Task Force Report on Administrative Segregation

C. Introduction

(a) Events Preceding the Task Force

On April 10, 1995, pursuant to Part II of the Inquiries Act, the Solicitor General of Canada appointed Madame Justice Arbour to investigate and report on the incidents that occurred at the Prison for Women in Kingston, Ontario. Part of the Commission’s mandate was to investigate "the subsequent confinement in administrative segregation of the inmates concerned, the reasonableness of their treatment while in segregation and the duration of the segregation" (p.viii).

In April 1996, the report, entitled the Report of the Commission of Inquiry into Certain Events at the Prison for Women in Kingston (Arbour Report), was released. Madame Justice Arbour concluded that CSC has a culture that does not respect the "Rule of Law". She further concluded that "the most objectionable feature of administrative segregation, at least on the basis of what [she] had learned from the Inquiry, is its indeterminate, prolonged duration which often does not conform to legal standards". Furthermore, "the segregation review process that [she] examined in this case was not operating in accordance with the principles of fundamental justice" (Arbour pp. 191-192). Madame Justice Arbour therefore proposed that the management of administrative segregation be subject to judicial supervision, or as an alternative, to independent adjudication in order to ensure strict compliance with the law and CSC policies.

(b) Terms of Reference

In response to the Arbour Report, the Acting Commissioner of Corrections established the Task Force in June of 1996 to complete a comprehensive review of the use of segregation by CSC. The mandate of the Task Force was:

1. to address the recommendations and issues raised by Madame Justice Arbour;
2. to examine the extent to which Madame Justice Arbour’s findings, relating to segregation at Prison for Women, were applicable to other institutions; and
3. to ensure that all staff members and managers were knowledgeable of legal and policy requirements and that measures to ensure continuing compliance were in place.

A three-phased approach was adopted to address the goals outlined in the Task Force’s mandate. In the first phase, a preliminary assessment was undertaken to measure the extent to which the operation of segregation units was in compliance with basic procedural requirements outlined in the Correctional and Conditional Release Act (CCRA), Correctional and Conditional Release Regulations (CCRR) and CSC policies.

Staff members and managers in institutions with administrative segregation units were given an orientation of their legal, regulatory and policy obligations and responsibilities, and action was taken to correct procedural deficiencies. The accuracy of management information systems used to monitor and report on the administrative segregation process were examined, and recommendations for improvement were made.

As a result of its preliminary findings, the Task Force extended its original mandate. It observed that some inmates were confined in units in the general inmate population under conditions which were sufficiently similar in nature to administrative segregation that they warranted examination. Although conditions of confinement in these units were less restrictive than conditions in administrative segregation (e.g. inmates could freely associate with other inmates), some substantive limitations were found (e.g. restricted opportunities for exercise and limited access to programs). The Task Force also extended its mandate to include all institutions for women offenders, whether populated or not, and units for maximum security women offenders co-located in institutions for men.

In phase two, a formal compliance audit was completed to ensure that any outstanding procedural deficiencies were corrected.

In phase three, the Task Force -

1. examined policy, operational, and research issues in order to make recommendations on improving the fairness and effectiveness of the administrative segregation process;
2. evaluated the use of independent adjudication; and
3. examined the requirement to develop less restrictive approaches to population management and assessed the ongoing review mechanisms that support the protection of individual rights and freedoms.

(c) Principles that Have Framed the Task Force’s Deliberations

The following seven principles guided the Task Force in making its observations and recommendations.

1. CSC must ensure that every inmate is placed in the least restrictive environment, taking into account the degree of custody and control necessary for the safety of the public, the safety of institutional staff, the safety of the inmate, and the security of the institution.
2. Administrative segregation is one of the most intrusive forms of interference with inmates’ rights of freedom, liberty, and association. The social isolation and sensory deprivation associated with administrative segregation not only are potentially harmful to inmates’ mental and physical health, but can seriously interfere with their ability to reintegrate safely and successfully into the community
3. Administrative segregation is only to be used as a last resort and when no other reasonable alternative exists. CSC’s primary objective must be to return segregated inmates promptly and safely to the least restrictive correctional environment possible.
4. The administrative segregation review process requires the highest degree of procedural fairness. This means that CSC employees must strictly comply with rigorous procedural safeguards, and ensure that they act fairly and within the scope of their legal authority in the segregation of inmates
5. Administrative segregation is understood to have more severe debilitating effects on women offenders. Women offenders can be more deeply affected by separation from the general inmate population.
6. Aboriginal peoples possess distinct legal rights including those in the Constitution of Canada which recognize and affirm existing Aboriginal and treaty rights. This legal reality is reflected in the distinct legal rights possessed by Aboriginal offenders in the CCRA. Administrative segregation of Aboriginal offenders severs community ties and this can extend the harm done to both the offender and the community. Placement in administrative segregation can disrupt healing opportunities and access to spiritual/cultural resources and practices.
7. Issues involving Aboriginal and women offenders must be approached as important correctional issues in their own right and not as afterthoughts to policies developed primarily for the non-Aboriginal male population.