Inmates Charged with First-Degree Murder
Date: June 15, 2020
Classification: Unclassified
Branch/Agency: CSC
Issue: The RCMP have charged James Lee Busch and Zachary Armitage with one count each of first-degree murder in the July 2019 death of Martin Payne, a resident of Metchosin, British Columbia. The inmates charged had escaped from CSC custody prior to this tragic crime.
Proposed Response:
- The Correctional Service of Canada extends its deepest sympathies to Mr. Payne’s family and friends as we learn of the new developments surrounding this case and recognizes the impact this has had on the community.
- Following the escapes last July, the Correctional Service of Canada launched a Board of Investigation to understand the circumstances that led to the escapes. The investigation has led to a close examination of our practices and policies in how we prevent and respond to escapes, and how inmates are classified at the minimum-security level.
- The Board of Investigation’s work is in its final stages. A case summary is publicly available.
- In the meantime, the Service initiated a review of all inmates who were classified as minimum-security and took appropriate action, where required;
- revised its policies to strengthen the assessment process and decision-making involving minimum-security inmates; and
- worked to improve our communications practices and policies to make communities promptly aware of escapes.
- The Correctional Service of Canada will continue to work diligently to ensure that its policies and practices are evidence-based and are responsive to an evolving environment.
Background
On Sunday July 7, 2019, at approximately 2320, Correctional Officers discovered that two federally sentenced inmates, Zachary Armitage and James Lee Busch, were missing from their assigned rooms at William Head Institution (WHI), a minimum-security institution located in British Columbia. An emergency search of the institution was initiated at 2321 and the West Shore Royal Canadian Mounted Police (RCMP) was notified on Monday July 8, 2019 at 0115. Moreover, community contact for notification, the Metchosin Fire Chief, was notified at 0206.
On Tuesday July 9, 2019, at 2030, both inmates were arrested and taken into custody by the RCMP in Esquimalt, British Columbia and charged with escape lawful custody. They were then transferred back into federal custody, reclassified and penitentiary placed in separate medium-security institutions. Subsequently, both inmates were charged in relation to the escape. One has since been convicted and the sentencing for the other remains outstanding.
On June 13, 2020, arrests were made in connection with the homicide charges. The inmate remain in federal custody and await court proceedings.
Minimum Security Case Reviews
In response to potential concerns regarding the case history and placement of these two inmates, CSC immediately initiated case reviews of all inmates housed in minimum-security. In addition, a broad policy review was undertaken to examine the responsibilities and procedures related to the security classification and management of minimum-security inmates.
Based on its policy review, CSC identified key policy changes to strengthen the security classification and decision-making process involving minimum-security inmates, including: reassessment requirements following readmission to federal custody, an additional requirement for psychological risk assessments, and elevated approval for security reclassification decision.
Board of Investigation
On July 29, 2019, CSC also convened a Board of Investigation (BOI) into the escape incident. The BOI was comprised of subject matter experts from CSC as well as a member of the community. The BOI made recommendations, which can be grouped into three main areas:
Security Classification Review Process
The revised policy changes include: strengthening the process for reassessing risk following readmission to federal custody; mandatory psychological risk assessment for specific inmates before they are assigned a minimum security reclassification; and, higher decision making authority at the regional level for the reclassification minimum security of specific inmates. These policy changes are reflected in our Commissioner's Directives, which are available on the Correctional Service of Canada website.
Moreover, WHI has established a standardized process for reviewing offender risk-related information and documenting and sharing subsequent assessments and decisions in a timely manner. The process outlines an accountability framework for conducting, documenting and communicating reviews and decisions whenever risk-related information is received that might impact the assessment of an inmate's manageability in a minimum-security setting.
Communication
CSC conducted a full review of its national policy on media relations to ensure our communications activities are timely, transparent and responsive. While this policy is being finalized, CSC has put in place a process to ensure timely public notification following escapes. This includes an emergency communications protocol with individuals on call 24/7 to respond to incidents. As soon as an escape is confirmed, CSC follows a two-tiered approach to get information out quickly, using both social media and by issuing a news release to media.
WHI has also updated its notification procedures for escapes within their Contingency Plan following consultation with community stakeholders. The enhanced notification procedures include more timely and comprehensive notification to police, community partners and media.
Security Operations
WHI has added an additional formal count to its scheduled daily inmate counts and has revised the time at which inmates must return to their housing units at the end of the day. The changes occurred following consultation within the organization and with outside stakeholders.
Security classification
When entering the federal correctional system, inmates are assessed and placed in the most appropriate institution and security level that will contribute to their timely preparation for safe reintegration. This takes into account the degree and type of custody and control required to ensure the safety of the public, the offender, victims, other persons in the institutions, and the security of the institution. Under the Corrections and Conditional Release Act, CSC is required to assign a security classification of maximum, medium, or minimum to each offender admitted to its institutions.
Many factors go into security classifications. Security classification reviews can be undertaken at any time during an offender’s sentence, including when new charges are laid against them. Because inmates require different degrees of control, CSC operates institutions at three levels of security: maximum, medium and minimum. Institutional adjustment, escape risk and public safety ratings are considered in all placement decisions as part of the security classification procedure.
Security Operations at William Head Institution
WHI has added an additional formal count to its scheduled daily inmate counts and has revised the time at which inmates must return to their housing units at the end of the day. The changes occurred following consultation within the organization and with outside stakeholders.
Contacts:
Prepared by: Stephan Dietz, Officer, Parliamentary Relations, 613-355-1224
Approved by: Kirstan Gagnon, Assistant Commissioner, Communications and Engagement, 613-995-6867
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