2. Use of Seclusion (segregation cells)

All medium and maximum security prisons have segregation cells, which are the counterpart to seclusion cells at the RPC. These cells amount to solitary confinement and may be used lawfully only under specific statutory criteria set out in the CCRA. Under the CCRA, a prisoner may be segregated only for her own protection or for the protection of others, or during the active investigation of an offence. When a prisoner is placed in segregation involuntarily, she must be advised of her right to counsel because segregation is recognized in law as a separate form of confinement, or a “prison within a prison.” In addition, pursuant to the Regulations, the prisoner must be provided with written reasons for the segregation and an opportunity to respond; a segregation review board hearing must be held within 5 working days and every 30 days thereafter. Alternatively a prisoner may be sentenced to segregation after a hearing of a disciplinary charge by an independent chairperson. The punitive sentence may not exceed 30 days. The CCRA recognizes segregation as an extremely onerous form of confinement.

At the RPC, prisoners who act out may be placed in seclusion cells in the isolation unit. The segregation provisions of the CCRA and the Regulations are not invoked at the RPC because seclusion is used for “treatment” rather than “security” reasons. The prisoner stays there, at the discretion of the treatment team, with no formal process for review. A prisoner may stay in seclusion for an indefinite period of time. Clearly, patients are disadvantaged when their statutory entitlements are withdrawn by reason of their mental disability.⁷¹

E. Quality of Mental Health Services for Federally Sentenced Women

In February 2000, a woman prisoner housed in one of the segregated maximum security units in a men’s prison committed suicide after 51 consecutive days of segregation. This unfortunate event prompted the Correctional Investigator to review the quality of mental health services available to FSW. Although numerous prison staff members saw the woman, the Investigator concluded that the Correctional Service of Canada failed this individual; their efforts were described as, at best, "uncoordinated" with no particular person in place to take charge of the case.⁷² The Investigator made the following findings:⁷³

• The woman was transferred from the provincial system to the federal system. Despite a provincial psychiatric diagnosis, which raised significant mental health concerns, the diagnosis was not documented on any file when she was transferred to the federal institution. In fact the Intake Assessment Report states "no mental health concerns or previous suicide history".

• The psychological assessments and reports required by the Service's Intake and Segregation policies were inadequate. The psychologist responsible for such policies was new, had received no training and was unaware of her responsibilities.

• The mental health nurse was also new and untrained. Moreover her title related more to her work location than her training and professional qualifications.