Before rendering my judgement on the basis of my latest inquiries, I
should highlight a distinction within the population of segregated prisoners
which assumes a larger significance than is apparent in the current legislation.
Under both the old Penitentiary Service Regulations
and the CCRA, the power to segregate a
prisoner is founded on two broad, alternative bases: one is the risk the
prisoner represents to the safety of other persons or to the security
of the institution, and the other is the risk to the prisoner himself
from other prisoners if he remains in the general population. Although
there are cases in which prisoners placed in segregation for their own
protection argue there is no basis for this fear, most prisoners segregated
on this ground acknowledge that the fear is well-founded, and in many
cases the prisoners themselves have requested that they be removed from
the general population or have precipitated an incident in which such
removal is the inevitable result. Thus, within the population of segregated
prisoners, there has arisen a distinction between "involuntary" and "voluntary"
cases.
As I have described in the Introduction to this book, one of the major
changes in the Canadian prison system in the twenty-five years since I
began my studies is the large increase in the number of prisoners designated
as "protective custody" prisoners. The response of the Correctional Service
of Canada to this increase has been to designate specific institutions
as protective custody facilities. In a few institutions, one of which
is Kent, the prison itself has been split into two populations -- general
population and protective custody. However, even within a designated protective
custody institution or the protective custody side of a larger institution,
prisoners run into problems, often but not always of their own making,
which pose a threat to their safety. These situations frequently result
in a request from the prisoner to go into segregation, either until the
problem is sufficiently resolved that a return to the population is safe
or until a transfer to some other institution can be arranged. In a general
population prison such as Matsqui, where prisoners encounter situations
in which their lives or safety are endangered, often through the intersecting
and conflicting lines of prison commerce, politics, and personalities,
prisoners may find themselves with no choice but to request placement
in segregation. From there, since protective custody prisoners are unwelcome
in general population prisons, they are be left with no choice but to
move to an institution designated for protective custody prisoners, either
within or outside the region.
In Prisoners of Isolation, my critical
focus was on the cases of prisoners who were segregated involuntarily.
In this book I have broadened my focus to cover both involuntary and voluntary
segregations, not only to identify the common issues affecting them but
also in recognition that the differences between the two groups pose special,
often intractable problems for prisoners and prison administrators. Page 2 of 2
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