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.

 

(i)

Section 11 of the CCRA should be amended to prohibit the incarceration of women in federal penitentiaries for men.

 

(ii)

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).

 

(iii)

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.

 

(iv)

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.

 

(v)

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.


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


Previous Page Contents Next Page