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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Regarding lockdowns
Recommendation 7: We recommend that legislation and policy require that for the duration of a lockdown, all prisoners be provided with a minimum of four hours out of their cell daily, including daily access to more than two hours of meaningful human contact, telephones, showers, and at least one hour of outdoor exercise (or indoor exercise in poor weather).-
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Regarding lockdowns
Recommendation 9: We recommend that health care and Indigenous healing services be provided to prisoners independently of CSC, and that these professionals provide activities and counselling to prisoners during a lockdown, particularly for prisoners with pre-existing mental health disabilities.-
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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 11: We recommend legislation require that isolation for medical purposes be authorized by independent registered health care professionals, with reasons provided to the prisoner and their legal representative.-
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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 isolation for medical or mental health reasons
Recommendation 13: We recommend prisoners with serious mental illnesses be transferred to community-based psychiatric hospitals under s 29 of the Corrections and Conditional Release Act, where they can receive appropriate mental health treatment in a therapeutic environment.-
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Regarding isolation for medical or mental health reasons
Recommendation 14: We recommend that specialized Therapeutic Units address the unique needs of prisoners with mental health disabilities, and that they be adequately funded and sufficiently staffed with independent professionals including nurses, social workers, Elders, counselors, psychologists and psychiatrists as appropriate to provide robust and culturally appropriate treatment and high levels of meaningful human contact.-
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Regarding isolation for medical or mental health reasons
Recommendation 15: We recommend that Canada and CSC amend their laws and policies related to medical professionals to be in full accordance with the Mandela Rules.-
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Regarding structured intervention units
Recommendation 26: We recommend a legislative amendment to make it clear that health care considerations under s 87(a) of the Corrections and Conditional Release Act take priority over the criteria for placement in SIU.-
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Regarding structured intervention units
Recommendation 27: We recommend legislative amendments to provide Independent External Decision Makers the power to order independent medical and mental health assessments, including culturally appropriate assessments for Indigenous and other racialized prisoners.-
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