Canada needs to overhaul how it treats prisoners

Solitary confinement is not a solution, writes Jay Fallis.

Imagine being locked in a small cell only a few feet in length and width. Your belongings have been taken, and all you have left is a thin blanket that rests atop the cold concrete bedframe on which you sleep.

No, this scenario isn’t meant to describe a prisoner’s experience in medieval Europe, or even in the fictitious Game of Thrones land of Westeros. Rather, this is the reality for some held in solitary confinement and segregation in Canadian prisons today.

Over the past few years, there have been many calling for the end of this cruel incarceration method. Among the strongest advocates has been Kimberly Pate, Canadian senator and former executive director of the Elizabeth Fry Societies.

Earlier this week, I sat down with Pate to discuss the problems with this practice as well as alternatives.

To start, we discussed the distinction between solitary confinement and segregation.

“There is lots of confusion about solitary confinement versus segregation . ... In the Corrections and Conditional Release Act that governs the Canadian federal prisons, segregation is the separation from general population. It’s not as solitary, it’s small groups of people who are seen by the prison as the people who are the most challenging. So, they end up living in basically isolated conditions ... Solitary confinement, generally involves the UN definition which is 22-, 23-, 24-hour lock up in a one-person cell in isolated conditions. So we have both of those in Canadian prisons.” Pate said.

While this distinction in definition might seem irrelevant, it can have serious consequences.

“I was in the Grand Valley institution last week and the women described having been in ... 24-hour lock up, which is (essentially) solitary confinement. This violates the Charter, violates the Corrections and Conditional Release Act, and violates the UN standard ... Our worry is, that people don’t realize that there are small groups of prisoners, who are living in very isolated conditions, even though it may not be called solitary confinement, it is still a form of segregation.” Pate explained.

Solitary confinement is perceived to be cruel and unnecessary. However, unbeknownst to many, there are other types of segregation that can be as problematic that fly under the radar of public perception and regulation.

Pate went on to explain that segregation and solitary confinement are frequently used to deal with prisoners suffering from mental health issues.

It was clear from our conversation there were other treatment methods used for those with mental health problems, too. Among the alternatives discussed was intermediate care, a section of prison where prisoners are monitored with concentrated attention. However, Pate was also skeptical of this practice.

“The reason it’s not (a viable option) is because they are describing all kinds of other things as not segregation that essentially are segregation. So, for instance, in some institutions they have a cell and put a glass door on it. (They) call it medical observation. The person inside doesn’t experience it any differently just because we call it medical observation or intensive psychiatric care.”

While the experience of intermediate care could vary depending on the prison, this practice doesn’t accomplish what it sets out to.

As opposed to using intermediate care, Pate suggested another alternative:

“The only way that (someone with mental health issues) might get rehabilitated, is to go into an appropriate mental health facility. Why wouldn’t we transfer them there, and if they need security, add security in those settings. Don’t keep them in prison where the mental health issues become exacerbated.”

If we want to address the mental health problems of prisoners, we can, without subjecting them to solitary confinement, or similar treatment methods disguised by other labels. Providing them with treatment outside of the prison, as is common for physical ailments, could allow them a greater chance dealing with their mental health problems. Although this is not possible in every case, with strong security oversight, this type of alternative would be more effective — through facilitating rehabilitation rather than mental deterioration.

No one is benefiting from solitary confinement and its other forms. It is time we end this cruel practice in favour of more humane alternatives.