In November 2020, “Solitary by another name: The ongoing use of isolation in Canada’s federal prisons” was published by the West Coast Prison Justice Society / Prisoners’ Legal Services. The report identifies ways that the Correctional Service Canada (CSC) continues to routinely keep prisoners in solitary confinement, or solitary-like conditions of isolation, sometimes for months on end, despite Canada’s claims to have eliminated the use of segregation. It recommends legislative limits on the use of isolation, care in community-based hospitals for prisoners with serious mental illnesses and increased funding for Indigenous-run healing lodges, and calls for an external review of staff culture at all levels.
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Access to justice
Regarding isolation for medical or mental health reasons
Recommendation 10: We recommend that legislation require any placements in observation cells for the purpose of monitoring prisoners at risk of self-harm or suicide be authorized by independent registered mental health professionals, with reasons provided to the prisoner and their legal representative. Such placements must not exceed six hours and must be imposed only at treatment centres.-
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Regarding isolation for medical or mental health reasons
Recommendation 12: We recommend that individuals placed in isolation for medical or mental health reasons must be offered at least four hours of meaningful human contact per day. If a prisoner’s mental health is poor or deteriorating, they should be provided additional opportunities for meaningful human contact. Prisoners should be offered daily time out of their cell including outdoors if medically safe. They should have regular and no-cost access to telephone and video visitation with family, community supports and legal representatives. Within their cells, they should have access to televisions and increased access to canteen and free snacks.-
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Regarding structured intervention units
Recommendation 20: We recommend that governments fund legal aid to provide prisoners with legal representation in SIUs in each jurisdiction in Canada.-
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Regarding structured intervention units
Recommendation 21: To facilitate meaningful access to counsel, we recommend legislation or policy providing:- That outside agencies should be allowed to provide in-person legal aid clinics in SIUs on a regular basis.
- That CSC staff must deliver and facilitate all legal callback requests within 24 hours.
- That CSC must share relevant documentation directly with counsel at least three days in advance of all SIU reviews, without requiring a signed consent form.
- That outgoing faxes to counsel be provided to all prisoners free of charge and within one working day.
- That prisoners be provided sufficient time to meet with counsel in person, in a confidential room.
- That all necessary steps be taken to facilitate the attendance of counsel at hearings, including advising counsel of the time and date of the hearing as soon as it is scheduled and confirming requests by counsel to attend.
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Regarding structured intervention units
Recommendation 28: We recommend that the SIU Review Committee be abolished, and law and policy be clear that prisoners have the right to be represented by counsel at an oral hearing before the actual decision maker.-
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