The above discussion of CSC’s fiduciary duties owed to FSW highlighted the fact that the classification system is discriminatory in that it unfairly penalizes Aboriginal women and women with cognitive and mental disabilities/illnesses because of their social histories. The classification system penalizes women because of their social disadvantage, and CSC effectively deems these women to be of “bad character” and “likely to exercise bad influence.” This stereotyping cannot be justified on the basis of s. 67(a) and contravenes 67(b) because it has the effect of placing women in circumstances where they do not receive the treatment that will support their “social rehabilitation.” FSW who are classified maximum security, by virtue of being housed in segregated units in men’s prisons, are less likely to have adequate or appropriate programming to meet their specific needs as required by s. 67(b). These practices, separately and in their combined effect, amount to a violation of the SMRs by CSC.

The SMRs also stipulate that:

s. 59 … the institutions should utilize all the remedial, educational, moral, spiritual and other forces and forms of assistance which are appropriate and available, and should seek to apply them according to the individual treatment needs of prisoners (emphasis added).

s. 66(1) … all appropriate means shall be funded including religious care in the countries where this is possible, education, vocational guidance and training, social casework, employment counselling, physical development and strengthening of moral character in accordance with individual needs of each prisoner, taking account of his physical and mental capacities and aptitudes, his personal temperament, the length of his sentence and his prospects after release.

CSC is failing to meet the requirements of sections 59 and 66(1). As identified by CAEFS:

The services and programs available to federally sentenced women are designed primarily for male inmates and have been slightly adapted to suit the needs of women. Programs including drug and alcohol abuse rehabilitation are often supported and delivered by CSC staff who have little if any expertise in supporting and rehabilitating women.⁹⁷

The CSC Working Group on Human Rights also acknowledged the limited access to appropriate programs for Aboriginal offenders [read Aboriginal FSW].⁹⁸

Subsection 6(1) of the SMRs states: