Lawyer hopes for change as child and youth advocate investigates issues at Whitbourne youth detention centre

After CBC News reported on crumbling infrastructure and capacity issues at the Newfoundland and Labrador Youth Centre in Whitbourne, the province's child and youth advocate launched an investigation.

But one lawyer says the problems have been known for years, and should've been addressed much sooner. 

Kelsie Lockyer represents survivors of institutional abuse, and works with people who lived and are living in the youth detention centre. 

"The materials show a shocking lack of care for youth within our criminal system, and a shocking lack of understanding of the factors that will further cause harm, rather than allowing for rehabilitation to happen," said Lockyer of documents obtained by CBC News through access-to-information legislation. 

Lockyer says she and other members of her firm frequently speak with people who are or have lived in the youth centre. She said they often get cold calls from people looking to report abuse or look for help, and recently spoke to a youth who had requested a camera be placed in his cell while living in the centre.

"You have a youth here who is already out in a system where they have very little privacy … and they're willing to give up the tiny shred of privacy they have because they think it might protect them," said Lockyer.

"That's how terrified youth are of abuses that are happening within our system currently in the year 2025."

Lockyer was unable to say if that youth is a past or current resident. She said a lot of people only feel confident enough to talk about the abuse they experienced after leaving the centre.

A spokesperson from the Office of the Child and Youth Advocate, Wilma MacInnis, told CBC News in a statement that Karen Gray — the acting child and youth advocate — visited the centre on Feb. 28 and arranged a meeting with the Department of Justice to discuss issues at the centre. 

MacInnis said Gray attended a residents' meeting at the centre to hear concerns first-hand, and they are pleased with how the meetings went. 

CBC News asked in a follow up email if Gray's investigation is ongoing. The office said they have plans to address the issues. They also committed to residents that they would attend more meetings when requested. 

In a statement, Department of Justice spokesperson Eric Humber said the department met with Gray and they've undertaken repairs of the facility. He did not disclose any other details. 

Lack of care

Lockyer says the lack of care for the building's physical infrastructure demonstrates the lack of care for the youth residents inside. 

Many children are already traumatized before being placed in the centre, she said, making the facility's poor conditions all the more detrimental.

"You're not able to feel cared for when you're left in those conditions," said Lockyer, adding that instead of rehabilitation, children are becoming further traumatized and pushed into criminalization. 

In 2003, the Canadian Youth Criminal Justice Act came into effect to try to reduce the overuse of incarceration of young people. 

This resulted in a decline in youth incarceration rates, but now the Whitbourne centre is facing capacity issues. 

Lockyer said there is supposed to be a higher bar to put youth in detention, which is a further indication that the current capacity issues are concerning. 

The Morris Moore law firm previously launched a lawsuit against the youth centre, and other Newfoundland and Labrador government-operated youth facilities, for sexual abuse experienced by 70 former residents between the 1970s and 1980s. The suit resulted in a $12.8-million settlement for the victims. 

One of the firm's lawyers, Lynn Moore, calls the Newfoundland and Labrador Youth Centre "HMP for kids," referring to Her Majesty's Penitentiary, an adult correctional facility in St. John's also facing severe infrastructural issues and a long history of problems.

WATCH | St. John's lawyer says concerns over safety at Whitbourne youth centre aren't new: 

Whitbourne youth ‘terrified’ of potential abuse at the detention centre, lawyer says

12 hours ago

Duration 2:39

Kelsie Lockyer says one of her clients was so afraid, he asked to have a camera placed inside his cell while living at the youth detention centre. In 2022, Lockyer’s firm secured a $13 million class-action settlement for victims of abuse at several provincial youth facilities dating back to the 1970s and 80s

The problems go back decades, including the case of Jack Whalen, a man who estimates he was held in solitary confinement for 730 days as a teen between 1973 and 1977. He's alleged lasting trauma and psychological damage as a result.

Previously, the province had a statute of limitations for civil claims from cases of assault causing bodily harm, meaning Whalen could not settle. However the province passed legislation in May removing time limits for victims of childhood abuse, including assault, battery and unlawful confinement.

Lockyer says she fears the youth centre's current infrastructural problems could lead to more cases of abuse.  

"When you're in a situation where nobody's paying attention … the ceiling, the sky is falling, and nobody's paying attention," she said. "Other people who have bad intentions are able to act on those intentions because nobody's stopping them."

Lockyer says she hopes Gray's investigation will bring about positive change.

"These are children who are being placed in a facility where they are having more harm done to them."

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