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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Recommendation 1:
We recommend that legislation prohibit the use of solitary confinement as it is defined by the United Nations’ in the Mandela Rules.
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Recommendation 2:
We recommend legislation remedy the widespread use of isolation not specifically permitted by law.
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Regarding restrictive movement routines
Recommendation 3: We recommend that legislation prohibit restrictive movement routines.-
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Regarding restrictive movement routines
Recommendation 4: During waking hours, the norm should be free movement and the opportunity for meaningful activities and meaningful human interaction. This could include a variety of organized recreational, educational, cultural, spiritual and occupational activities facilitated by qualified staff, volunteers, community service providers and peers, and should include unstructured time indoors and out of doors.-
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Regarding lockdowns
Recommendation 5: We recommend that legislation and policy limit lockdowns to truly exceptional emergencies and security incidents.-
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Regarding lockdowns
Recommendation 6: We recommend that legislation require any lockdowns to be approved by independent external decision makers if they are to be used for more than 24 hours, or if more than five lockdowns are imposed at a given institution within a year. A lockdown that is approved shall be independently reviewed every 24 hours. CSC must demonstrate that the lockdown is necessary according to legislative criteria, represents the least restrictive measure necessary and that the duration is for the shortest amount of time possible. Independent external decision makers must have the authority to make orders to end a lockdown and orders respecting conditions of confinement.-
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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 8: We recommend legislation requiring prisoners to be provided with clear and timely information on the reasons for the lockdown, the daily routine and the expected duration.-
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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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