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 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 22: We recommend legislation be amended to provide Independent External Decision Makers the power to order that specific alternatives to SIU be implemented, including transfers under s 29 and 81 of the Corrections and Conditional Release Act.-
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Regarding structured intervention units
Recommendation 23: We recommend legislative amendments to provide Independent External Decision Makers the power to order specific changes to a prisoner’s conditions of confinement and the power to investigate allegations of staff misconduct in SIUs.-
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Regarding structured intervention units
Recommendation 24: We recommend Canada significantly increase funding for Indigenous-run healing lodges and allow Indigenous communities to determine eligibility, in order to address the overrepresentation of Indigenous prisoners in SIU and in maximum security.-
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Regarding structured intervention units
Recommendation 25: We recommend that legislation be amended to provide Independent External Decision Maker reviews of SIU placements within five days, and every subsequent 15 days thereafter. Sufficient resources should be allocated to Independent External Decision Makers for them to be able to fulfil their roles.-
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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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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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Regarding structured intervention units
Recommendation 29: We recommend that CSC invest in qualified, independent behavioural counsellors, occupational therapists and social workers to be available in all men’s and women’s SIUs to provide services to promote mental well being.-
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Regarding staff culture
Recommendation 30: We recommend that CSC fund an external review of staff culture at all levels within CSC to develop a plan to change the culture of corrections, with a focus on the dignity and human rights of prisoners.-
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