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November 19, 2020

Solitary confinement by any other name is still torture

Credit: Tyler Lastovich from Pexels
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Credit: Tyler Lastovich from Pexels

In October 2020, criminologists Anthony Doob and Jane Sprott released a report on Correctional Services Canada's (CSC) use of . SIUs were intended to replace the use of solitary confinement in federal prisons but , especially for imprisoned people with mental illness.

Advocates, including and , have criticized the introduction of SIUs as a mere rebranding of longstanding and harmful isolation practices in federal prisons.

As researchers and volunteers in prisons, we have directly witnessed what it looks like for people with mental illness behind bars. The complete incapability of prisons to "care" for people with mental illness must be underscored. Prisons make things much worse, and SIUs amount to torture.

Prisoners and their loved ones have been speaking out for years, with no meaningful response. In the words of Farhat Rehman, co-founder of and mother of an imprisoned man with : "."

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SIUs are a failure to provide care

In (now rebranded as SIUs), prisoners are placed in solitary confinement where they have . Often, there is no pillow or blanket and . There is little or no access to counseling, programs or meaningful human contact. Prisoners have been confined to solitary confinement for days, weeks, months and .

Prison administrators argue it is sometimes necessary to segregate prisoners to maintain the . While separating a prisoner from the general prison population is rationalized as , this practice has proven destructive and inhumane. Prisoners who have experienced solitary confinement say .

was enacted in response to the B.C. Supreme Court's finding that prolonged solitary confinement in prisons . Critics of C-83 claim that it actually made it .

A solitary isolation cell at Dorchester Penitentiary, New Brunswick. Credit:
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A solitary isolation cell at Dorchester Penitentiary, New Brunswick. Credit:

Change in language but not action

The federal government committed to pay for 950 new staff and building renovations. SIUs were supposed to allow better access to programming and . Prisoners transferred to the units were supposed to be allowed out of their cells for four hours each day, with two of those hours engaged in "."

CSC has hindered attempts at oversight to ensure these changes have been made. The SIU Implementation Advisory Panel requested administrative data at , from the time SIUs began operating in November 2019. These by CSC until mid-October 2020. CSC then released nine months worth of administrative data.

The October report prepared by Doob and Sprott says . Only 21 percent of prisoners spent four hours outside their cells on half or more of their days in the units. Only 46 percent had two hours of meaningful contact on at least half of the days. Nearly half of stays lasted for more than 15 days, and 16 percent lasted for more than two months. Multiple stints were common.

Doob and Sprott also identify that prisoners sent to SIUs are disproportionately Indigenous (39 percent) and Black (13 percent); Indigenous people make up 30 percent of the prison population and Black people comprise seven percent.

The prohibit solitary confinement of prisoners for 22 hours or more a day without meaningful human contact, and prolonged solitary confinement of more than 15 consecutive days. Breaking these parameters is defined as torture.

Mental illnesses produced, exacerbated in prison

Many people enter prison with . The conditions of prisons also . Imprisonment is not mandated to put life at risk, exacerbating conditions to the point of mental crisis. to provide "reasonable, safe, secure and humane control."

Yet crisis is exactly the . What's more, behaviors perceived as defiant or self-harming are often a direct , which leads prisoners to be transferred to SIUs.

Solitary confinement is . Doob and Sprott found that 35 percent of people were transferred to SIUs more than once; those tended to be male with identifiable mental health needs. Those placed in SIU because of concern about the prisoner's own safety ended up staying in the SIU a substantially longer period of time.

CBC News looks at solitary confinement in Canada.

Solitary confinement has been found to produce , and greater levels of isolation is associated with .

With for mental health programs and services, prisons and jails have become a catchment for many individuals who experience mental health challenges. But prisons are not the appropriate place to address these challenges. Prisoners with mental health issues are paying for this failing .

Jewish-Indigenous Timothy Nome, speaking from a cell during his 60th day of solitary confinement at the Stony Mountain Institution in Manitoba: "."

Nome ended up spending 20 more days in solitary.

Prisons lack accountability

In September, Kim Beaudin, vice-Chief of the , spoke about the : "We have no oversight. I've counted four people who died in prison as a result of suicide alone. I believe two out of federal (prison) and two provincial (prison) in Saskatchewan. … That was just in the last month and a half."

The COVID-19 pandemic has been used as an . On Nov. 15, Sprott and Doob released a response report analyzing the data to counter this claim, removing data of prisons that had COVID-19 cases to see if the findings would differ. The findings were the same and the pandemic cannot be used as an excuse.

Canada's prison service lacks the ability and willingness to change. Beaudin has called for . We should listen to him.

Now is the time to resource community supports and provide people with ample assistance, especially people with mental health challenges where prison and SIUs are used as a crutch to manage them. We also need to hold officials accountable for perpetuating solitary confinement in all but name.

Accountability is needed. Allowing torture to continue is unconscionable.

Provided by The Conversation

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