Prisons can reduce use of segregation

For years human rights organizations, ombudsmen and prison watchdogs have fought on the side of the angels by pressing Canada’s prison service to reduce the use of segregation. Finally, it appears to be paying off.

Canada’s federal prison watchdog, Ivan Zinger, released new figures last week that, happily, reflect a sharp decline in the use of solitary confinement.

Among his findings:

On any given day in 2015-16 there were about 375 inmates held in segregation, less than half the 800 held in solitary in 2013-14.

Overall admissions to segregation in 2015-16 totalled 6,782, the lowest figure in a decade and down substantially from the 8,321 in the previous year.

And the average length of stay was reduced to 26 days last year, compared to 44 a decade ago.

All of this is good news. Especially considering that as recently as December 2014 the Correctional Service of Canada was flatly rejecting recommendations from a coroner’s jury into the death of Ashley Smith that it curb its use of solitary confinement, saying it would hobble the “safe management” of the prison system. (Smith choked herself to death in 2007 at the age of 19 after 300 days on “segregation status” in the last year of her life.)

Clearly, senior managers have finally seen the light. But there’s still a long way to go to protect prisoners’ rights and health.

While the 26-day average stay in solitary is an improvement over past years, the goal should be to get it down to a maximum of 15 days. The United Nations says anything longer than that amounts to torture. In fact, studies show the negative effects of long-term solitary confinement can include psychosis, hallucinations, insomnia and confusion. Even more worrisome, it increases the risk factor for suicide.

How bad is solitary? Canadian prison expert Michael Jackson describes it as “the most individually destructive, psychologically crippling and socially alienating experience that could conceivably exist within the borders of the country.”

That’s why other organizations, such as the Ontario Human Rights Commission, have demanded an outright ban on its use.

As well-intentioned as that recommendation is, it’s a step too far. There may be cases where a prisoner is a danger to himself or to others, and segregation can be used as an effective tool for a limited time.

That said, it should be a measure of last resort for correctional officials under strict conditions aimed at protecting prisoners, not punishing them.

That’s where the federal government comes in. Canada’s prison service has now shown it can dramatically reduce the use of solitary confinement in its jails without risking their safe management. But its use should not be up to the whim of managers.

Ottawa must pass legislation that will strictly define when it can be used and for how long. Only then can we be confident that prisoners will be treated humanely.