution’s unfounded allegation he had his “relevant” legal material; likewise opening allegations that his mother is responsible for missing items. Which the institution began making before it was actually gone.
Once the property is out of the prison, regulations do not allow for it to be normally returned. Ironically, MacKinnon was told the legal material could be mailed back in by his lawyer. An intolerable cost. Due to not having the money to hire a lawyer for fair representation, MacKinnon has been forced to do the Appeal work and represent himself.
MacKinnon has maintained his innocence of the 1994 Calgary shooting death of Mr. Laine Berube and stressfully wonders why CSC has consistently been interfering with his legal material for the past year and half. Now suffering having it completely removed from his possession against the lawful Right to have it and use it without hindrance.
Defining its legal limits, Mr. G. Rodrigue of Correctional Service Canada (CSC) Regional Headquarters states in a grievance response that “…the roll of CSC is a administer your sentence.” Yet; in MacKinnon’s case it has overstepped its known bounds, and directly interfered with his Appeal work and legal efforts. Thereby preventing him from completing that work and from being able to bring his appeals to the courts.
Man Willing to go Naked for Rights to Appeal Without Interference or Hindrance
Edmonton – The Edmonton Institution has seized protected legal documents and other case material related to the Appeal efforts of the disputed wrongful conviction of Kevin MacKinnon. MacKinnon was convicted of the shooting death of Laine Berube, of Calgary, Oct 6, 1995 while there exists evidence he was not on the same city or at the crime scene.
There has been coverage of his working efforts to appeal his case since that date. Particularity, when he lawfully polled his jury, without counsel; asking the questions a court may have asked if it had poled the jury. A second letter to his jury raised the fact that the verdict in his case was not made unanimous. A legal requirement in Canada, for all cases.
MacKinnon arrived at Edmonton institution from Bowden on Oct 4 along with his legal material, where he immediately advocated the importance of having it as soon as possible. “I will go naked without anything else,” he said, “as long as I have my legal material and computer, and we can work any other concerns about my personal effects later.”
The taking and withholding of his legal material has knowingly caused delays in his appeal efforts, and prevents him from following up on internal CSC complaints he has made against Bowden institution. Where it may be assumed CSC clearly gains an advantage by keeping MacKinnon’s legal material from him, it has also prevented him from making a Federal Court application for review of his involuntary transfer to Edmonton. MacKinnon’s security rating did not meet maximum security, so Bowden over-rode it; ridding itself of MacKinnon’s calls of its accountability.
A number of the problems at Bowden were reported by the Red Deer Advocate on Oct 10 – who have been following the problems and interferences by CSC with Mr. MacKinnon’s Rights to appeal without interference or hindrance; and other harassments.
On October 18, 2000 Mr. Edmond J. Howard (chief of prisoner properties), at Edmonton institution, issued a Memo to Mr. MacKinnon stating “Be advised that effective 2000/10/18 your effects not issued with the exception of the computer and computer related items are hereby seized, as they are non approved.” He also puts forward, in the memo, that all the legal and personal effects he seized will be disposed of – basically, one way or another.
The effects referred to are a meagre amount of personal effects; ie: TV, some clothing, personal addresses, etc. To date no legal material has been given or allowed to Mr. MacKinnon. He is also concerned with any of it being taken or going missing as he has original and irreplaceable evidential items and other information in, with it. MacKinnon has not been allowed to inspect it to see if this has not already happened. Of the meagre amount of personal effects given him, there are already damages and items missing.
Correctional Services of Canada has no business in making any determinations what legal endeavours a person can or cannot pursue. The Constitution and Charter guarantees the Right to Appeal, and without interference or hindrance. Supported by the Supreme Court. Yet, it is clear that the effects of this taking of MacKinnon’s legal material does go against that. It prevents him from doing any legal work on his appeal efforts. A matter he has gone on two hunger strikes in protest of, this year. (75 days in total).
Mr. Howard took it upon himself to seize MacKinnon’s properties, and in an E-mail letter he sent recently to MacKinnon’s mother, he attempts to justify the disposal of the effects by alleging that MacKinnon designated them as “outdated legal papers.”
It is highly questionable that MacKinnon would make this statement, given his long standing and consistent efforts to have and protect these. MacKinnon avidly denounces Mr. Howard’s statement and efforts to deprive him of his legal material & computer. Contacting many government offices protesting what is being done to him, looking for help.
In Howard’s memo, he cites arbitrary reasons and utterly fails to address the unlawful Rights and Legislated Acts protecting the material and MacKinnon’s Rights to have them.
CSC continues to ignore and not respond to this; instead choosing to do an end-run-around on MacKinnon by using other institutional guidelines to argue against his having his legal material. They have also double bunked him so as to make allegations that there is not enough room in the cell for MacKinnon to have his material.
The interferences with MacKinnon’s legal efforts and complaints began at Bowden institution, which included the taking, destruction or withholding of it from him. Edmonton institution has taken this to much more serious levels with such blatant disregard for the laws of Canada by decidedly and actually taking it from him.
Such violations of the material, and protections of the Rights to appeal without interference or hindrance, is every Canadian’s Right and clearly an unlawful act when breached and one which demands immediate attention and correction to. Which Edmonton institution and CSC fail to respond to in accordance with the Duty to Act Fairly.
The Solicitor General’s office (at (316) 991-2891) has not responded to the infringements going on with this case, to date. The Justice Minister’s office also has chosen not to look into this matter, despite MacKinnon’s requests to.
Prisoner Claim Conspiracy
A prisoner who questioned the authority of Bowden Institution was set up by a guard on a drug charge, says his lawyer.
Kevin MacKinnon has ruffled feathers by going on two hunger strikes, alerting the media and complaining to Corrections Canada when he believed guards violated prison rules.
As a result, MacKinnon said guards tried to teach him a lesson by bribing an inmate to plant a marijuana joint in his cell.
Lawyer Sharon Crooks, with Legal Aid in Red Deer, said an internal court ruling on Aug. 16 suggests MacKinnon was correct.
The head of the internal prison court threw out a charge of possession of contraband when another inmate testified a guard had promised him better living conditions if he put the marijuana in MacKinnon’s cell.
The inmate, William Dumont, carried out the deed just before a random inspection of cells, said Crooks.
The head of the internal court, a lawyer who acts as a judge at the hearing, dismissed the charge against Mr. MacKinnon, 33, who is serving time for second-degree murder.
“The independent chairperson was not happy. He believed the evidence was sufficient to throw out the charge,” said Crooks.
She said prison officials considered MacKinnon to be disruptive. In their last move to silence the “squeaky wheel” they transferred him to the maximum-security Edmonton Institution last week from the medium-security Bowden prison.
“Within the correctional system, Bowden is known to do things their own way. They’re not the most forward thinking of the institutions around,” said Crooks, a lawyer for 13 years.
“I believe the institution has a too large area of indiscretion in which they determine what is disruptive and in good order.”
Todd Sloan investigated the case as a lawyer who works as general counsel for the Federal Correctional Investigators Office, a watchdog for Canadian prisons. Confidentiality laws prevent him from talking about his findings.
MacKinnon was thrown into solitary confinement after he and a guard had an argument about the prison mail. He was kept there for a month, until the time he was transferred to Edmonton.
Bowden Institution assistant was Barry Forhan said his information doesn’t agree with statements made by Crooks and MacKinnon. Forhan said he doesn’t know about an inmate admitting he planted the marijuana joint in MacKinnon’s cell.
“I don’t know whether the inmate confessed he placed the joint in his cell. It was the guard’s word against MacKinnon’s.”
Forhan said if there had been any proof the guard bribed the inmate, the guard would have been disciplined.
Inmate Ends Hunger Strike after Computer Returned
Calgary Herald - Newspaper
Calgary – After 42 days without food, a convicted murderer ended his hunger strike at Bowden Institution when personal property he needed for his appeal was returned to him. (Kevin’s comment: Only some – not all.)
Kevin MacKinnon began his starvation protest May 3 at the federal penitentiary near Innisfail after his computer was taken away and trial exhibits, court applications and case strategies were withheld or destroyed.
His computer, containing files pertinent to his case, was returned past week.
“I ended it because there was movement on a number of issues, but there are still a number of things that have to be addressed,” said the 32-year-old, who claims he was wrongfully convicted for the murder of a Calgary man.
MacKinnon said three boxes of documents are still missing.
“It was getting to the point where my body was acting against itself,” he said. “There was the possibility of suffering irreparable harm. I decided to gain strength and continue the fight. I decided to eat again because my cognitive thinking was starting to depreciate, I couldn’t argue my case anymore.” (Kevin’s comment: Slower – not “couldn’t”
MacKinnon consumed nothing but water during his six-week hunger strike and lost 24 (32) pounds, dropping to 158.
Asper penitentiary policy, the prisoner received a daily medical check during his fast. (Kevin’s comment: Did NOT get daily)
A Correctional Services directive on hunger strikes prohibits the forced feeding of an inmate who has the capacity to understand the consequences. (Kevin’s comment: Actually it’s law, not CSC policy.)
Bowden spokeswoman Laurie Miller said this was the first starvation strike she had seen in her 17 years at the jail. (Kevin’s comment: She lies.)”His health is fine, it has been all the way through,” Miller said Wedensday. (Kevin’s comment: Misleading, minimizing)
MacKinnon, jailed for second-degree murder, said he started his starvation protest because he had no other way of drawing attention to his plight.
“How can I defend myself if I can’t have the material I need and be allowed to work on it? With all the interferences that were going on, that’s what drove me to doing the hunger strike,” he said.
MacKinnon was given a life sentence in 1995 with no chance of parole for 10 years. He maintains he was wrongly convicted of fatally shooting his former roommate in January 1994. Testimony indicated they had a falling out over a $1,000 cocaine debt. (Kevin’s comment: Not accurate. Combines 2 things/allegations)
Bowden Hunger Strike Continues
A convicted murderer jailed at an Alberta federal penitentiary is into his second month of a hunger strike, alleging that prison personnel have removed computer files and paper documents necessary for his appeal.
Kevin MacKinnon said that he began his starvation strike May 2 at Bowden Institution, located at Innisfail, south of Red Deer.
Bowden spokesman Laurie Miller confirmed Tuesday that the prisoner has refused food but is drinking water. She added he receives a daily medical check, as per penitentiary policy.
“His health is fine,” she said, “He’s experienced minimal weight loss so far.”
Miller said this is the first starvation strike she has seen in her 17 years at the institution.
MacKinnon, in a letter to the media, wrote that he brought his concerns to the attention of the warden, the correctional investigator’s office, the Solicitor General and the RCMP, but “without concrete results.”
The 32-year-old claims a staff member deleted legal data from his computer.
He adds the institution has withheld or destroyed his trial exhibits, court applications and case strategies. Further, MacKinnon alleges he was refused reimbursement for $3,922 worth of the trial transcripts that went missing, on the grounds they never existed, despite having a receipt from the Court Reporter’s office.
“Since my arrival (in August 1999) at this institution, the administration has consistently and overtly attempted to frustrate my efforts to mount as appeal of the wrongful conviction for which I am incarcerated, and its treatment of me is punitive and repressive,” he wrote.
MacKinnon said he launched his hunger strike after his computer was taken away May 3.
Miller told the Herald that penitentiary personnel could not comment on MacKinnon’s accusations without the prisoner signing a disclosure agreement, which she said he hasn’t done.
A correctional Service directive on hunger strikes prohibits the forced feeding of an inmate who has the capacity to understand the consequences of fasting.
In 1995, MacKinnon was given a life sentence with no chance of parole for 10 years for second-degree murder.
He was convicted of fatally shooting his former roommate in January 1994 after a falling out over a $1,000 cocaine debt.
The murder took place in Calgary.
At the time, MacKinnon lived in Crossfield, 40 kilometres north of the city.
Bowden Institution
Two prisoners at Bowden Institution are starving themselves to protest alleged mistreatment.
Kevin MacKinnon and Jean Richer, both serving time for murder, are staging hunger strikes because they claim prison staff are harassing them by seizing property and making false accusations.
MacKinnon said he’s lost 14 pounds in 28 days of consuming only water.
Richer said he’s lost at least nine pounds since he began his water-only fast 16 days ago.
Richer is the same prisoner who stopped eating in 1998 because he was locked in his cell as punishment for sleeping in.
This time, Richer has several complaints including threats of violence by two correctional officers on Jan 9.
He said the threats were made after he asked an officer to turn off a football game the officer was watching on TV. By watching TV, the officer was jeopardizing the security of the institution, said Richer, 32.
Richer and MacKinnon both allege their property was seized unlawfully.
MacKinnon said his computer, containing information vital to his appeal of his murder conviction, was taken and never returned.
He was told he didn’t own the computer even though Corrections Canada later confirmed he did, according to MacKinnon, adding his computer raised no questions at the Drumheller prison where he was locked up until Aug 13.
“The timing of this aggressive seizure of case information and material seems to coincide with an escalating campaign against my legal struggles.”
Some of the legal materials was returned after it was read, but other material including trial transcript records and police surveillance tapes were not.
MacKinnon also accuses staff of putting his name on a positive drug test belonging to another prisoner.
“While defending myself and my visitors, we were called liars, drug traffickers and worse.”
MacKinnon said an internal prison court cleared him of charges but he still faced penalties including not being allowed visits.
Prison spokes woman Laurie Miller said if there was serious doubt about the accuracy of a drug test, the prisoner would not face penalties.
She said prison can impose sanctions if there is a risk of drug use.
Miller said the complaints are being investigated.
“We have to respond to his concerns at various levels in the grievance process.”
Miller said she couldn’t discuss specific details of the complaints because of confidentially laws.