CAT/C/CAN/CO/7 should be conducted only when absolutely necessary and should be performed in private by an appropriately trained staff member of the same sex as the inmate. Search and admission procedures for visitors should not be degrading and should be subject, at a minimum, to the same rules as those applied to inmates (see rules 50–53 and 60 of the Nelson Mandela Rules). Solitary confinement 14. The Committee is concerned at the continued use of prolonged and indefinite solitary confinement, in the form of disciplinary and administrative segregation. Pursuant to section 31 (3) of the Corrections and Conditional Release Act, an inmate may be placed in involuntary administrative segregation at the discretion of the institutional head, as a means of preventing altercations, harm or interference with internal investigations. The Committee considers that such regulations give rise to issues of interpretation, especially with regard to the distinction between cases that would lead to involuntary administrative segregation and disciplinary segregation. Furthermore, the Act does not specify the maximum length of time that an offender can be held in administrative segregation. Other information before the Committee indicates that the use of administrative segregation disproportionally affects indigenous inmates, especially women, and black inmates. It also notes with concern that solitary confinement as a disciplinary measure may be imposed for up to 30 days for one offence, or 45 days for multiple offences, with or without restrictions on visits with family, friends and other persons from outside the penitentiary (sect. 44 (1) (f) of the Act). The Committee appreciates the explanations provided by the State party’s delegation regarding the content and current status of Bill C-83, which would eliminate administrative and disciplinary segregation in the federal correctional system, and would establish a new model for correctional interventions called “structured intervention units”, in which inmates would be kept in social isolation for up to 20 hours a day. The Committee notes, however, that the proposed regime gives wide discretion to the head of the detention facility in imposing isolation, does not provide for a maximum length of stay in the units, does not prohibit the placement of inmates with psychosocial disabilities in the units and does not contain measures to limit disproportionate impacts on indigenous inmates, women or other prisoners with special needs, and that there is no provision requiring independent external review and oversight (arts. 11 and 16). 15. The State party should ensure that solitary confinement, in both federal and provincial correctional facilities, is used only in exceptional cases as a last resort, for as short a time as possible (no more than 15 consecutive days) and subject to independent review, and only pursuant to the authorization by a competent authority, in accordance with rule 45 (a) of the Nelson Mandela Rules. It should also ensure that administrative segregation is used as a preventive measure only. The Committee wishes to draw the State party’s attention to rule 45 (2) of the Nelson Mandela Rules, under which solitary confinement should be prohibited in the case of prisoners with mental or physical disabilities when their conditions would be exacerbated by such measures. In addition, rule 43 (3) of the Nelson Mandela Rules provides that disciplinary sanctions or restrictive measures must not include the prohibition of family contact and that the means of family contact may only be restricted for a limited time period and as strictly required for the maintenance of security and order. Internal prison complaint mechanisms 16. The Committee is concerned at the fact that the State party has not furnished complete information on the number of complaints of torture and ill-treatment submitted under existing prison complaints mechanisms, such as the Correctional Service of Canada’s offender complaint and grievance process and the Office of the Correctional Investigator, during the period examined. It also regrets the lack of detailed information on the results of those investigations, whether proceedings were initiated at the penal and/or disciplinary levels, and their outcomes. In addition, the Committee is concerned at reports describing the Correctional Service of Canada’s offender complaint and grievance process as slow, complex and dysfunctional (arts. 2, 11 and 16). 4

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