Dr. Fox spoke of Tommy McCaulley in the context of bringing prisoners to the very margins of sanity.

When McCaulley becomes insane to your face. they are McCaulley;that is all there is to it. There is not one of them who will tell you anything different. This is a fact. Each one of them is a part of McCaulley. and it was a part of them that had gone to that place where McCaulley is. exactly to that place where McCaulley is.. where all rationality has left them and they have come back from that place only by some freak accident of their own prior upbringing. But there is not one of them that does not hear their own voices screaming when McCaulley screams. They are McCaulley. They are McCaulley's insanity and in them is McCaulley's insanity. When he becomes insane and moves towards death, like Bellemaire did, when they see insanity approaching self-extinction, they know that part of them is moving to that place and they have to live with their own insanity and it is in front of them. There is no way to escape that part of yourself. When you sit with a madman, the part of you that is insane becomes explicit. You live with the part of you that has become more and more insane, so it is even more intense. You cannot tolerate it. When the blood runs in front of their cells, it is their blood ...When they see death approach, it is their death that approaches.92

In explaining the anger, the violence, the insanity that solitary confinement induces, the expert witnesses referred both to the philosophical concept of undermining the very humanity and dignity of the individual and to a body of scientific data which shows that inescapable punishment causes violent and psychotic behaviour. Dr. Fox explained the concept of punishment-induced aggression: 'It happens in every animal from goldfish to humans. It happens predictably, scientifically, and reliably. Sustained punishment without escape, without any instrumental response to terminate it ...where there is nothing to learn will result in violence in every animal we have ever studied.'93

Relying upon the evidence presented by the plaintiffs, Dr. Fox described how the situation in the SCU at the British Columbia Penitentiary amounted to inescapable punishment. He gave the example of Jack McCann's running score; month after month, he showed 'quiet and co- operative' behaviour, and yet was not released from SCU In Dr. Fox's view the reason McCann was not released was because he had been placed in SCU not for any particular violation but rather because of 'a malaise, it is a fear, a paranoia, the uncertainty of his behaviour.'94 Because there was nothing McCann could do to allay this, because even his quietness and co-operation were taken to be suspicious, his confinement in SCU was inescapable punishment without a goal.

There is no goal. It is almost as though he has come to understand that the keeper does not have anything that he wants ...in a concrete way, except the total compliance, the total disappearing. There is nothing to learn, there is nothing to do, there is only to be there in a state that finally will reduce the fear of the keeper, the irrational fear of the keeper, not based on a particular act but the feeling of discomfort in your presence because your reputation and your background, or something, your attitude, your arrogance ...95

Addressing himself to the review process, Dr. Fox concluded that it was meaningless because there was nothing specific to review. There was no measure against which to test progress except in some kind of vague, unarticulated way. Given this fact, simply having something called a 'review' was even more frustrating for the prisoner because it was a sham, a hollow mockery. Dr. Fox states that the effect of this kind of process was 'to undermine, to generate anger, violence, uncertainty, resentment; there is nothing else that can emerge in that situation.'96

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