RECOMMENDATIONS:
THE CANADIAN CIVIL LIBERTIES ASSOCIATION (CCLA)
CCLA endorses the following recommendations as proposed by Coroner’s Counsel and Other Parties: Recommendations 1, 8 – 12, 17, 21, 22 – 28, 30 – 38, 40 – 46, 49, 53 – 63, 66, 69, 70, 72, 74, 77, 78, 80 – 84, 86, 89, 93 – 100, 103.
CCLA opposes the following recommendations as proposed by Coroner’s Counsel and Other Parties: 75, 76, 79, 101, 102.
CCLA PROPOSES THE FOLLOWING ADDITIONAL/ALTERNATIVE RECOMMENDATIONS:A. SEGREGATION
An Absolute Prohibition of Segregation for Certain Classes of Individuals
1. As recommended by the United Nations Special Rapporteur on Torture and Other Cruel and Inhuman Treatment in 2011, there should be an immediate and absolute prohibition on the placement of individuals with mental health disabilities in segregation.
An Absolute Prohibition on Long-Term Segregation
2. There should be an absolute prohibition on the practice of placing federally sentenced women in conditions of long-term clinical seclusion, isolation, observation or segregation. Long-term should be defined as any period in excess of 15 days. Segregation should not be used except in rare and exceptional circumstances, as a last resort, and for the shortest time possible and should serve a particular purpose.
External Oversight
3. It is recommended that CSC adopt a policy that requires independent adjudication of the use of segregation for longer than 5 days. If segregation continues for longer than 5 days, an independent, impartial, legally trained adjudicator must convene a hearing to determine if continued segregation is justified. The burden at such a hearing shall be on CSC to justify the ongoing use of segregation and to present a plan of care for the immediate elimination of the use of segregation. The segregated woman shall have counsel at the hearing.
4. It is recommended that Corrections and Conditional Release Act be amended to prohibit the use of long-term segregation. Long-term segregation should be defined as confinement in segregation for 15 days or more, in accordance with the Report of the United Nations Special Rapporteur on Torture and Other Cruel and Inhuman Treatment. If CSC does not adhere to this prohibition, and continues the use of prolonged segregation: in any individual case where they wish to use segregation for more than 15 days, CSC must apply to a court for a determination that continued segregation is necessary and appropriate. The burden at such a hearing shall be on CSC to justify the ongoing use of segregation. The burden shall also be on CSC to demonstrate what steps have been taken to eliminate the need for segregation. The segregated woman shall be represented by counsel at the hearing. In anticipation of such a hearing, the Court may order an independent assessment of the conditions of confinement, the effects of segregation on the segregated prisoner and alternatives to segregation.
5. It is recommended that CSC amend its currently polices to ensure that women held in on “mental health observation” are recognized as being on segregation status and therefore entitled to all relevant reviews, including independent adjudication and judicial review.
6. Conditions of segregation should be the least restrictive as possible for each individual and determined on a case by case basis – a federally sentenced woman in segregation should, as much as possible, have access to programs and facilities and have contact with other women, staff, visitors and NGOs.
Internal Oversight
7. All decisions to place an individual in segregation at the institutional level should be reviewable within 72 hours by the Deputy Commissioner for Women and/or his/her delegate. This individual shall have the authority to review and verse a segregation placement decision made at the institutional level.
External Practice Review
8. That CSC retain an independent arm’s length organization to do a detailed analysis and implementation strategy on Correctional Service of Canada’s use of segregation – particularly for the use of administrative segregation for individuals who self-harm.
This implementation strategy should seek to ensure that the Correctional Service of Canada complies with and maintains an absolute prohibition on long-term segregation for all federally sentenced women and a prohibition on segregation for certain classes of groups (including women with mental health issues).
Monitoring
9. CSC should make every effort to ensure that federally sentenced women have access to and the opportunity to meet in private with oversight bodies including members of Citizens Advisory Committees, non-governmental and community agencies active within the facility during their placement in segregation. The OCI and CAC should have unrestricted access to all parts of the prison. Other non-governmental organizations and community agencies should have access to all parts of the prison in as broad a possible manner.
B. TRANSFERS
10. Transfers of women shall require approval of the Deputy Commissioner of Women, who shall have functional line authority over decisions relating to federally sentenced women.
C. EXTERNAL OVERSIGHT
The Office of the Correctional Investigator
11. As one of the key external oversight bodies involved in monitoring the treatment of federally sentenced women within corrections, the independence of the Office of the Correctional Investigator should be increased through a direct appointment by and reporting relationship to Parliament. This would allow the Correctional Investigator to table reports directly to Parliament on findings and recommendations resulting from individual complaints or investigations and ensure administrative independence from the same Minister that supervises and is accountable for CSC’s performance.
12. The Office of the Correctional Investigator should be provided with increased resources and increased capacity to set up regional offices to monitor the treatment of federally sentenced women and the implementation of recommendations that the Correctional Investigator has made with respect to federally sentenced women who engage in self-harm.
Citizen Advisory Committees
13. Members of the Citizen Advisory Committees should be appointed through an independent selection process and should report to a body that is independent of the Correctional Service of Canada.
14. Citizen Advisory Committees should be required to publish annual reports. These reports should be made routinely available to the public.
15. Citizen Advisory Committee members should have unrestricted access to their local correctional centre at any time and should be provided the opportunity to talk to any prisoner or detainee, out of sight and hearing of members of staff, and this should include those federally sentenced women in segregation.
16. If a federally sentenced woman so wishes, he or she should be provided with the opportunity to put in a confidential request to see a member of the Citizen Advisory Committee. Federally sentenced women, including those on segregation, must be advised by CSC staff on a proactive and frequent basis, of their right to meet and speak with members of the Citizen Advisory Committees, Rights Advisors and Inmate Advocates, Patient advocates where relevant, and relevant non-governmental organisations.
Community Agencies and Supports
17. The Correctional Service of Canada should increase the availability of community supports and programming within its institutions.
18. Non-governmental agencies, including CAEFS advocates, should be provided with as broad as possible access to all parts of the correctional facility and confidential access to federally sentenced women in correctional facilities, including women held in segregation.
External Audits
19. The Correctional Service of Canada shall be required to commission periodic independent professionals audits in the following areas:
a. Best practices in the area of health care standards in prison;
b. Best practices in the area of prison standards for women offenders.
Legal Aid Clinics
20. It is recommended that the Correctional Service of Canada fund independent legal clinics, whose mandates and oversight will be facilitated via a recognized faculty of law, staffed by qualified lawyers with expertise in prison law, that will provide representation for federally sentenced women in respect of segregation reviews, security classification reviews, involuntary transfer proceedings, and institutional and related criminal charges.
Prison Inspection
21. Canada should ratify the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, as adopted by the General Assembly of the United Nations by resolution A/RES/57/19 and establish a system of unannounced and unrestricted inspection visits to all places where persons are deprived of their liberty by independentinternational andnational monitoring bodies.
D. THE INDEPENDENCE OF MEDICAL PROFESSIONALS
22. All staff providing mental health care shall be first and foremost accountable to their professional bodies and maintain professional standards.
23. CSC should explore greater institutional ties with public health service providers, including through secondments and joint partnerships.
E. INTERNAL REPORTING STRUCTURES
Women Offender Sector
24. It is recommended that the Deputy Commissioner for Women have line authority over all matters relating to federally sentenced women.
25. It is recommended that the federally sentenced women’s facilities be grouped under a reporting structure independent of the Regions, with the Wardens of the women’s institutions reporting directly to the Deputy Commissioner for Women.
F. BODY CAVITY SEARCHES
26. It is recommended that CSC maintain and affirm its policy that body cavity searches are not to be performed without the consent of someone capable of consenting. If a woman is found to be incapable of consenting, relevant provincial legislation should be followed to seek consent from a substitute decision maker.
27. It is recommended that CSC promulgate a policy in respect of body cavity searches that makes it clear that seeking consent to conduct a body cavity searches is to occur only as a last resort when the safety of a woman is in imminent danger and all other therapeutic interventions have been tried and failed. The policy should specify that “all other therapeutic interventions” includes but is not limited to (a) peer support and advocacy, (b) contact with staff known to have a good rapport with the detained woman, (c) contact with family or other community support people, (d) one on one, long term, intensive intervention by a psychiatrist or psychologist, (e) one on one, long-term, intensive intervention by a supportive staff member, (f) use of skilled negotiators, (g) therapeutic de-escalation techniques, (h) x-ray or other medical imaging.
28. It is recommended that any body cavity search authorized in respect of a federally sentenced woman, including women detained at RPC or Pinel or a provincial health care facility, be reported within 24 hours to the Deputy Commissioner for Women, the Chief Psychiatrist for CSC and the Office of the Correctional Investigator.
G. SECURITY CLASSIFICATION
29. As outlined in the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders ('theBangkok Rules'), mental disability should be a mitigating factor in the determination of security classifications. Authorities should ensure that those with mental health care needs are housed in accommodation which is not restrictive, and at the lowest possible security level, and receive appropriate treatment, rather than being placed in higher security level facilities solely due to their mental health problems.
H. IMPLEMENTATION OF RECOMMENDATIONS
30. It is recommended that the OCI monitor and report publicly and in writing on the implementation of the recommendations made by this jury annually for the next 10 years.
31. It is recommended that implementation reports be submitted to the Minister of Public Safety, and should be made available to the public via CSC and the Ministerial website.
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