In a recent report, the Correctional Investigator criticised the practice of preventing women in maximum security from associating with the general population of the institution in which they are housed, as well as the practice of segregating them from the broader general population of the women's regional facilities.⁶⁴ The Investigator took the position that placing women classified as maximum security and women with serious mental health problems in male penitentiaries was inappropriate. The Report described such placements as discriminatory, and "in reality", a form of segregation.⁶⁵ The Report also argued that this form of segregation - based on security classification and mental health status, placed these women in terms of their conditions of confinement, at a considerable disadvantage to that of the male offender population.⁶⁶

Conditions of isolation and lack of appropriate service underscores the harsh and discriminatory results of placing women with severe mental disabilities in maximum security. It further raises serious questions about its therapeutic/rehabilitation value for such women. To ensure a successful return to the general prison population and ultimately the community, CSC must accommodate the needs of such women by providing them with appropriate mental health care and opportunities to develop effective interpersonal and work skills.

C. Impact of Minimum and Medium Security on Federally Sentenced Women with Mental Disabilities

Not all women with mental disabilities are classed as maximum security prisoners. Some are considered to be minimum or medium security. Rather than accommodating women with mental health needs within the general population of the Women's Regional Facilities, CSC confines such women to separate structured living environments. Structured living environments are located in the regional facilities; however, they are operated in accordance with a separate program known as the Intensive Healing Program.

Unlike mental health programs in the community, the Intensive Healing Program does not acknowledge the rights and choices of the participants. A program which may be acceptable in a psychiatric hospital is not necessarily transferable to a prison, without posing serious inequalities and disadvantage for prisoners who are identified with mental health disorders."⁶⁷ Patients who participate in programs in a psychiatric hospital are there either voluntarily, which means they have a choice about participating, or involuntary which means they must be released when they no longer meet the statutory criteria for committal.⁶⁸

Section 86 of the CCRA entitles inmates to receive essential health care including mental health care. The Act does not give CSC the authority to impose health care on a prisoner. Nevertheless, FSW with mental disabilities are compelled to participate in programs such as the Intensive Healing Program, which by its very name implies a form of mental health treatment. A woman who objects to participating in such a program is at risk of being transferred to the Regional Psychiatric Centre in Saskatoon or to a maximum security facility. Clearly, such coercion increases the disadvantaged and vulnerability of FSW with mental disabilities.