It is the merit of the principle which must first be evaluated. Obviously, identifying resources would be the next step. Moreover, as previously described, there is a growing body of domestic and international human rights laws and principles that support the right of persons with disabilities to access community services.

B. Mental Disability and the Presumption of Risk

Recommendation #3

In accordance with human rights and equality rights principles, it is recommended that clause (e) be removed from s. 17 of the Corrections and Conditional Release Regulation.

Discussion

In determining the security classification to be assigned to a prisoner pursuant to s. 30 of the CCRA, s. 17 of the regulation specifically identifies mental illness or disorder as a factor to be considered. The Regulation places mental disability on the same list of risk factors such as the prisoner's potential for violent behaviour and the prisoner's continued involvement in criminal activities. By identifying "mental disability" as a risk factor, the regulation is guilty of perpetrating one of the most harmful and pernicious stereotypes; that is, mental disability is synonymous with dangerousness.

It is understood that in some circumstances, the presence of a mental disability may necessitate an assessment of appropriate programs and services for a prisoner. However, singling out mental disability as a risk factor is patently discriminatory. Clearly a law, which identifies race or sex as a risk factor would not be tolerated morally or legally. Consequently, discrimination on the basis of mental disability should be similarly rejected on the ground that both human rights legislation and Canada’s Constitution prohibit it. Isolation and segregation of persons with disabilities were once common features of social policy. But in the past 30 years or so, the law has shifted significantly to recognize the right of persons with disabilities to be integrated into mainstream programs and services.

PART VI: CONCLUSION

Gradually, Canadians have come to realize that denying persons with disabilities access to goods, services and facilities is a violation of human rights laws. Although full recognition of disability rights remains a challenging goal, it is fair to say that progress has been made on many fronts. Unfortunately, FSW with mental disabilities have not enjoyed such progress.

Because of her mental disability, a woman prisoner can be classed as high-risk, denied opportunities and privileges, placed in isolation or segregation, and subjected to intensive management and control. Lack of appropriate, good quality mental health services may impede her rehabilitation goals, which may then delay her return to the general community.