Prison isolation.

BILL BLAIR IS A DISAPPOINTMENT: –

December 10, 2020

The Honourable Bill Blair,
Minister of Public Safety,
Ottawa

Is Correctional Service of Canada a rogue agency?

CSC knew its solitary confinement policies would not survive scrutiny but left it to your government to legislate C-83 and has since worked to find a path around the bill’s intent.

Some time ago, you had to intervene on behalf of Professor Anthony Doob and his panel to get information on the implementation of C-83’s provisions that Correctional Service of Canada had failed to deliver in a timely manner.

Now, with two reports in hand that are critical of CSC’s isolation techniques, the Globe and Mail said on November 16 that, “Public Safety Minister Bill Blair said the findings raised ‘serious concerns’ and vowed to address them.”

The only option to make a “correctional service” out of a “prison industry” is to knock down what we have now and start over.  CSC knows though that you can huff and putt the day long, but you will soon move on, thankful to be rid of the file, and the agency will be left to indoctrinate your successor.

So much for good governance.

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Bill C-83 is an Act to amend the Corrections and Conditional Release Act, under which Correctional Service of Canada is governed.  C-83’s primary obligation, although not its only aim, is to eliminate “administrative segregation” (solitary confinement) in Canada’s federal prisons and to establish “structured intervention units” as the alternative.  (Note that nowhere does Correctional Service of Canada ever use the words “solitary confinement.”) 
C-83 received Royal Assent on June 21, 2019.

The legislation was a response to rulings by Courts of Appeal in British Columbia and Ontario that rendered the use of administrative segregation unlawful.  The United Nations Standard Minimum Rules for the Treatment of Prisoners, known as the Mandela Rules, adjudged Canada’s practice of solitary confinement as torture.  Intentionally then, the policy around C-83’s structured intervention units exceed the minimum Mandela Rules standards.  Canada considers itself a champion of human rights, as it should be, and takes pains to criticize human rights abuses in other countries, as it must.  But what is that adage about throwing stones while living in a glass house?

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So, where are we now?

Patrick White’s “Federal prisons still use solitary confinement, report says,” in the Wednesday, February 23 edition of the Globe and Mail earlier this year, and Murray Fallis’ “Canada’s prisons consistently violate Mandela Rules,” in the Thursday, February 25 Toronto Star say we’re not doing well.  As criminologist Dr. Anthony Doob put it, “We think that the time has come for Canada to acknowledge that it still has solitary confinement and torture by another name.”

To be fair, Correctional Service of Canada has made efforts to implement the provisions of C-83 and wants to be seen and heard to be making an effort.  The agency can’t claim genuine support for the bill’s intrusion into its monopoly though, and there’s no doubt it hasn’t found favour in the trenches.  In any case, CSC must identify the roadblocks to successfully meeting the bill’s mandate, and proactively work to resolve what it finds.  As a suggestion, additional mental health and mediation resources are certainly a part of the solution.

Bill Blair announced the creation of a two-year advisory panel in late July to look into prisoner isolation practices and assess and report on issues with implementing new policies.  Former correctional investigator Howard Sapers (2004 to 2016) will chair the panel which will include a range of experts, including Anthony Doob.  There are plans to provide a secretariat function to support the panel and work with CSC when necessary.

A good move, but the final paragraph of the above December 10 letter is always relevant.

Bill C-83 and ‘dry cells’……next time.

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