The traditional practice of “solitary confinement” (administrative segregation) was ruled unconstitutional in Canada. As of late 2019, it was replaced by Structured Intervention Units (SIUs). Under federal law, inmates placed in an SIU must be offered a minimum of four hours out of their cell daily, including at least two hours of meaningful human contact.
For decades, administrative segregation was used extensively in Canadian federal penitentiaries. Inmates who were deemed a threat to the institution, or who needed protection from the general population, were locked in small cells for up to 23 hours a day with virtually no human contact. 🚨 Human rights organizations and legal experts aggressively fought this practice, arguing it caused severe psychological damage, particularly for Indigenous inmates and those with pre-existing mental health conditions.
Following intense legal battles, including landmark rulings by appellate courts in Ontario and British Columbia, the old segregation system was struck down for violating the Charter of Rights and Freedoms. In response, the federal government passed Bill C-83, abolishing administrative segregation and creating Structured Intervention Units (SIUs). Whether you are incarcerated in Edmonton or Kingston, the law now dictates that separation from the general population must focus on rehabilitation and mandatory minimum out-of-cell time, governed by strict oversight from Independent External Decision Makers (IEDMs).
Step-by-Step Process of an SIU Placement in Canada
Moving an inmate into an SIU is no longer a decision that the prison warden can make indefinitely without oversight. The law now imposes rigid timelines and mandatory reviews. 📋 If an inmate is transferred to an SIU, the following legally mandated process begins immediately.
Step 1: The Initial Transfer and Justification
An inmate can only be transferred to an SIU if there is no reasonable alternative, typically because they pose a severe threat to security or are at extreme risk of being harmed by other inmates. Within the first working day of the transfer, the warden must formally authorize the placement in writing. The inmate must be provided with the exact reasons for their transfer and informed of their legal right to seek legal counsel.
Step 2: Mandatory Health Assessments
Because isolation can trigger severe mental health crises, healthcare oversight is baked into the new law. 🤝 A registered healthcare professional must conduct an initial health assessment within 24 hours of the inmate entering the SIU. Furthermore, a nurse or doctor must visually visit the SIU every single day. If the healthcare team determines that the SIU placement is causing serious psychological harm, they can officially recommend that the warden alter the inmate’s conditions or remove them entirely.
Step 3: Receiving Daily Out-of-Cell Time
The cornerstone of the SIU reform is the abolition of 23-hour lock-up. By law, CSC must offer the inmate a minimum of four hours outside their cell between 7:00 AM and 10:00 PM every day. Crucially, at least two of these hours must involve “meaningful human contact.” This can include interacting with correctional programs, elders, chaplains, or participating in guided recreation. A guard shouting through a meal slot does not count as meaningful contact.
Step 4: Independent External Reviews (IEDM)
To prevent inmates from languishing in SIUs for months, Bill C-83 created the Independent External Decision Maker (IEDM). 💻 The institutional head (warden) must review the case after 5 days. If the inmate remains in the SIU, a far more comprehensive review happens at the 30-day mark by the warden. If the inmate has been in the SIU for 90 consecutive days, the case is subject to an automatic length-of-stay review by the IEDM-an independent legal professional outside of CSC (with CSC preparing the referral around day 60). The IEDM has the binding legal authority to order CSC to release the inmate from the SIU.
Administrative Segregation vs. Structured Intervention Units (SIU)
| Feature | Old System (Administrative Segregation) | New System (Structured Intervention Units) |
|---|---|---|
| Out-of-Cell Time | Usually 1 hour a day (often just a solitary yard walk). | Mandatory offer of 4 hours daily minimum. |
| Human Contact | Virtually none. Total isolation was standard. | Mandatory offer of 2 hours meaningful contact daily. |
| External Oversight | None. The warden had total discretion. | Binding reviews by an Independent External Decision Maker. |
| Healthcare Mandates | Irregular check-ins. | Daily health visits and mandatory 24-hour initial assessment. |
How Much Does it Cost in Canada?
Challenging an illegal placement in an SIU can be complex, and inmates often require legal assistance from the outside. 💲 Here are the typical costs associated with fighting these placements:
- Internal Reviews and IEDM Hearings: The mandatory reviews conducted by the warden and the IEDM cost the inmate $0 CAD. They are automatic statutory requirements.
- Hiring a Prison Lawyer: If an inmate wishes to have a criminal defence lawyer submit written arguments to the IEDM on their behalf, it typically costs between $1,500 and $3,500 CAD.
- Filing Habeas Corpus: If an inmate is being unlawfully detained in an SIU in violation of the law, a lawyer can file a writ of Habeas Corpus in a provincial superior court. This high-level constitutional litigation can cost $5,000 to $15,000 CAD, though it is often covered by Legal Aid for indigent inmates.
How Long Does the Process Take?
The entire framework of the SIU is built around strict, unbendable legal timelines designed to prevent long-term solitary confinement. ⏱ Here are the deadlines CSC must follow:
- Warden’s Initial Review: Must be completed within 5 working days of the transfer.
- Warden’s Secondary Review: Must be completed within 30 days.
- First IEDM Review: Automatically triggered if the inmate reaches 90 consecutive days in the SIU (with files referred around day 60).
- Subsequent IEDM Reviews: If the IEDM allows the placement to continue, they must review the file again every 60 days thereafter.
Frequently Asked Questions (FAQ)
What if an inmate refuses to leave their cell?
The law states CSC must “offer” the out-of-cell time. If an inmate is severely depressed and refuses to leave their cell, CSC cannot physically force them out. However, CSC must carefully document the refusal and notify healthcare staff immediately to assess the inmate’s mental state.
Is an SIU just solitary confinement by a different name?
Critics and prison advocates often argue it is. While the law mandates 4 hours out of the cell, ongoing investigations by the Correctional Investigator show that systemic staffing shortages often result in CSC failing to provide the legally required out-of-cell time in reality.
Can I bring a lawyer to my IEDM review?
IEDM reviews are generally paper-based administrative reviews rather than live court trials. However, you absolutely have the right to have a law firm draft and submit comprehensive legal arguments and evidence to the IEDM before they make their binding decision.
Can the warden ignore the IEDM’s order?
No. Decisions made by the Independent External Decision Maker are legally binding on the Correctional Service of Canada. If an IEDM orders that an inmate must be removed from the SIU, the warden must facilitate a transfer back to the general population or to a different facility.
Leave a Reply