In summary, the Report concluded that the unqualified use of the titles "Psychologist" and "mental health nurse" conveyed a level of mental health services beyond that which was actually available. As the Report states: "The bottom line was that a young woman died, in part, because the interventions, resourcing, staff training, programs and policies designed to address her needs remain on the bureaucratic drawing board."⁷⁴

In some jurisdictions isolation itself has been declared inhumane treatment.⁷⁵ Furthermore, it has been determined that when the person being held in isolation has a mental disability, the onus is even greater on the institution to protect the physical, mental and moral integrity of such persons held under its custody.⁷⁶ The failure by CSC to provide appropriate professional services to FSW with mental disabilities who are housed in maximum security facilities or who are detained in segregation is not only morally irresponsible, it is also a violation of human rights law (failure to accommodate on the ground of disability) and the equality guarantee of the Charter (failure to take into account of disadvantage caused by disability).

PART V: RECOMMENDATIONS

This paper has touched on just a few of the issues confronting FSW with mental disabilities in federal prisons. The experience of SIS (Strength in Sisterhood) and CAEFS reveals that there are many other issues requiring redress. However, as this paper argues, the mental health services provided by CSC to FSW are inadequate and frequently inappropriate.

No matter how well intended, under the current corrections system the ability of CSC to provide effective mental health services will always be influenced/tainted by the overriding requirement of security and public safety. Consequently, this paper recommends a fundamental shift in the model of service delivery for FSW from the prison system to the community. In addition, this paper recommends that at a minimum, provisions that equate mental disability with risk be deleted from the CCRA legislation.

These recommendations do not provide wholesale remedies. Rather, they highlight those matters that may be in contravention of human rights law and the equality rights of the Charter. Ultimately, it is hoped that they will spark further discussion and eventual action that will improve the lives of FSW with mental disabilities.

A. Role of the Community in Supporting and Assisting Federally Sentenced Women with Mental Disabilities

Recommendation #1

It is recommended that FSW with mental disabilities be permitted to serve their sentence in the community and to receive support and assistance from mental health services based in the general community.