Task Force Report on Administrative Segregation

A. Opening Comments

It is helpful for the reader to understand some of the dynamics and forces that shaped the deliberations, observations and recommendations of the Task Force. The responsibility that the members of the Task Force felt throughout the process was to serve as an effective catalyst in shaping a positive change in the culture of the Correctional Service of Canada, in how segregation operations are maintained in full conformity with the law, and how the law governing segregation and separation from the general inmate population is viewed by all levels of the organization.

Correctional jurisdictions have developed categories of separation of the incarcerated population into maximum, medium and minimum security penitentiaries in order to control and manage the risk that offenders can pose to the community, to staff and to one another. The separation of these populations provides the Correctional Service of Canada with the means of managing sentences imposed by the courts in a way that ensures safe, secure, and humane treatment while encouraging and assisting offenders to become law abiding citizens. The appropriateness of this classification system to women offenders remained a controversial issue - an issue that was not reviewed by the Task Force.

Segregation is one of many population management alternatives available to operational personnel within penitentiaries. When, how and why Wardens and their staff elect to use segregation is a function of the overall context of the institutions in which such decisions are taken. Segregation is an extreme option and signals that all other reasonable alternatives have been considered as being unavailable or ineffective. It is the responsibility of all correctional administrators to create an environment where meaningful alternatives to segregation are the well established norm and where all personnel and offenders alike are committed to the pursuit of options that minimize the need for such dramatic intervention. It is clear to me that those institutions in which the use of segregation is minimized, and expertly managed, are healthier and more productive environments for personnel and inmates.

The work of Madame Justice Arbour in her examination of the incidents at the Prison for Women served as a consistent reference point for the Task Force. As her report was reviewed and reread time and again throughout our deliberations, I became increasingly impressed by the quality of analysis that was reflected in her report. Despite the hard messages contained therein, her report presents an informed and articulate opinion that cannot be lightly regarded.

The Task Force determined that the recommendations made by Madame Justice Arbour on external review cannot be implemented without amendments to the existing legislation. In light of this and the need to more fully understand the operational implications of putting external review in place, the Task Force believes that a more careful examination is required. It has recommended therefore the evaluation of an independent adjudication model, that approximates the intent of Madame Justice Arbour’s recommendations.

Although compliance with the procedural requirements of the law is critical, it is not the sole objective. It is simply a necessary condition that must be fulfilled and maintained while working to the legal objective, which is to minimize the use of segregation and ensure effective and safe reintegration of segregated inmates into less restrictive correctional environments. This objective can only be achieved by changing the way the purpose of segregation is viewed by staff members and managers who actually make the critical decisions regarding segregation, and by ensuring that their attitude and actions are consistent with the principles and demands of the law.

The Task Force was made up of individuals, each well respected within their community of influence and who hold widely differing views and philosophies regarding the law, corrections in general and segregation in particular. The following report is the product of many hours of lively, often heated discussion and debate. The fact that consensus was achieved out of views that were so disparate, yet passionately held, testifies to the value of open and honest discussion.

Because it is vital that this dialogue with outside participants continue, the final recommendation of the Task Force is the creation of a Segregation Advisory Committee whose mandate would extend over the time it takes to develop and implement the recommendations of this report.

Dan Kane, Chairperson

Task Force Reviewing Administrative Segregation