Recommendation #2

As Recommendation #1 may be a long-term strategy, it is further recommended that in the meantime, incarcerated FSW with mental disabilities be permitted to access mental health services based in the general community.

Discussion

Prisons are an inappropriate place for persons with mental disabilities because of the primacy of security as the objective of the prison authorities; the stress caused by such an environment and the lack of effective mental health services.⁷⁷ With respect to women in particular, SIS, CAEFS and many others who work with women in prisons within Canada and internationally, believe that the prison environment as a whole, particularly the purposes and priorities of CSC, staff interactions and prisoner isolation creates and exacerbates women’s mental health concerns.⁷⁸ CAEFS takes the position that women with mental health problems do not belong in prisons and that the treatment, support and assistance they need should be provided to them in the community, rather than in prison.⁷⁹

CAEFS is not the only voice questioning the wisdom of imprisoning persons with mental disabilities. In the U.S. where the criminalization of mental illness is rapidly escalating, some members of the judiciary have taken an important step by introducing a therapeutic approach to criminal offenders with mental health disabilities.⁸⁰ They have devised a “mental health court” as a specialized division of the criminal court. The purpose of such courts is to address more effectively the unique and complex needs of mentally disabled offenders and to refer such offenders to treatment facilities whenever possible without compromising public safety.

Very few women are incarcerated for committing violent crimes.⁸¹ Moreover, as this paper asserts and as research confirms, most women offenders have severe mental health needs that require intensive support.⁸² Nevertheless, the public need for the appearance of retribution may deter government from considering alternatives to sentencing persons with mental disabilities to imprisonment.

CAEFS recognizes that the proposition of keeping FSW with mental disabilities in the community and out of prison is most likely a long-term strategy. Consequently, as an alternative, it proposes that women prisoners be permitted to access mental health treatment, support and assistance from community-based health service providers, whose primary focus is health and not security.⁸³ In support of this position CAEFS argues: "Despite the best intentions of CSC staff, their primary focus is security, not health. The focus of the CSC’s work with women is the imprisonment and community supervision of women sentenced to terms of imprisonment of two years or more. It has been our observation that the CSC is not well situated to assume the core business of delivering mental health services."⁸⁴

Set out below are a number of arguments which are based on human rights principles and which support the proposal to utilize the community to provide mental health services.