Ontario will appoint an independent external reviewer to further examine the use of segregation in the province’s adult correctional facilities.
The reviewer will be asked to provide advice on an expedited basis, building on the work done by the ministry to date and reflecting the recommendations from the Ombudsman as well as the remedies arising from the Jahn application and the work done by the Ontario Human Rights Commissioner, to advise the government on key principles and implementing measures to:
Reduce the number of people held in segregation, and the length of time individuals spend in segregation
Build a system in which appropriate alternatives to segregation are more available for vulnerable inmates, such as pregnant women and those with acute mental health issues, and segregation is used only in rare circumstances
Improve the conditions under which individuals are held when in segregation
Improve oversight of inmates and correctional institutions, which may include consideration of the creation of a permanent external position to perform this function
The reviewer will submit a final report to the government, which will be made publicly available and will inform a provincial implementation plan to be released in Spring 2017.
The province and reviewer will continue to consult with key stakeholders and correctional staff to explore broader changes for the sector, including the resources and infrastructure required to support the overall work on Ontario’s transformation of correctional services. This will also include exploring alternative accommodations to segregation, especially for vulnerable individuals.
In addition to the appointment of the external reviewer, Ontario is taking immediate action with the goal of reducing the number of inmates placed in segregation and to improve conditions for those who, for their own safety and the safety of others, must currently be segregated from the general inmate population.
The following changes to the use of segregation will be implemented, effective immediately:
Segregation will only be used as a measure of last resort, and will only be used under the least restrictive conditions available while still maintaining inmate and staff safety
A limit of 15 consecutive days in disciplinary segregation will be established, reduced from the current maximum of 30 consecutive days
A weekly segregation review committee will be created at each institution to conduct case reviews of all inmates in segregation
The “loss of all privileges” in disciplinary segregation will be eliminated, and will move towards alternative sanctions and increased incentives for inmates to maintain good behaviour
Work will begin with the Ministry of Health and Long-term Care to explore ways to enhance the appropriate supports for inmates with mental health issues and other vulnerable inmates
A review of current data collection practices will be undertakento ensure the ministry is collecting the right type of data and is collecting that data efficiently, effectively and consistently across the system
An assessment of existing capital infrastructure relating to segregation will be conducted, including any opportunities for improvements and appropriate alternatives regionally.
Supporting a fair, humane approach to segregation is part of the government’s plan to transform the correctional system by focusing on the rehabilitation and reintegration of offenders through improved programs, mental health supports and greater staff and inmate safety.
As part of its ongoing review of the province’s use of segregation in adult correctional facilities, Ontario consulted with key stakeholders through both in-person meetings and written submissions. The province also sought feedback from the public online.