a) Discriminatory Legislation
The appropriate response of the Canadian Human Rights Commission to the overwhelming
evidence of the discrimination experienced by federally sentenced women is a finding that the
existing legislation is discriminatory and should not be applied to women, particularly those
provisions relating to security classification. CAEFS urges the Commission to recommend the
following amendments to the CCRA to remedy identified human rights violations.
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(i)
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Section
11 of the CCRA should be amended to prohibit the incarceration
of women in federal penitentiaries for men.
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(ii)
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Given the discriminatory
application of s. 30 to federally sentenced women, the CCRA
should be amended so as to exclude women from the application
of s. 30. If any classification scheme is utilized, it must be
predicated upon a model of assessing risk that recognizes and
addresses the increased risks of laws and policies being in conflict
with the lives of women prisoners and focuses on the development/building
of women’s capacities to participate fully in the community by
ensuring that community release resources are brokered/allocated
to women in accordance with their individual constellation of
needs (ie. Providing requisite resources to address issues such
as homelessness, lack of education, child care, et cetera, versus
identifying such factors as increasing a woman’s risk and consequent
need for extra supervision).
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(iii)
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A definition of
administrative segregation should be included in the CCRA.
Administrative segregation should be defined as confinement which
restricts the entitlement to associate beyond that which is provided
to the general prison population. In addition, the Act should
include clear parameters for the use of administrative segregation.
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(iv)
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Sections 33 and
34 of the CCRA ought to be amended to provide for either
of the two segregation review models proposed by the Arbour Commission.
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(v)
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Section 37 of the
CCRA should be amended so as to remove the phrase "security
requirements" and articulate a positive obligation on CSC to provide
sufficient dynamic/staff support and physical structures which
enable separated prisoners to exercise most of the entitlements
of the general prison population.
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Submission
of the Canadian Association of Elizabeth Fry Societies (CAEFS) to the
Canadian Human Rights Commission for the Special Report on the Discrimination
on the Basis of Sex, Race and Disability Faced by Federally Sentenced
Women
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