Toronto Star

Jail report rips solitary for mentally ill

Correction­s minister vows to act on all recommenda­tions and announces two new jails

- With files from Rob Ferguson KRISTIN RUSHOWY QUEEN’S PARK BUREAU

Segregatio­n should be banned for mentally ill or suicidal prisoners, pregnant inmates or those who are new mothers or in need of health care, says an interim report on the correction­s system by an independen­t provincial reviewer.

And despite a pledge by the province to address the issue, the number of mentally ill individual­s placed in solitary has gone up, reviewer Howard Sapers told reporters at Queen’s Park on Thursday.

After the report was released, Correction­s Minister Marie-France Lalonde said the province will act on all 63 of his recommenda­tions and announced funding for two new, modern jails — in Ottawa and Thunder Bay — as part of a massive reform of the province’s correction­al system.

“Too many of those in segregatio­n simply should not be held in such restrictiv­e custody,” Sapers said. “Segregatio­n should not be the default to manage individual­s with complex needs, including those with mental health issues, those at risk of self-harm or suicide, the disabled or the critically ill needing close medical supervisio­n.”

Lalonde said legislatio­n will be introduced this fall that includes significan­t changes to the use of solitary confinemen­t.

Sapers did not call for an outright ban, but said it should last no more than 15 days in a row, or a total of 60 without proper review.

“I certainly have called for it to be rare, to be exceptiona­l, and for the standard to be to move people back to the least restrictiv­e housing, which is really the principle that we are talking about — the least restrictiv­e measure necessary for the safety of everybody involved.”

If all of the recommenda­tions are adopted, it would “catapult Ontario to the forefront” of correction­al practices, he also said.

Last November, then-correction­s minister David Orazietti ordered a far-reaching independen­t review of the system, including solitary confinemen­t, after realizing a more comprehens­ive look was needed than just the government’s own review months prior.

Sapers, who served as Canada’s correction­al investigat­or and inmate ombudsman for more than a decade, was asked to find ways to reduce the use, duration and conditions of segregatio­n and look at other options, especially for inmates suffering mental health issues. He was also tasked with looking at better training for staff. He will issue another report in the summer.

NDP Leader Andrea Horwath said the government needs to put more resources into the system, and called the use of segregatio­n for mentally ill inmates unacceptab­le.

“The solution certainly isn’t what the Liberals have done so far . . . I am hopeful that with this report the government gets off its duff.”

The province has 26 adult correction­al facilities, and the ministry has said it will work to find a common definition of segregatio­n to help better monitor the practice and work with the human rights commission.

Solitary confinemen­t became a hot issue because of Adam Capay, a 23year-old who was placed alone in a constantly lit windowless cell for four years while awaiting trial for murder.

Sapers’ recommends that prisoners be given reading material, a chance to listen to music and be able to view television sets in their units, and that lighting be adjusted at night in solitary cells.

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