Prisoners’ Legal Services Calls on Health Care Professionals to Stand Up Against Solitary Confinement in Canada
Prisoners’ Legal Services Calls on Health Care Professionals to Stand Up Against Solitary Confinement in Canada
Prisoners’ Legal Services (PLS) is rallying federal and BC health services bodies to develop policy to stop the abuse of solitary confinement in Canadian prisons.
The United Nations passed the UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules) on May 22, 2015. These rules prohibit the use of solitary confinement for more than 15 days for anyone, as it constitutes “torture or other cruel, inhuman or degrading treatment or punishment”. The rules also prohibit the use of solitary confinement on prisoners with mental or physical disabilities that would be exacerbated by solitary confinement.
Both the Correctional Service of Canada and BC Corrections allow prisoners with mental disabilities to be segregated. Neither jurisdiction has a limit on the length of time that prisoners may be held in solitary confinement.
PLS is aware of prisoners with mental disabilities being held in solitary confinement for extended periods of time, in some cases while certified under the Mental Health Act. Health care professionals generally interview prisoners through their solitary confinement cell doors where other prisoners and guards can hear the interview. Psychological assessments tend to be cursory and to focus on risk of suicide or self-harm. There is no requirement that prisoners be removed from solitary confinement if there are health care concerns regarding a prisoner’s mental wellbeing.
PLS calls on the Canadian Medical Association, the Canadian Psychological Association, the Canadian Nurses Association, the BC College of Physicians and Surgeons, the BC College of Psychologists and the BC College of Registered Nurses to issue policy directives to their members clarifying that medical professionals are prohibited from playing any role in the solitary confinement of prisoners.
Click here to see PLS’ letter to the Canadian Medical Association.
PLS also requests policy that would require medical professionals to report the use of solitary confinement on prisoners with mental disabilities or solitary confinement for more than 15 days to the applicable regulatory College of Physicians, federal Correctional Investigator or provincial Investigation and Standards Office, and the federal or provincial Minister of Justice, as required by the Mandela Rules.
Prisoners’ Legal Services
302-7818 6th Street
Burnaby, BC
Tel: 604-636-0470
Fax: 604-636-0480
Email: info@pls-bc.ca
We are grateful for the
funding provided by
How to Show Your Support
Help us to continue to fight for the human rights of prisoners in BC! PLS is currently litigating the important systemic issues of the segregation of prisoners with mental disabilities, access to health care, transgender prisoner rights, and access to religion and Indigenous spirituality. We need help to continue to do this important work. Donations to West Coast Prison Justice Society are non-charitable and are not tax deductible.
Donations can be made to
West Coast Prison Justice Society
Or by PayPal:
Please call us at 604-636-0470 or email us at info@pls-bc.ca if you would like to discuss your donation.
Thanks for your support!
No solitary confinement of mentally ill: lawyer
CSC fails to bring transgender policy in line with international standards
May 21, 2015
The Correctional Service of Canada (CSC) has ignored the most significant recommendations for respecting the rights of transgender prisoners made by Prisoners’ Legal Services (PLS).
Over a year after PLS provided CSC with policy recommendations regarding transgender prisoners, CSC has amended its policies with only minor changes that will have no positive impact on the lives of trans prisoners.
According to CSC policy, pre-operative trans women prisoners in Canada are forced to live in men’s prisons, which often results in women being sexually assaulted by male prisoners. Trans women prisoners may be forced to double bunk with male prisoners, they can be forced to be frisked, strip searched and urinalysis tested by male officers, and are not provided private shower facilities. Trans prisoners often have difficulty ordering personal effects according to their genders such as make up or deodorant. Despite PLS’ recommendations on each of these issues, the minor amendments to CSC policy that came into effect on April 27, 2015 have not changed any of these policies.
These significant human rights were recently protected by the Ontario Correctional Service which now allows trans prisoners to choose who will perform searches, requires trans prisoners to be housed according to their preference (unless there are proven overriding health or safety concerns), provides that trans prisoners must not be isolated (unless there are proven overriding health and safety concerns), allows trans prisoners to retain personal items, and provides for private shower and toilet facilities. The Ontario policy also provides for a comprehensive staff training program.
CSC policy continues to require trans prisoners who would otherwise qualify for sex reassignment surgery to live according to their genders in the community for 12 consecutive months. Prisoners who have been in custody for all or most of their adult lives are not able to meet this test, and for this reason will never be able to have their bodies reflect their genders, or live in an institution according to their genders, unless they are granted conditional release or reach their warrant expiry dates.
CSC also ignored PLS’ recommendation to abide by the international Standards of Care for the Health of Transsexual, Transgender, and Gender- Nonconforming People published by the World Professional Association for Transgender Health, regarding qualification for sex reassignment surgery. According to the Standards of Care, prisoners can qualify for sex reassignment surgery after living the “real life experience” of living according to one’s gender while in prison. This is also consistent with American case law that has found that a person can have a real life experience in prison (see Kosilek v. Spencer, 2012). It has also been adopted by the US Department of Justice, Federal Bureau of Prisons.
Prisoners’ Legal Services
302-7818 6th Street
Burnaby, BC
Tel: 604-636-0470
Fax: 604-636-0480
Email: info@pls-bc.ca
We are grateful for the
funding provided by
How to Show Your Support
Help us to continue to fight for the human rights of prisoners in BC! PLS is currently litigating the important systemic issues of the segregation of prisoners with mental disabilities, access to health care, transgender prisoner rights, and access to religion and Indigenous spirituality. We need help to continue to do this important work. Donations to West Coast Prison Justice Society are non-charitable and are not tax deductible.
Donations can be made to
West Coast Prison Justice Society
Or by PayPal:
Please call us at 604-636-0470 or email us at info@pls-bc.ca if you would like to discuss your donation.
Thanks for your support!