You can also be placed in a segregation cell and ‘dry-celled’ if the warden has reasonable grounds to believe that you have ingested contraband or are carrying contraband in a body cavity. In this case, water to the sink and the toilet are generally turned off.141
What procedures must be followed, and what rights do I have while in seg?
Because segregation is such an extreme and restrictive measure, there are numerous rules governing its use. Some of these concern procedural matters. For example, only certain people have the authority to make the decision to send you into segregation in the first place and, after that, other authorities and boards contribute to decisions on whether to keep you in or let you out of segregation. Other rules establish time frames that are supposed to be followed.
You have certain rights concerning the conditions of your imprisonment in seg. Some of these concern the access you must be given to the information the CSC is using against you. Other access issues concern your right to health care, and the legitimacy of limits placed on your continued right to access other services, programs and your belongings. There are also guarantees concerning your right to communicate with certain people while in segregation, including the warden, the Chair of the Prisoners’ [Inmate (sic)] Committee, advocates, your family, and – very importantly – your lawyer.
What can I do if my rights are violated?
If you feel that your rights have been violated, it is very important that you use the internal grievance process in place at the prison before you consider taking the matter to court. A court is unlikely to grant you a remedy if you have not gone through the internal remedy procedure first. (See the section on remedies for more information.)
However, there are a number of steps you can take in the short term in addition to filing a grievance. You should contact your lawyer if you have retained one. If you don’t have a lawyer and there are any charges pending, you should put in a request to see Legal Aid. You should also notify the Correctional Investigator at 1.877.885.8848 and inform her of any violation of your rights. Finally, you can contact the CAEFS information line at 1.800.637.4606.
What do I need to know about transfers?
You can be transferred to another penitentiary, a provincial jail or a hospital upon an order from the Commissioner or at your own request.142 All transfers must be carried out in a fair manner.143 First, the Commissioner must take all reasonable steps to ensure that the place to which you are transferred is the least restrictive environment possible for you - given the degree of control necessary to maintain the security of the prison and the safety of staff, other prisoners, and the public. Second, she must take into account accessibility to your community and family, a compatible cultural environment, and a compatible linguistic environment. Third, she must consider the availability of appropriate programs and services.144
Return to note 141. CCRA, s. 35.
Return to note 142. CCRA, s. 35.
Return to note 143. CCRA, s. 31(3). See also CD 590, s.4.
Return to note 144. CCRA, s. 35.