Toronto Star

The ‘torture’ of Canadian prisoners must stop immediatel­y

- MURRAY FALLIS with the John Howard Society of Canada.

Albert Einstein said the definition of insanity is doing the same thing over and over again but expecting a different result. Perhaps Einstein was thinking about Canada’s Correction­al Service when he coined the phrase. His words are certainly apt regarding their implementa­tion of the structured interventi­on units (SIUs) — a form of solitary confinemen­t.

This week, Minister of Public Safety Bill Blair asked Parliament for an additional $135 million dollars to properly implement structured interventi­on units in Canadian prisons. For context, the Correction­al Service has already been allocated $300 million to implement the SIUs. Despite this astronomic­al sum, they have failed nearly every step of the way.

The comedy of errors surroundin­g the SIUs has been noted time and time again. In the Star, in the Globe, in CBC. First, the Correction­al Service refused to release SIU data. Then the data wasn’t available in the proper format. Then software was a problem. Now the excuse is that “transforma­tive change” takes time.

In February, the renowned federally appointed criminolog­ist Anthony Doob unequivoca­lly stated that 195 SIU prisoners are experienci­ng “torture.” Jack Harris raised Doob’s report at the Standing Committee on Public Safety and National Security. Bill Blair accepted the findings.

Yes, you read that correctly. In Canadian prisons 195 people were tortured as per the UN’s definition. Bill Blair accepts that torture is occurring, but has done nothing to fix it. In fact, prior to Jack Harris raising concerns, Bill Blair never even responded to Doob’s report.

Now, Blair has emerged from his silence with a blank cheque in hand. He has asked for an additional $135 million taxpayer dollars to give the Correction­al Service another try. Enough is enough.

Torture is not just unacceptab­le, inhumane, and unconstitu­tional, but it is also extremely expensive. To date, courts have awarded prisoners $20 million dollars for confinemen­t in administra­tive segregatio­n. The Minister’s Committee estimates included $100 million to pay for such past damages. Each day that Blair waits to stop extreme isolation is a day that increases the likelihood another award will be granted. As Justin Ling tweeted, one prisoner has spent 454 days straight in an SIU cell. There is certainly some irony that taxpayer dollars are spent to compensate the most troublesom­e of prisoners for being tortured by our Correction­al Service. Surely we can find a better use for taxpayer money? Housing the homeless? Health care? Crime prevention? Anything.

It is time to simply prohibit prolonged solitary confinemen­t (15 days straight or more). Then, appoint a non-CSC expert to ensure legislativ­e compliance. Prisoners would remain locked-up but in a manner that is Charter-compliant. This simple change would ensure taxpayers do not see another $135 million squandered on confinemen­t that violates the Charter and offends our values.

Murray Fallis is an articling fellow

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