July 18 is recognized as Nelson Mandela International Day. On this day, we recognize the struggles that Nelson Mandela went through in 27 years of imprisonment, and the advocacy he put forth for a more humane treatment for prisoners. The United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the “Nelson Mandela Rules” were created in 2015 by the UN General Assembly.
In 2018, Bill C-83 was introduced by the Canadian government to conform to the Nelson Mandela Rules and enhancing health care for prisoners in federal prisons. Despite this good intent, the legislation was not without concern. 5 years since Bill C-83 received Royal Assent, establishing Structured Intervention Units (SIUs) in an effort to eliminate the use of solitary confinement in Canadian federal prisons. The Bill created SIUs in response to court rulings that found administrative segregation practices violated the constitutional rights of incarcerated people under the Charter of Rights and Freedoms.
However, regular independent reviews have determined that SIUs have done little to prevent or erase the human rights and Charter concerns that solitary confinement presented. For example, meeting the target time of 4 hours per day outside of cells persists as a challenge. In 2022, 46% of those staying in SIUs for 16 days or more did not receive their 4 hours of outside time on 76% of their days. From November 2019 to August 2021, 55% of the stays in SIUs were for 16 days or more, and persons with an identified mental health need were more likely to be held in an SIU longer than those without.
Contrary to their objective of being transformative, SIUs are detrimental to the mental health of those who are placed in them. The unequal distribution and use of SIUs for Indigenous Peoples in federal prisons should be of significant concern to parliamentarians interested in advancing the Truth and Reconciliation Commission’s Calls to Action. Nearly half of the SIU population in prisons were Indigenous Peoples, who make up 32% of CSC’s in-custody population despite only being 4% of the adult Canadian population (22 August 2021).
As advocates for effective and humane corrections, St. Leonard’s Society of Canada urges the government to take immediate action to address some of the most pressing issues in our country’s prisons. There is ample data and analysis of the implementation of C-83 which demonstrates substantial concern for people placed in SIUs in the following areas:
- Lack of meaningful human contact, time outside cells, or access to programming
- Inadequate mental health supports and conditions that exacerbate mental illness
- Transparency and accountability of SIU use
- Overrepresentation of Indigenous and racialized populations
Conducting a timely and comprehensive parliamentary review and subsequent amendments to Bill C-83 and the SIU model are essential to ensure that Canada’s correctional system aligns with the principles of human rights, dignity, and rehabilitation. As we mark 5 years since Royal Assent, we trust that parliamentarians will address this milestone with the careful deliberation it merits for meaningful amendments to C-83.
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References:
- Nelson Mandela Rules (un.org)
- Structured Intervention Unit Implementation Advisory Panel 2022 to 2023 Annual Report
- Preliminary Observations of the Operation of Correctional Service of Canada’s Structured Intervention Units
- Structured Intervention Unit Implementation Advisory Panel 2021-22 Annual Report
- Solitary confinement replaced by new system where 1 in 10 prisoners experience torture
