In the context of our prison system, Canadians unfamiliar with the term administrative segregation might think of this as solitary confinement. Basically, this is when an offender is separated from the general prison population for reasons of safety.

Segregation may be deemed necessary to protect the offender, which is often the case with a former police officer, sex offender or informant. Or their presence in the general prison population might interfere with a criminal investigation or it is necessary to prevent them from associating with other prisoners. Or their violent or disruptive behaviour poses a risk to themselves, to another offender or to staff.

It is not difficult to understand why segregation causes concern for those exposed to its grim reality. Segregation means the offender is confined to a segregated area and will spend a minimum of 22 hours a day in their cell and when allowed out, that time is limited to a maximum of two hours a day; often spent in isolation with no meaningful contact or interaction with others and no benefit from any programming or health care unless clearly necessary, all of which can arguably impede rehabilitation and show disregard for their constitutional rights.

Courts recently ruled that the Corrections and Conditional Release Act (CCRA) does not do enough to protect the rights of imprisoned Canadians. The 2018 British Columbia Supreme Court landmark ruling found that segregation in federal prisons violated the Charter rights of prisoners because it placed inmates at increased risk of self-harm and suicide and that rather than prepare inmates for reintegration into the general prison population, administrative segregation has the opposite effect.

In March 2019, two court cases in Ontario echoed those observations adding that segregation was too often used as a means for separating persons suffering with mental health issues from the main population without intending to assist with their rehabilitation.

Administrative segregation needs to be replaced and the CCRA needs modification in the worse way. Enter Bill C-83, An Act to Amend the Corrections and Conditional Release Act and another Act.

Bill C-83 moves to end the use of administrative segregation by establishing structured intervention units (SIU) to house and rehabilitate offenders who cannot be safely managed in the general prison population.

Offenders in SIU will be offered a minimum of four hours outside the cell every day, twice more than currently received. Instead of no meaningful contact, at least two of the hours must be "meaningful human contact" with an elder, chaplain, counsellor, family member, friend, or compatible inmates, among others. Under the proposed changes, offenders will not have to go a single day without meaningful social interaction. In addition, they will be visited daily by a registered health care professional and have access to patient advocates ensuring rehabilitation, mental health care, and other productive interventions. It is the goal of the legislation to ensure programs will be tailored to meet the unique needs of the offender. This means addressing the causes that led to their separation in the first place so that they can return safely to the general prison population as soon as possible.

The deadlines to make the changes are fast approaching. The B.C. Court of Appeal says that while segregation must end, it would be dangerous to end it with no better alternative in place. In other words, Bill C-83 needs to pass by the time Parliament rises in the summer. If not, we risk either a situation in which the Correctional Service of Canada is unable to use segregation at all, or the courts will continue to delay the effect of their rulings, perpetuating a system of segregation. Neither choice should be acceptable to any Canadian.

To quote Fyodor Dostoevsky, a Russian journalist and philosopher who reflected much on the issues of crime and punishment, "The degree of civilization in a society is revealed by entering its prisons."

I believe Bill C-83 goes a long way exceeding the United Nations' Mandela Rules for the treatment of prisoners and in solving the issues inherent in the CCRA, and finally, by squarely addressing the concerns brought forward by the outstanding court rulings. That is why I am sponsoring Bill C-83 in the Senate.

Senator Marty Klyne represents Saskatchewan in the Senate.

This article appeared in the May 6, 2019, edition of The Hill Times.