Law Times

PAGE 8 FOCUS ON Real Estate Law What will become of Kingston Penitentiary? Heritage status means limited options for sale as other uses BY KENNETH JACKSON For Law Times KINGSTON, Ont. — When the Kingston Penitentiary closes in the next couple of years, it will mark the final chapter on its role in the Canadian justice system. The maximum-security emblematic of how Canada's legal, jus- prison is tice, and correctional systems have evolved over the last two centuries, says Christian Leuprecht, associate professor of politi- cal science at the Royal Military College of Canada and Queen' Kingston. The facility has been there as the coun- s University in try' in the closure. "This is a building s legal system took shape. Leuprecht thinks that' Confederation," says Leuprecht. "There's a s the real tragedy that predates lot to be learned from how we treated pris- oners from before we had any sort of psy- chological assessments and from moving from a justice and punitive-based system to a correctional-type system." On April 19, the federal government The Kingston Penitentiary is worth an estimated $17.6 million, but could a buyer actually do anything with it? Photo: Kenneth Jackson the officer, who asked to remain anony- mous. "Finding out through the media really pissed us off. announced it would close the 177-year-old prison along with the regional treatment centre that houses mentally ill inmates on the same grounds. The iconic prison houses some of Canada's most violent criminals, includ- ing sex killers Paul Bernardo and Russell Williams. At one time, the late Clifford Olson also was there. The government, which is also closing a prison in Laval, Que., said the moves would save millions. To make up the room needed to house the prisoners, renovations are currently underway in order to expand the facilities at the Collins Bay, Pittsburgh, Bath, and Frontenac institutions in Kingston. The renovations will provide an addi- tional 480 beds. The government is phas- ing in the closures. A correctional officer who works at the Kingston facility says the announcement caught staff off guard, particularly since they had to learn about it from the media. of the Kingston Penitentiary. Its value is an estimated $17.6 million. Will it become a museum as the The next question involves the future " Alcatraz of the north? Can it become condos? That always Lake Ontario and next to a yacht club, it's s because it's a heritage building. somewhat of an albatross. "That means a whole number of things you can't do to the actual building," he says, seems to be a solution with old buildings like that. Even though it' s right on the shore of not going to be easy to sell, says Leuprecht. That' The historical distinction makes it noting the walls can be torn down but the facade must remain untouched. "It would require a very creative archi- tect if you wanted to commercialize the space for, who knows, say lofts, law offices or apartments. You would need a very, very creative architect who on the one hand could preserve the facade and on the other hand reconfigure the layout on the inside in such a way that a developer "It wasn't right how we learned," says could actually make money on develop- ing the building. has any commercial value. "The province or the city (could) say, 'Hey, we'll take it off your hands for a buck,' which is what they did with the prison for women when Queen' government's hands for $1," he says. also a stretch. "This willing to take it off their hands." As for it becoming a museum, that' Leuprecht, who notes the facility isn't going to attract millions of people each year. For criminal lawyer Daniel Brown, is not San Francisco," Kingston Penitentiary represents an early chapter of his own life in law. Brown attended law school at Queen' and was part of the correctional law proj- ect that helped convicts at the prison. "Our job was to actually go in there and s represent inmates on minor administra- tive hearings, parole, and other things," says Brown of his last year at Queen' eight years ago. He notes it was an intimidating s Park took it off the "They may just sell it to anyone who is s says Leuprecht doesn't believe the building " a bit of the Shawshank Redemption pris- on," said Brown, referring to the popular 1994 movie. "I remember walking . . . to the interview rooms and on either side of me, five feet to my right and five feet to my left, were these really large, mus- cular men who weren't all that impressed I was there in a suit carrying a briefcase. Like a true defence lawyer, Brown got " over that quickly and could see there were people who needed help. "Normally, you don't have that connec- tion to your lawyer anymore. The lawyer, for the most part, was only retained to assist you until you got to that stage. A lot of them didn't have anyone on the outside really to help them with any of the legal issues that came up in the jail. with minor infractions such as possession of a shank or other types of contraband and making alcohol in their cells. " Brown represented inmates charged " parole hearings where they really didn't have anyone to assist them in expressing how they were rehabilitated and why they should be released, A lot of it was the important stuff like on was closing, he wondered how the government would move all of the sex offenders. Kingston Penitentiary has a reputation as the place where sex offend- ers go mainly because they can't survive in other prisons. The inmate code is such that sex offenders and child killers won't survive in the general population. "It really has become a home for these different types of men," says Brown. The union representing the correction- s about experience walking through the prison doors for the first time. "It reminded me al officers is putting up a fight to keep both the Kingston penitentiary and the regional treatment centre open. It has been orga- nizing rallies trying to drum up support. Corrections officers echo what Brown says when it comes to transferring prisoners to other institutions. It appears to be a long shot for the prison to remain open, but as Leuprecht points out, says the government could decide to See No, page 12 things could change. He When Brown first heard the pris- " he says. June 11, 2012 • Law Times Untitled-5 1 www.lawtimesnews.com 12-06-06 12:12 PM

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