Solitary: A Case for Abolition

112 Pages·2016·8.48 MB·English

WEST COAST PRISON JUSTICE SOCIETY

SOLITARY
a case for abolition
West Coast Prison Justice Society
SOLITARY: A CASE FOR ABOLITION
November 2016
Dedicated to Chris Roy.
Acknowledgements
This report was produced by the West Coast Prison Justice Society/Prisoners’ Legal Services with
funding from the Law Foundation of British Columbia.
The West Coast Prison Justice Society operates Prisoners’ Legal Services, a legal aid clinic for federal and
provincial prisoners in British Columbia. This report was written by staff at Prisoners’ Legal Services and
was developed with input from our clients. We thank our clients for sharing their experiences with us in
support of this report and we hope that in doing so, they may help others to avoid their suffering from
being placed in solitary confinement.
We also thank Professor Michael Jackson for his invaluable contribution to this report.
CONTENTS
Executive summary ......................................................................................................................................... 4
Introduction .................................................................................................................................................... 6
Deinstitutionalization .................................................................................................................................... 10
The origins of solitary confinement ................................................................................................................ 11
Solitary confinement in the federal system .................................................................................................... 13
The history of solitary confinement in Canada ...................................................................................................... 13
The Corrections and Conditional Release Act ..........................................................................................................15
The Arbour Report ................................................................................................................................................. 15
The Task Force on Administrative Segregation ....................................................................................................... 17
A Work in Progress report ...................................................................................................................................... 18
The death of Ashley Smith ..................................................................................................................................... 18
The death of Edward Snowshoe ............................................................................................................................. 19
The death of Christopher Roy ................................................................................................................................ 20
The Correctional Investigator’s 2014-2015 Annual Report .................................................................................... 20
The Correctional Service of Canada’s current scheme ........................................................................................... 22
Alternatives to solitary confinement attempted in the federal system .................................................................. 23
Federal prisoner accounts ...................................................................................................................................... 27
Solitary confinement within British Columbia Corrections ............................................................................. 41
The history of solitary confinement in BC prisons .................................................................................................. 41
BC Corrections’ current scheme ............................................................................................................................. 42
Alternatives to solitary confinement attempted within BC Corrections ................................................................. 46
Provincial prisoner accounts .................................................................................................................................. 46
The consequences of solitary confinement .................................................................................................... 54
Mental and physical health effects ........................................................................................................................ 54
The safety and security justification for solitary confinement ............................................................................... 56
Fiscal cost implications ........................................................................................................................................... 57
Canada’s obligation under international law .................................................................................................. 59
Lessons learned from other jurisdictions and contexts ................................................................................... 62
United States .......................................................................................................................................................... 62
United Kingdom ..................................................................................................................................................... 67
Forensic psychiatry – seclusion rooms ................................................................................................................... 69
Legislative and policy transformation needed to abolish the use of solitary confinement .............................. 71
Reducing the number of prisoners in custody and in high security ....................................................................... 73
Procedural fairness and oversight .......................................................................................................................... 75
Prisoners with mental health concerns .................................................................................................................. 78
Mental health support ........................................................................................................................................... 80
Staffing ................................................................................................................................................................... 83
Increased use of dynamic security ......................................................................................................................... 84
Mediation and short-term cell lock-up ................................................................................................................... 85
Work, programs and education .............................................................................................................................. 86
Voluntary segregation ............................................................................................................................................ 86
Trauma-informed corrections ................................................................................................................................ 87
The role of medical professionals in prisons .......................................................................................................... 89
Solitary confinement of youth ....................................................................................................................... 94
Recommendations .......................................................................................................................................... 96
Endnotes ..................................................................................................................................................... 101
EXECUTIVE SUMMARY
“[Solitary confinement is]…the most individually destructive, psychologically crippling
and socially alienating experience that could conceivably exist with the borders of a
country.”
Michael Jackson, Q.C.
Evidence shows that solitary confinement both human and financial, its efficacy and its
makes prisoners with existing mental compliance with domestic and international law.
disabilities worse, and can cause severe
Although the Correctional Service of Canada
psychological symptoms, including self-harm
and BC Corrections have taken some measures
and suicide, in prisoners without existing mental
to limit the use of solitary confinement over the
disabilities.1 Its use on prisoners with mental
years, our clients continue to be held in long-
disabilities is considered cruel treatment by
term isolation and continue to report disturbing
the United Nations, and its use on prisoners
examples of staff misconduct and conditions
without pre-existing mental disabilities is
of confinement that violate basic standards of
considered torture or cruel treatment after only
human dignity. In our view, any scheme that
15 days.2 Solitary confinement does nothing to
continues to allow for the solitary confinement
rehabilitate prisoners – in fact, it makes their
of prisoners for any amount of time would
successful reintegration back to society more
allow such abuses to continue. Inherent in a
difficult.
scheme that would allow for the isolation of
Prisoners’ Legal Services calls for the people without daily meaningful human contact
abolishment of solitary confinement for all is a culture that does not respect basic human
prisoners. The Correctional Service of Canada dignity.
and BC Corrections should strive to do more
It is easy to point to the deleterious effects of
than prevent torture or cruel treatment for
solitary confinement and say that it should be
the people in their care by ensuring that
abolished. What is more difficult is to establish
prisoners are treated with dignity, and live in an
alternatives to the use of solitary confinement
environment where rehabilitation is prioritized.
that will increase the safety of prisoners, prison
For these reasons, we call for correctional
staff, and ultimately society. This report draws
authorities to end the practice of solitary
upon history, research and examples from other
confinement entirely, rather than merely placing
jurisdictions and contexts, to provide a set of
limits on its use where it is considered to have
recommendations for establishing best practices
crossed the line of torture or cruel treatment.
for the care of one of the most vulnerable
The practice of solitary confinement has come populations in Canada – prisoners at risk of
under increased scrutiny across jurisdictions solitary confinement.
over the past several years, from various entities.
Prisoners’ Legal Services calls on the
Its use is being questioned in terms of its cost,
governments of Canada and British Columbia,
4 WEST COAST PRISON JUSTICE SOCIETY
and their correctional services, to do more correctional population management practices
than abolish solitary confinement. We call and mental health supports are necessary to
on them to establish adequate numbers of ensure that correctional practices do not slip
specialized mental health units to address the back into old, abusive habits.
specific therapeutic needs of prisoners, and to
The Correctional Service of Canada and BC
widely implement a trauma informed approach,
Corrections will not succeed in abolishing
dynamic security and de-escalation practices in
solitary confinement without legislative reforms,
all correctional settings in order to prevent the
additional resources at the outset, strong
behaviours that have led prisoners to be placed
leadership and a significant change to the
in solitary confinement. External oversight of
culture of corrections.
SOLITARY: A CASE FOR ABOLITION 5
INTRODUCTION
“Ultimately, the goal of a more secure society will only be achieved through a criminal
justice system that is fair and just, and where the dignity of all detained persons is
respected”.3
Association for the Prevention of Torture
Canadian prison officials often deny that Solitary confinement, administrative segregation,
Canada uses “solitary confinement”. In its separate confinement, enhanced supervision,
response to a legal challenge launched in observation cells – regardless of the language
2015 against the use of solitary confinement, used, the practice involves keeping prisoners
the Canadian government stated: “It is different isolated with little meaningful human contact or
from and not analogous to the concept of interaction.6 While not all conditions of solitary
solitary confinement referred to in many foreign confinement are the same across jurisdictions,
jurisdictions and should not be confused with “[t]hree main factors are inherent in all solitary
it…inmates in administrative segregation do not confinement regimes: social isolation, with little
suffer from the alleged effects as a result of their meaningful contact or interaction, reduced
placement”.4 activity and environmental input, and loss of
autonomy and controls over almost all aspects
According to Juan Méndez, the United Nations
of daily life.”7
Special Rapporteur of the Human Rights
Council on Torture and other cruel, inhuman or It is clear to the staff at Prisoners’ Legal Services
degrading treatment or punishment: that when federal and provincial clients are
subjected to administrative segregation,
There is no universally agreed upon
separate confinement, observation or enhanced
definition of solitary confinement. The
supervision, they are in solitary confinement.
Istanbul Statement on the Use and Effects
of Solitary Confinement defines solitary The practice of solitary confinement in Canada
confinement as the physical isolation of has garnered attention due to reporting of
individuals who are confined to their cells for several disturbing deaths, including Ashley
22 to 24 hours a day. In many jurisdictions, Smith, Edward Snowshoe, Christopher Roy and
prisoners held in solitary confinement are recently the case of Terry Baker.
allowed out of their cells for one hour of
Ashley Smith died of self-strangulation on
solitary exercise a day. Meaningful contact
October 19, 2007 while on suicide watch
with other people is typically reduced to a
at Grand Valley Institution, after spending
minimum. The reduction in stimuli is not
a considerable amount of her sentence in
only quantitative but also qualitative. The
solitary confinement. She had a long history
available stimuli and the occasional social
of self-harm. In 2013, the Coroner’s Inquest
contacts are seldom freely chosen, generally
jury in her case came back with a finding of
monotonous, and often not empathetic.5
homicide, indicating that the actions of others
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contributed to her death. No one was ever These are only a few tragic examples of the
convicted for their role in Ms. Smith’s death. devastating effects that solitary confinement has
The coroner’s inquest into her death made on prisoners in Canada. Since January 1, 2012,
104 recommendations, which have yet to be Prisoners’ Legal Services has received 728 calls
substantially implemented. from federal prisoners requesting assistance
regarding their segregation placement. Of those,
Edward Snowshoe was a federal prisoner
36 calls were from women. During the same
who spent 162 days in solitary confinement
period, Prisoners’ Legal Services received 424
and eventually hanged himself in 2010, while
calls from provincial prisoners seeking help with
housed in solitary confinement at Edmonton
their separate confinement placement. Of the
Institution, a federal maximum-security
provincial calls, 20 were from women. The vast
institution. The inquiry into his death resulted
majority of these clients have suffered at the
in 12 recommendations, including one for
hands of the Canadian and British Columbia
external oversight of segregation reviews. This
governments what the United Nations considers
recommendation was not implemented.
to be either torture or cruel treatment.
Christopher Roy was a federal prisoner housed
Federal and provincial prisoners often complain
at Matsqui Institution, a medium-security prison
to Prisoners’ Legal Services about their
in British Columbia. Mr. Roy hanged himself on
conditions of confinement. All of these prisoners
June 3, 2015 after spending 60 days in solitary
report being held in a small cell for at least 23
confinement. Evidence was heard at a British
hours per day with very little human interaction.
Columbia Coroner’s Inquest that Mr. Roy’s
Prisoners often report that many staff treat them
requests for reading material or access to a
with disdain in a manner that undermines their
television were denied, despite the fact that his
basic human dignity.
mental health was deteriorating.8
Prisoners describe segregation cells as being
The necessity for the immediate implementation
small and sparse rooms, containing a bed, desk,
of the Ashley Smith recommendations, and
shelves, toilet and sink. Prisoners sleep and eat
other recommendations, becomes even more
all meals in their cell, in close proximity to the
pressing when one looks at the death of Terry
toilet. They report that food is often served cold
Baker, a female federal prisoner also housed at
and the cells are often filthy.
Grand Valley Institution. Ms. Baker was found
unresponsive in her segregation cell (the same Both federal and provincial prisoners report
unit where Ashley Smith was housed at her that contact with correctional, medical and
death) on July 4, 2016. Reports indicate that she psychological staff is limited to very brief visits,
was found with a ligature around her neck.9 She usually through the cell door where there is no
died two days later after being removed from privacy from guards or other prisoners. Access
life support. The similarities to Ashley Smith’s to school, chaplains, Elders and other religious
death are undeniable, as is the feeling that Ms. leaders is limited. Contact with other prisoners
Baker’s death was preventable. Like Ms. Smith, is usually limited to yelling through cell doors.
Ms. Baker had “significant and well-documented Prisoners report that they do not have access to
mental health issues,”10 yet despite this and programs.
despite the recommendations in the Ashley
Both federal and provincial clients report that
Smith Inquest, she was still placed in solitary
psychological reviews last about 10 minutes.
confinement.
When our clients tell psychological staff that
SOLITARY: A CASE FOR ABOLITION 7
they need more human interaction, they report flooding their cells, or even throwing urine or
feeling that staff are impatient with no time feces at correctional officers.
to really talk. Our clients often report feeling
Although both federal and provincial prisoners
that psychological staff ignore their feelings
receive regular segregation or separate
of isolation. It is not uncommon for people to
confinement reviews, these reviews appear
express their mistrust for institutional mental
to be pro forma proceedings that do not
health and health care staff, in part due to the
adequately address mental health concerns.
way they are treated by some staff and also in
Prisoners report feeling that the decision
their observations of the close relationships
makers’ minds were made up at reviews, and
health care staff have with correctional staff.
that it did not matter what they had to say. They
Federal and provincial prisoners on suicide watch report not being given any idea of what they
are held in cells in administrative segregation needed to do to get out of solitary confinement.
units. These are not therapeutic environments In provincial centres, prisoners are not provided
conducive to recovery. Prisoners’ Legal Services an in-person review. Rather, they are simply
has received numerous reports of provincial provided a document outlining the outcome of
prisoners being held in separate confinement their review with sparse reasons explaining their
units locked up 23 hours per day for weeks while continued solitary confinement placement.
certified under the Mental Health Act waiting for
The people our governments are putting
a bed at the Forensic Psychiatric Hospital, with
in solitary confinement are vulnerable and
no greater access to psychiatric care than other
marginalized. The Correctional Investigator of
prisoners in separate confinement.
Canada’s research demonstrates that federal
Federal and provincial prisoners report that they prisoners who have a history of segregation
are often denied their hour of outdoor exercise. are more likely to have behavioural issues,
They are often provided an hour of time total mental health issues, and issues with cognitive
for exercise, showering, cell cleaning and phone thinking.11 Eighty-seven percent of prisoners
calls, including those to legal counsel. with a history of self-injury have spent time in
segregation.12
In BC Corrections’ segregation units, prisoners
are not permitted televisions and are left with The overall prison population is comprised
nothing to occupy their minds. Prisoners can of people who have experienced above
be held in segregation units as punishment for average rates of childhood and adult trauma
disciplinary infractions, and also under separate and victimization.13 Close to 70 percent of
confinement status which can last for months or federally sentenced women report histories
even years. Federal prisoners are also sometimes of sexual abuse and 85 percent report having
denied access to television. Both federal and been physically abused.14 For many, the
provincial prisoners report difficulty accessing trauma began with childhood abuse. Figures
books and personal effects. from the United States show that the rates of
trauma experienced by male prisoners is also
Both federal and provincial prisoners often
significant.15 It is recognized that traumatic
report that they are denied request and
experiences correlate to an increased risk of self-
complaint forms.
injurious behaviour.16
Some prisoners become so affected by the
The link between childhood abuse and adult
constant isolation and lack of any control over
victimization, mental health issues, substance
any aspect of their lives, that they resort to
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abuse and criminality is widely acknowledged.17 This dramatic reduction on the use of solitary
It is estimated that the prevalence of mental confinement is encouraging, and we commend
health issues in federal prisons is two to three the federal government and Correctional Service
times higher than in the general community,18 of Canada for their efforts to reduce reliance on
with 62 percent of incoming female prisoners this repressive tool. The old refrain that solitary
requiring further mental health evaluation and confinement is the only option no longer rings
50 percent of incoming male prisoners requiring true. If it is possible to reduce the numbers so
further mental health evaluation.19 significantly over a short period of time, it is
possible to eliminate its use entirely.
Up to 90 percent of the federal prison
population have a substance abuse problem.20 It is difficult to estimate the rates of prisoners
BC Corrections estimates that 56 percent of segregated by BC Corrections, including those
provincial prisoners have mental health or with mental disabilities or cognitive impairments.
addiction problems,21 although the number is Prisoners’ Legal Services made several requests
likely higher. to BC Corrections for data prior to publishing
this report. BC Corrections failed to provide any
Sixty-nine percent of federal prisoners flagged
meaningful recent data by the date of printing.
with mental health issues in maximum security
Based on limited snap-shot data from April 2014,
federal prisons had been in long-term solitary
we know that the number of prisoners held in
confinement in the last six months at mid-year
segregation or separate confinement for more
2015-2016, with an average stay of 81 days. This
than 15 days, or in Enhanced Supervision Program
statistic is virtually identical to the period prior.22
(ESP) by BC Corrections was approximately 8.3
The average length of stay for all prisoners in
percent of the total prisoner population.28
solitary confinement was 27 days in 2014-2015.23
Prisoners’ Legal Services is concerned that the
Indigenous and black prisoners are over-
rates of solitary confinement in British Columbia
represented in federal segregation.24
prisons are excessively high, and that the number
of prisoners with mental disabilities who languish
The total number of federal admissions into
in solitary confinement without adequate
administrative segregation between 2010 and
treatment is disturbing.
2015 remained fairly steady. In the 2014-15
fiscal year, there were 6,726 admissions to
Both Canada and British Columbia have a long
administrative segregation.25
way to go toward eliminating reliance on solitary
confinement. In this report, we will look at the
Between March and December, 2015, the
history and developments related to the use
federal rates of administrative segregation
of solitary confinement in Canada and British
decreased by 34 percent, and the number
Columbia, and offer a path to corrections
of prisoners spending more than 60 days in
that respects the dignity of all prisoners, that
solitary confinement decreased by 52 percent.
will produce better outcomes in terms of
From April 2014 to March 2016, the national
rehabilitation for prisoners and the overall safety
administrative segregation rate fell from 5.1
of our communities, inside and outside of prison.
percent to 3.1 percent.26 This reduction on the
reliance on solitary confinement followed public
criticism of the Correctional Service of Canada’s
lack of action after the release of the Ashley
Smith inquest recommendations, and media
reports of the death of Edward Snowshoe.27
SOLITARY: A CASE FOR ABOLITION 9
DEINSTITUTIONALIZATION
The rise in the numbers of prisoners replacement for the larger, centralized, asylum-
with mental illnesses in Canada and like psychiatric hospitals that were in use at the
British Columbia is largely due to the time.34 This led to the downsizing of Riverview
deinstitutionalization of psychiatric hospitals Hospital and the transfer of patients closer to
in the mid-20th century, which happened their home communities, and theoretically their
across North America and parts of Europe. support networks. The population of Riverview
Inpatient beds at psychiatric hospitals were continued to decline over the next half-century,
closed and psychiatric patients were discharged until it eventually closed in 2012.
into the community.29 The idea behind
This type of decentralization was happening all
deinstitutionalization was to reduce the high cost
across Canada. According to Statistics Canada,
of inpatient services and reallocate the savings
between 1965 and 1980, there was a decrease
toward more community supports that could
in psychiatric hospital beds in Canada from
help more people.30 The intent was also to end
69,128 beds to 20,301. In British Columbia,
the “warehousing” of mental health patients in
between 1965 and 1981 there was a 47 percent
asylums and allow them to be active participants
decrease in inpatient psychiatric hospital beds,
in their own treatment plans, while living in the
from 6,371 to 3,372.35 Although closure of these
community. In reality, what happened was an
institutions was largely considered positive
influx of people with psychiatric illnesses onto
due to the alleged abuses and overall failures
the street with inadequate community based
of this system, the Canadian and provincial
resources to help them.
governments ultimately failed to adequately
This led to unintended consequences, including resource community-based alternatives.
“poor nutrition, access to legal and illegal
As a consequence of this, the criminal justice
drugs and abysmal housing”31, as well as the
systems, and specifically the prison system, has
criminalization and incarceration of many people
taken over the role of the psychiatric hospitals,
with serious mental illnesses. People with severe
despite lacking the appropriate infrastructure,
mental illness were, and continue to be, arrested
training or institutional culture to care for people
for minor crimes that are often reflective of the
with mental illnesses. Often these prisoners
symptoms of their illnesses.32
exhibit behavioural problems caused by mental
British Columbia opened the Hospital for the illness, and end up in solitary confinement.
Mind on the Riverview lands in Coquitlam in
the early 20th century. Over the course of half
a century, the hospital was downsized and
renamed several times, but eventually, in 1966,
it was renamed Riverview Hospital.33
In 1964, a new Mental Health Act was
passed in British Columbia that encouraged
community operated mental health services as a
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