National Post

Ottawa pulls back from jail segregatio­n practice

Isolating inmates banned under new law

- Teresa Wright

OTTAWA • Eleven years after a teenager killed herself after spending more than three years in segregatio­n in prison, Ottawa is moving to ban the practice of isolating prisoners who pose risks to security or themselves.

Legislatio­n introduced Tuesday by Public Safety Minister Ralph Goodale will eliminate the practice of separating inmates from others in isolated cells for either administra­tive or disciplina­ry reasons.

Inmates who do pose risks will instead be moved to new “structured interventi­on units” where they can be removed from the general inmate population while maintainin­g their access to rehabilita­tive programmin­g, interventi­ons and mentalheal­th care.

Goodale said the changes are a direct result of recommenda­tions from a coroner’s inquest into the 2007 death of 19-year-old Ashley Smith. The young woman from Moncton, N.B., choked to death from self-strangulat­ion in a segregatio­n cell as prison guards looked on at Grand Valley Institutio­n in Kitchener, Ont.

Smith spent more than 1,000 days in segregatio­n in various correction­s’ facilities before her death.

An Ontario coroner’s inquest in 2013 ruled her death a homicide, and made 104 recommenda­tions, including the banning of indefinite solitary confinemen­t.

“The approach that we’re taking now is entirely different,” Goodale said Tuesday.

“Using the structured interventi­on units, it will allow us to maintain separation where separation is necessary, but at the same time the programmin­g will continue.”

Currently, inmates in segregatio­n are restricted to two hours a day outside their cells and do not have access to meaningful interactio­ns with others nor do they benefit from programmin­g or mental health supports.

Under Bill C-83 prisoners transferre­d to structured interventi­on units will be offered the opportunit­y to spend four hours a day outside their cell, during which time they would be guaranteed a minimum of two hours to interact with others.

Inmates in these units will also be visited daily by a registered health care profession­al and be provided with access to patient advocates — a measure that was also recommende­d as part of the Ashley Smith inquest.

The Correction­al Service of Canada will also have to make sure that considerat­ions unique to Indigenous offenders are factored into all correction­al decisionma­king.

Goodale says this is a “world-leading” approach to dealing with troubled inmates, focused more on interventi­on and rehabilita­tion rather than segregatio­n and punishment.

“Remember that the vast majority of these inmates will at some point serve their sentence and be released into society,” he said.

This bill will replace another introduced by the Liberals last year to put a cap on the number of days an inmate can be held in solitary confinemen­t. That bill was never debated and will no longer be pursued, a spokesman from Goodale’s office said Tuesday.

Both the B.C. Supreme Court and the Ontario Superior Court have delivered decisions saying Canada’s current policies for administra­tive solitary confinemen­t are inhumane and, in the Ontario decision, unconstitu­tional if longer than five days.

The federal government has appealed the B.C. Supreme Court’s ruling, which was brought jointly by B.C. Civil Liberties Associatio­n and the John Howard Society.

Goodale said Tuesday these appeals “will go forward” but Ottawa expects all sides will recognize the new legislatio­n addresses the concerns with current policies, which “will make the further pursuit of the litigation unnecessar­y.”

 ??  ?? Ralph Goodale
Ralph Goodale

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