Canada’s Prisons Failing to Adhere to Solitary Confinement Rules, Report Reveals

A new report reveals that Canada’s structured intervention units (SIUs), which were introduced to replace solitary confinement, are disproportionately housing Black and Indigenous inmates as well as individuals with mental health issues. Additionally, the report found that many prisoners in these units are not receiving the mandated minimum of four hours outside of their cells. The units, intended as a humane alternative to solitary confinement, are failing to meet their goals.

Background and Significance

In 2019, Canada implemented SIUs to replace its former administrative segregation system, following court rulings that found the practice violated inmates’ rights. SIUs were introduced as a last resort, promising more checks on their use and ensuring inmates received adequate time outside of their cells, with a focus on providing programming and rehabilitation.

However, according to a report by an independent advisory panel published on Friday, these reforms have largely failed. The findings indicate that the problems within these units are systemic rather than isolated, leading to widespread violations of the revised legislation’s intent.

Key Findings and Concerns

The report, which paints a troubling picture of Canada’s prison system, stated that SIUs “are not working as intended” and that there has been little improvement in their implementation. It emphasized that the issues within the system are “fundamental, not peripheral”, underscoring a failure to provide the necessary oversight and conditions required by law.

Minister of Public Safety Dominic LeBlanc responded to the report by stating that the Correctional Service of Canada (CSC) is currently researching the “operational dynamics and conditions of confinement” in these units. The CSC plans to create an action plan to address the overrepresentation of marginalized communities in SIUs.

Disproportionate Impact on Marginalized Groups

The report reveals that certain groups, including Indigenous people, Black people, and those with mental illness, are disproportionately affected by the conditions in these units. Some alarming statistics from the report include:

• Indigenous people make up 5% of Canada’s population but account for 32.7% of the federal prison population and 44.2% of inmates in SIUs.
• Black people, who constitute 4.3% of the population, represent 9% of the federal prison population and 16.3% of the SIU population.
• People with mental health needs make up 19.8% of the prison population but 37.1% of those in SIUs.

Moreover, 40% of SIU stays last longer than a month, and marginalized groups tend to remain in these units for longer durations. Inmates with mental illness are more likely to have multiple stays, raising concerns about whether they are receiving the care and programming needed to address their conditions.

Lack of Specialized Programming

The SIUs were designed to offer specialized programming and interventions aimed at improving rehabilitation outcomes for inmates. However, the report notes that inmates in these units are not receiving the appropriate services, further compounding the challenges faced by Black, Indigenous, and mentally ill prisoners.

The Canadian government’s failure to adhere to the intended reforms raises serious questions about the effectiveness of the SIU system and its impact on already vulnerable populations. The overrepresentation of these groups highlights long-standing systemic issues within the country’s criminal justice system.

Government Response and Next Steps

In light of these findings, the Canadian government is under increased pressure to take decisive action. Public Safety Minister LeBlanc emphasized that the CSC is actively working on strategies to address the racial and mental health disparities within the system. However, many advocates argue that immediate reforms are needed to ensure that Canada’s prison system is truly focused on rehabilitation rather than punishment.

The report adds to a growing body of evidence that the Canadian government must not only reform the SIU system but also address broader structural inequalities in its criminal justice policies.