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1
Permanent Oversight of SIUs in Canadian Corrections
Ethan Meyer
1147874
POLS*3300
Professor Mcnabb
March 24, 2023
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1.Introduction:
A current issue in the Canadian criminal justice system is the use of structured intervention
units (SIU), which seem to be just another name for solitary confinement. Officially, solitary
confinement has been abolished in prisons across Canada through bill C-83, but inmates are still
subject to torture while in isolation for extended periods of time. Structured intervention units is
a new model adopted by corrections services in Canada where the model is to help inmates for
their reintegration back into the main prison population and for protection from themselves or
others. Inmates placed in SIUs are supposed to have the same access to services, programs, and
activities as inmates in the general population, with a minimum of four hours each day outside
their cell and 2 hours of human contact (Government of Canada, 2022). Through this new model
of structured intervention unit’s inmates are subject to far better treatment than the prior model of
solitary confinement. Legislatively, structured intervention units rather than solitary confinement
sound perfect for prisons in Canada, but unfortunately, it is reported that through these SIUs
prisoners are still subject to the same treatment as with solitary confinement, prompting the
question, are structured intervention units just another name for solitary confinement? A form of
segregation is necessary in prison to maintain the safety of an inmate, the safety of other inmates,
and for investigation purposes, but through segregation, an inmate's rights must be upheld
through the process. Regarding this issue in the Canadian criminal justice system, I recommend
and will be arguing throughout this report for the implementation of permanent oversight bodies
for the structured intervention units in prisons across Canada, to combat solitary confinement
under another name. This recommendation is very important in this policy area as having
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permanent oversight for SIUs makes sure inmate's rights who are placed in SIUs are protected
under the Charter of Rights and Freedoms.
2. Background and current situation:
The current situation surrounding solitary confinement is that November 30th, 2019,
marked the end of solitary confinement in Canadian prisons through bill C-83. Abolishing
solitary confinement was a good step in the right direction of protecting inmates' rights under the
charter, but evidence shows forms of solitary confinement are still happening in Canadian
prisons just through other various names. Forms of solitary confinement range from SIUs, dry
celling, lockdowns, and mental health monitoring which are all different forms of segregation for
prisoners just with different names, but the treatment prisoners receive are all the same. With the
abolishment of solitary confinement, corrections services implemented a new model called the
structured isolation unit to be a more humane way to isolate prisoners. The public was very much
in favor of this new implementation of SIUs because it protected the rights of inmates in
segregation offering equal services and programs as those still in the general population of the
prison. The SIUs protect the rights of inmates in isolation with more benefits than solitary
confinement like 4 hours out of the cell and 2 hours of human contact each day, but it is also
stated there is no maximum time limit in the SIUs as isolation is required to end as soon as
possible. The current issue in the justice system is not the new model of SIUs but that in the
prisons these guidelines set out for how SIUs are to operate are not being followed. Some
Prisoners are not getting the 4 hours outside of the cell that is required, others are not getting the
2 hours of human contact, and others are being isolated for an extended amount of time. As
stated by the United Nations solitary confinement lasting longer than 15 days is torture and the
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argument can be made that a good portion of people placed in some form of segregation has
lasted longer than 15 days. Although there is no maximum timeline to be isolated most lengths of
segregation would be considered inhumane and torture by the United Nations. Currently, there
are no cases before the supreme court regarding how SIU requirements are not being upheld in
prisons making them another form of solitary confinement, but in the future, if nothing is done
about the issue a case is bound to arise. In the past, there have been many cases before courts
about solitary confinement and the harsh treatment of inmates. Leading up to bill C-83, in two
cases, Courts of Appeal in Ontario and British Columbia found that solitary confinement violates
sections 7 and 12 of the Canadian Charter of Rights and Freedoms (Doob and Sprott, 2021). As
these cases were happening the government was in passing of bill C-83 that had different
standards around segregation and new rules for segregation. These SIUs were meant to not
violate any rights and would not be considered solitary confinement. Now three years after the
implementation of bill C-83, reports done on corrections facilities in Canada are all coming to
the same conclusion that the SIUs are not functioning properly under the law. Across provinces,
inmates have experienced significantly different treatment through SIUs with no consistency
throughout the regions. This is a major issue as all corrections facilities should operate
consistently no matter where in Canada. The issue of solitary confinement still happening just
under a different name is an important issue in Canada. Through the next section of this report,
different options will be outlined, and a specific policy area looked at further in-depth
mentioning various factors that must be taken into consideration.
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3. Key Considerations:
When examining the issue of solitary confinement in Canadian corrections it is apparent
that there are ongoing issues that demand change. Different options for change in this policy area
are the removal of isolation and segregation techniques fully from the system with no option of
isolation for inmates or the implementation of a permanent oversight body that is external for
SIUs in prisons. These two options are the only way I see changing this policy area because even
with the implementation of bill C-83, the new rules, and regulations of SIUs are still not being
followed allowing for solitary confinement to continue even though under the law it is not
supposed to. Removing forms of segregation fully from the prisons in Canada could be a helpful
alternative to making sure inmates' rights are protected and that no violations are occurring. Even
though this sounds good it comes with its own set of problems as by taking away forms of
segregation, some other form of a restorative justice technique would have to take its place for
inmates who are a danger to themselves or others and need to be separated from the general
prison population. In addition, keeping the existing legislation of bill C-83 and the SIUs would
only allow for change with an oversight body. An oversight body to look after the SIUs and
make sure this form of segregation is lawful would go a long way in protecting the rights of
inmates placed in these units. A regulatory agency or institution to uphold inmates' rights placed
in SIUs would help ensure proper operation with inmates receiving equal services and programs
and ensure practices of solitary confinement are not happening under another name.
The particular policy choice that would be best fit for these issues surrounding solitary
confinement is a permanent oversight body for the SIUs across Canada. Having an oversight
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body monitor SIUs in corrections facilities across Canada has many pros and some cons. One pro
of having a permanent oversight body is to protect the rights of inmates. Under the Charter of
Rights and Freedoms, it was found that sections 7 and 12 violated inmates' rights when they were
placed in solitary confinement for a prolonged period. The new model of SIUs is supposed to
uphold their rights while in a form of segregation and isolation. If all actions are monitored by an
oversight body, then corrections will have to conform to the law and grant prisoners their rights.
Through findings, the data collected from correctional services Canada for SIUs in the first year
they were implemented showed many inmates did not receive the required 2 hours of human
contact or 4 hours required out of the cell, with hundreds of individuals being held in SIUs for
over a 2 months’ time (Iftene, 2020). Obviously, these inmates being denied their time out of the
cell and human contact is a violation of their rights and not lawful as it goes against the reason
bill C-83 and SIUs were implemented. To make sure inmates' rights are not being violated and
they are given the time out of cell required, oversight bodies are necessary to make sure
corrections are operating SIUs properly. Furthermore, through SIUs inmates are supposed to
have equal access to services and programs just like the general population in the prison. These
services and programs include mental health services, disability services, restorative programs,
etc. Services offered to inmates while in SIUs are very important for mental health and
well-being as well as helping to reintegrate them back into the mainstream prison population as
soon as deemed fit. Mental health is a huge issue in the Canadian prison population and being
sent to an SIU for an extended amount of time only makes it worse for inmates. A correctional
services Canada study done from 2000-2016 on deaths in custody noted that suicide was the
most common cause of non-natural death at 18 % (Cameron et al., 2021). Offering programs and
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services in SIUs are important for the inmate's health and having an oversight body to ensure
these services are offered to inmates in the SIU could save many lives and help a lot of inmates.
For instance, the majority of the people who make up these structured isolation units are people
previously diagnosed with mental illnesses and a disproportionate number of Indigenous peoples
(Iftene, 2020). This goes to show that mental health services along with other programs are
beneficial for inmates kept in SIUs and with an oversight body, it will be made sure that these
services are offered to every inmate. Another pro of having a permanent oversight body for the
SIUs in Canadian corrections is that SIUs across Canada will be forced to operate in the same
manner with no differences between SIUs in different regions. Currently, between different
regions, there are different variations in how these SIUs are operated. When comparing short
stays of 15 days or less in SIUs in Ontario and Quebec, Quebec was almost 10 times higher
(Doob and Sprott, 2021). There could be many factors for why the data could be showing a huge
difference between these two regions, but the most likely reason is that the SIUs are operated
differently than another. When looking at the long stay rate every region other than Ontario is
triple Ontario's rate. These regions are the Atlantic, Quebec, Prairie, and Pacific, with the
Atlantic being the highest (Doob and Sprott, 2021). Evidently, there are differences between the
regions and how they operate their SIUs, as no jurisdiction is quite the same. Having an
oversight body to help advise and monitor these SIUs would go a long way in improving the
operations of SIUs across the country. As stated in the federalism lectures presented in the course
content, federalism identifies that the delivery of many programs and services requires
partnership and cooperation (Mcnabb, 2023). Through the delivery of an oversight body for SIUs
in Canada it will take cooperation and partnerships from many levels of government to make
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sure these forms of segregation are operating to the best of their ability. Having an oversight
body will help to ensure that from province to province these SIUs are operating in the same
manner and not just at a prison's discretion. Maintaining a standard of SIUs across Canada is
important to the rights of inmates and to help keep corrections accountable for their actions.
Some of the various factors that must be taken into consideration when exploring this
policy are that implementing a permanent oversight body for the SIUs in Canadian prisons is that
it would add another moving part to the corrections system and a hard cap would need to be put
into place. Firstly, a consideration of implementing an oversight body to monitor the actions of
corrections in terms of SIUs would be adding another moving part to the corrections system as to
make changes the SIUs would have to be monitored heavily by an oversight body. In the already
busy corrections system adding another moving part like an oversight body to keep a close eye
on SIUs might be seen as ridiculous in the eyes of some as a counter-argument for segregation of
inmates could be that these inmates already gave up their rights when they broke the law, so why
should we spend more money to be easier on them now? Putting in this oversight body is not
intended to make it easier for inmates or waste money, but it intends to make sure SIUs are
operating the way they are supposed to be by providing services and meeting the Charter of
Rights and Freedoms standards for inmates. The SIUs lack external oversight and show drastic
differences in terms of implementation all due to the lack of accountability which appears to
exist in correctional services Canada (Butler et al., 2022). To ensure the requirements of SIUs are
met, an oversight body would have to be very present in the operations of SIUs. Simply
observing data after a year or doing monthly check-ins is not going to cut it. This needs to be
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taken into consideration as daily check-ins of SIUs would almost be required to make sure
inmates are getting their hours out of the cell, human contact, and services they might need. This
could end up being a big job, costing a lot of money to have an oversight body set up across
Canada in each region, but would be necessary for improving SIUs in Canada. Secondly, a major
consideration in this policy area is that currently no maximum number of days can be spent in an
SIU, but for future considerations, a hard cap might be necessary. In terms of the SIUs, their goal
is to release inmates from SIUs as soon as possible, but there's no maximum time, so generally
speaking, an inmate could be in an SIU for as long as someone sees fit. Down the road this will
cause further issues for corrections services and especially SIUs, so making adjustments in this
area of the policy would be key to avoiding an issue of prolonged segregation in the future. In
the United Nations special rapporteur on torture states that keeping an adult in solitary
confinement or form of solitary confinement for longer than 15 days is considered torture
(Mouna, 2022). Through the passing of bill C-83, the purpose of getting rid of solitary
confinement was because it violated inmates' rights, so an alternative model was created to
provide the same function without violating rights. If a hard cap of 15 days is added to legislation
and an oversight body is implemented, it will ensure rights are not violated and solve the issues
surrounding solitary confinement still being used just by a different name. Likewise, another
counter-argument can be made that SIUs even with an oversight body monitoring operations are
still against inmates' rights. When bill C-83 was proposed, the public was in favor of it but since
the adoption of the new SIU model in prisons, many activist groups and political actors have
expressed their concern for SIUs. Indeed, SIUs are not the best place to be for an inmate, but it
must be considered that these forms of isolation are necessary for the prison system to maintain
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peace and protection of inmates. Introducing an oversight body to monitor the SIUs actions and
operations should end this argument as the rights and needs of inmates in segregation will be
met. All in all, the various considerations mentioned in this specific policy area should not be
taken lightly when taken into consideration, as the pros and cons of this policy are very
important in determining the best course of action to solve this issue.
4. Conclusions and Next Step:
In my expert opinion, the government of Canada needs to take the action of implementing a
permanent oversight body for SIUs in Canadian corrections to solve the issue of solitary
confinement. I recommend this action because, with the Canadian government's passing of bill
C-83 and corrections adopting the new model of SIUs, it is necessary for oversight to eliminate
the practices of solitary confinement in prisons under another name. The legislation in place
already protects the inmate's rights on paper, it is now time to add an oversight body to ensure
the rights of inmates are protected while in correctional SIUs as well. Implementing a permanent
oversight body across Canada will help to make sure SIUs in all regions are operating in the
same manner, inmates are receiving required hours out of the cell, human contact, and mandatory
services, so the inmate's rights are not being violated. An addition to the legislation that would be
recommended is that the number of days an inmate can be kept in SIUs be hard capped at 15
days consecutively, to not breach the prolonged period set out by the United Nations. All
considerations outlined in this report should be strongly considered regarding this issue of
solitary confinement still operating in Canadian corrections under a different name. The specific
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policy area mentioned has the capabilities to solve the issue and allow for corrections services in
Canada to be another step better, while still being held accountable.
Bibliography:
Government of Canada, C. S. of C. (2022, October 28).
Structured Intervention Units
.
Government of Canada, Correctional Service of Canada, Communications and Citizen
Engagement Sector. https://www.csc-scc.gc.ca/acts-and-regulations/005006-3000-en.shtml
United Nations. (2020, February 28).
United States: Prolonged solitary confinement amounts to
psychological torture, says UN expert
. OHCHR.
https://www.ohchr.org/en/press-releases/2020/02/united-states-prolonged-solitary-confinement-a
mounts-psychological-torture
Doob, A., & Sprott, J. (2021, May 10).
Dr doob & dr. Sprott's Siu Report
. The John Howard
Society of Canada. https://johnhoward.ca/drs-doob-sprott-report/
Iftene, A. (2020).
Solitary confinement continues in Canada under a different name.
Schulich
Law Scholars.
https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=1754&=&context=scholar
ly_works&=&sei-redir=1&referer=https%253A%252F%252Fscholar.google.com%252Fscholar
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ections%22
Cameron, C., Khalifa, N., Bickle, A., Safdar, H., & Hassan, T. (2021). Psychiatry in the federal
correctional system in Canada.
BJPsych International, 18
(2), 42-46. doi:10.1192/bji.2020.56
Mcnabb, D. (2023). POLS*3300 Governing Criminal Justice course notes, Federalism lecture
content. Retrieved March 20th, 2023.
https://courselink.uoguelph.ca/d2l/le/content/803621/viewContent/3411840/View
Butler, A., Rossiter, K., & Nicholls, T. (2022). Mental Health and the Criminal Justice System.
A
Concise Introduction to Mental Health in Canada
, 251.
https://books.google.com/books?hl=en&lr=&id=CLKFEAAAQBAJ&oi=fnd&pg=PA251&dq=S
IUs+prisons+canada+&ots=w9U0aISAtW&sig=aI9X8J5AWxYcECOyrHLnvOha5oQ#v=onepa
ge&q=SIUs%20prisons%20canada&f=false
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Mouna, L. (2022, September 5).
Abolishsolitary
. Campaign for the Abolition of Solitary
Confinement. https://abolishsolitary.ca/author/abolishsolitary/
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