Vancouver Sun

Is segregatio­n of prisoners torture or a ‘necessary evil?’

Pressure is mounting on Canada’s correction­al service to stop isolating prisoners for long periods of time. Two lawsuits are challengin­g “administra­tive segregatio­n” as unconstitu­tional. Several newspaper editorials have condemned the practice. The Correc

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Q What is administra­tive segregatio­n?

A It is the placement of a prisoner in a cell, away from the general population, for up to 23 hours a day. This is generally done when there is a concern of a risk to that inmate’s safety or that prisoner poses a risk to others.

Q Is it the same as solitary confinemen­t? A That depends on whom you ask. Critics say there is no difference. Correction­s officials reject the term because of its associatio­n with punishment and Hollywood dramatizat­ions depicting inmates languishin­g in darkness. According to correction­s guidelines, inmates in segregatio­n are entitled to most of the same rights and privileges as other inmates, including case management services, an hour of exercise, psychologi­cal counsellin­g, educationa­l and health care services, and spiritual support.

Q Why is it so controvers­ial?

A There is no limit to how long someone can be placed in segregatio­n. Research has shown that long-term segregatio­n — the lack of stimulatio­n and social interactio­n — can have adverse effects on mental health, increase the risk of suicide and is contrary to the aims of rehabilita­tion. Canada’s prison watchdog has repeatedly raised concerns about this. This month, two lawsuits were filed against the government challengin­g the use of segregatio­n as unconstitu­tional. One was filed by the B.C. Civil Liberties Associatio­n and the John Howard Society of Canada; the other was filed by the Canadian Civil Liberties Associatio­n and the Canadian Associatio­n of Elizabeth Fry Societies. Prolonged isolation amounts to “torture,” they said. A 2011 report by a United Nations torture expert said indefinite segregatio­n should be abolished.

Q What is the government’s response?

A In an emailed statement this week, Don Head, the commission­er of the correction­al service, said the agency is developing an “enhanced model for segregatio­n” to reduce the number and length of segregatio­n placements, reframe the thinking about how segregatio­n is used and strengthen oversight and decision-making. “The goal of the strategy is to reduce the reliance on segregatio­n by creating better options and finding more viable alternativ­es for safe reintegrat­ion into the general population.” Outside experts will be consulted and options presented to the public safety minister by June, he said. The statement was pretty much a rehash of what the agency said in December in its official response to recommenda­tions stemming from the coroner’s inquest into the high-profile death of Ashley Smith.

Q What are the options?

A One of the key recommenda­tions from the Smith inquest was capping the number of consecutiv­e days in isolation to 15. Jennifer Oades, who retired last year as deputy commission­er for women at the correction­al service, said she absolutely agrees that prolonged or indefinite segregatio­n is harmful. At the same time, she worries about prescribin­g a limit of 10 or 15 days because flexibilit­y is important. “Segregatio­n, unfortunat­ely, is a necessary evil,” she said. There is also concern the limit would become the norm, possibly leading to people being kept in isolation for 15 days when they didn’t need to be. Where a cap might make sense, however, is for inmates with mental illness. If they can’t be managed after a certain period, they should be transferre­d to a mental health facility. Oades said the government needs to move away from a “punishment model” of correction­s to a “rehabilita­tive model.” Performanc­e reviews for wardens should be based, in part, on a reduction in the use of segregatio­n, she suggested. Others have suggested the correction­al service should have some kind of mandatory external review, perhaps performed by a judge, that kicks in after a prisoner has been held in segregatio­n for a certain period of time.

 ?? JONATHAN HAYWARD/CANADIAN PRESS ?? Josh Paterson of the B.C. Civil Liberties Associatio­n speaks Jan. 19 after his organizati­on filed a lawsuit against the Attorney General of Canada over the use of solitary confinemen­t in Canadian prisons.
JONATHAN HAYWARD/CANADIAN PRESS Josh Paterson of the B.C. Civil Liberties Associatio­n speaks Jan. 19 after his organizati­on filed a lawsuit against the Attorney General of Canada over the use of solitary confinemen­t in Canadian prisons.

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