Structured Intervention Units Implementation Advisory Panel Update #3-2023
Structured Intervention Units and Indigenous Prisoners

March 10, 2023

Introduction

In November 2019, amendments to the Corrections and Conditional Release Act (CCRA) established by Bill C-83 came into force, implementing new Structured Intervention Units (SIUs) and abolishing the use of administrative and disciplinary segregation in all federal correctional institutions.

The Minister of Public Safety and Emergency Preparedness established the Structured Intervention Units Implementation Advisory Committee in 2019 as part of the Government's efforts to provide accountability and transparency of the operationalization of SIUs. The Advisory Panel mandate is to provide non-binding recommendations to the Commissioner of the Correctional Service of Canada (CSC), and advice and reports to the Minister on its views as to whether the SIUs are being implemented as intended by the legislation.

The over-representation of Indigenous people in federal corrections has been a concern for many years. In this update, we examine several issues related to Indigenous prisoners' experiences with Correctional Service Canada's (CSC) Structured Intervention Units (SIUs) established in 2019 as a replacement for segregation. Many of the issues discussed are related to more general challenges associated with the operation of SIUs above and beyond their special impact on Indigenous prisoners. But as we point out, there are clearly some issues that relate specifically to Indigenous men and women in CSC facilities.

Describing the Population

A starting point for understanding the experience of Indigenous people in SIUs might be to compare their numbers in Canadian society more generally to their placement in CSC penitentiaries and the SIUs.

The Corrections and Conditional Release Act (CCRA) makes it quite clear that SIUs should be used sparingly. A prisoner can be transferred to an SIU “only if the staff member is satisfied that there is no reasonable alternative [to the SIU] (S. 34(1)). Furthermore, the stay in the SIU “is to end as soon as possible” (S. 33).

As noted in our First Annual Report, it is estimated that about 4.2% of Canadian adults are Indigenous people. On 1 January 2023, there were 180 people in SIU cells, 79 (43.9%) of whom were Indigenous. Overall, on that same day, “only” 32.4% of all federal prisoners were Indigenous. In other words, a higher proportion of Indigenous people were in SIUs than were in ordinary cells. (See Table A. Additional data are available in Appendix Tables 1 and 8.Footnote 1)

The over-representation of Indigenous people in SIUs can also be examined by looking at admissions into SIU cells over time. Looking across the three years for which we have complete data on SIU admissions, we see very similar findings: Indigenous people make up a high proportion (40% or more) of those transferred to SIUs in each year (2020, 2021, 2022). There's no indication of any improvement on this measure (see Appendix Table 2).

Table A: Indigenous Representation among CSC Prisoners in SIUs.

Group

Percent Indigenous

Canadian Adult Population

4.2%

Census of CSC total prisoner population (SIU and non-SIU) (1 January 2023)

32.4%

Census of CSC prisoner population in non-SIU cells (1 January 2023)

32.2%

Census of SIUs (1 January 2023)

43.9%

Person-stays in SIU 2020 through 2022

41.9%Footnote 2

SIU person-stays for men (2022)

41.5%

SIU person stays for women (2022)

96%bFootnote 3

Indigenous prisoners in both the mainstream population and in SIUs tend to be younger than non-Indigenous prisoners. For example, on the most recent census count day for which we have data (1 January 2023), 26.2% of Indigenous prisoners in the general population were 29 or younger while 17.6% of non-Indigenous prisoners in the general population were that young. Furthermore, the SIU prisoners tend to be younger than that the general population, and, again, within the SIU population, Indigenous prisoners were younger than non-Indigenous prisoners. While 38% of Indigenous prisoners in SIU cells were 29 or younger, 31.7% of non-Indigenous prisoners in SIU cells were that young. (See Appendix Table 3).

Not surprisingly, SIU prisoners are disproportionately classified as being maximum security compared to those who, on 1 January 2023, were not in an SIU. Of those in an SIU on 1 January 2023, 80.3% were classified as being maximum security (compared to 13.7% for all CSC prisoners; see Appendix Table 4)

Given that SIUs are supposed to be used only when there is 'no reasonable alternative' (CCRA 34(1)), this is hardly a surprising finding. One might expect that if a person were classified below maximum security, they might be reclassified as maximum (and moved to a maximum security unit) before contemplating a transfer to an SIU cell.

In the general population, Indigenous prisoners are slightly more likely to be maximum or medium security and less likely to be minimum than non-Indigenous prisoners. However, when you look at the security classification of those in SIUs on 1 January 2023, one finds that Indigenous prisoners are more likely to have a lower security classification: 27% of the Indigenous prisoners in SIU are classified as medium security compared to 'only' 14.1% of the non-Indigenous prisoners. (See details, Appendix Table 5). Looking at admissions into SIUs from 2020 through 2022, it appears that the lower security classification for Indigenous prisoners in SIUs was due to Prairie region transfers (see details, Appendix Table 6). The portion of prisoners going into the SIU who were classified as “Medium Security” was considerably higher in the Prairie Region than it was elsewhere in Canada, as is the portion of Indigenous prisoners.

Just as there are relatively few women in CSC custodial facilities generally, one finds that there are relatively few women in SIUs. On January 1, 2023, 5% of all CSC prisoners were women. There was, that day, only one woman anywhere in Canada in an SIU – an Indigenous woman. This was not an anomalous day. There was a fairly dramatic drop in SIU stays by women during 2022, when one compares SIU stays that year to those that started in 2020 and 2021. In 2020, 77 women were transferred to an SIU. By 2022, this dropped to 25. (Details are in Appendix Table 7).

When looking closely at the population of SIU transferred women, it becomes clear the reduction in number is due to a disproportionate reduction in non-Indigenous transfers. CSC has virtually ended visits to the SIU by non-Indigenous women prisoners. In 2022 almost all – 24 out of 25 or 96%– of the women who started stays in SIUs were Indigenous women. (See Table A and/or Appendix Table 8). SIUs for women in Canada appear to be kept open almost exclusively for Indigenous women.

Length of time spent in SIU cells and Mental Health

Indigenous prisoners tend to stay in SIUs longer than non-Indigenous prisoners. The difference seems to be fairly constant over time though it may have narrowed in 2022. Across the three years of operation, 62.9% of Indigenous prisoners' stays in the SIUs were for 16 days or more, compared to only 53.8% of the non-Indigenous prisoners' stays (see Table B and/or Appendix Table 9). 

Table B: Length of stay in the SIU for Indigenous and non-Indigenous SIU prisoners (entering SIU 1 January 2020 through 31 October 2022)

Short Stays (1-15 days)

Long Stays (16 days or more)

Total (Row) Percent

Number of person-stays in the SIU

Indigenous SIU Prisoners

37.1%

62.9%

100%

1,970

Non-Indigenous SIU Prisoners

46.2%

53.8%

100%

2,719

CSC should be especially attentive to the fact that there are three related findings: (1) Indigenous prisoners have longer stays in the SIUs than non-Indigenous prisoners, and, (2) the international research literature would suggest that longer stays in relative isolation (or segregation type units) are associated with an increase in mental health problems, and, (3) Indigenous prisoners are younger across general population and SIUs. If adult populations are known to be adversely affected by exposure to isolation, then vulnerable populations, such as young adults, could be more adversely affected due to immature neurobiology (e.g., frontal cortex development), limited psychological coping skills and inadequate resilience. Moreover, younger prisoners are less apt to have had formal assessment/diagnosis of mental health problems and more apt to be described as having "behavioural" versus mental health problems.

CSC is aware of the research on the negative mental health impacts of segregation-like conditions of confinement and has known or ought to have known that those with long stays in SIUs are more likely to be experiencing mental health challenges. We highlight the association between deteriorating mental health and time in the SIUs in each of the three years in Appendix Table 10.

The concern about harmful effects of isolating conditions of confinement is obviously more salient for those whose stays in the SIU are long (16 days or more). But there are concerns even for short term SIU stays. Indigenous prisoners in SIUs who stayed for 15 days or fewer were more likely than non-Indigenous SIU prisoners to be described by CSC has having high mental health needs, but not getting worse (perhaps because they already had high needs).

For long stay prisoners – those in SIUs for 16 or more days – Indigenous prisoners were more likely than non-Indigenous prisoners to be described as having deteriorated mental health status. (See Table C and/or Appendix Table 11).

Table C: Proportion of SIU prisoners who showed evidence of deteriorating mental health status during the SIU stay as a function of their length of stay in the SIU (for those entering SIU 1 January 2020 through 31 October 2022)

Percent of Indigenous Prisoners in SIUs with deteriorating mental health status

Percent of Non-Indigenous Prisoners in SIUs with deteriorating mental health status

Short stays in SIU (1-15 days in the SIU)

2.3%

2.6%

Long stays in SIU (16 days or more in the SIU)

16.0%

11.4%

Hours Out of Cell

To create a clear distinction between SIUs and the former segregation regime (and to avoid the label of “solitary confinement”), the CCRA requires that prisoners in the SIUs be offered at least four hours out of their SIU cell. This is most important for those with long stays in the SIUs (which, following the U.N. Mandela Rules, we have operationalized as being 16 days or more). At first glance, it appears that Indigenous SIU prisoners are doing better than non-Indigenous prisoners in SIUs in that they are less likely to miss getting most of their “four hours” on most days (See Appendix Table 12).

When one looks at time out of the SIU cell for meaningful human interaction, the results are similar. It would appear that Indigenous prisoners are more likely than others to get these hours out of their cell (see Appendix Table 13).

These two findings, however, appear to be interesting artifacts of the combination of three other facts. Looking at the data on achieving “four hours out of cell”, it appears that:

Table D: Failure of “long stay” (16 days or more) Indigenous and non-Indigenous prisoners to get their legislated “4 hours” out of their SIU cell. The table shows the portion who did not get their 4 hours out of cell during most of their days in the SIU (at least 76% of their days)

Region

Indigenous (long stay) prisoners

Non-Indigenous (long stay) prisoners

Atlantic

57.9%

63.6%

Quebec

78.4%

74.0%

Ontario

47.8%

41.2%

Prairies

21.5%

32.7%

Pacific

80.3%

82.2%

Total (All regions)

45.5%

59.1%

The notable region is the Prairie Region. Relatively few prisoners failed to get their 'promised' time out cell. And Indigenous prisoners in the Prairies were significantly less likely to miss getting their “four hours out of cell” compared to non-Indigenous prisoners.

When we examined success in getting 2 hours of meaningful human contact, we see similar things (Details in Appendix Table 15).  The only difference was that in Atlantic Canada there appeared to be some suggestion – as in the case of the Prairie Region, that that region was somewhat more successful than others with being successful in achieving this goal with Indigenous prisoners.

An important fact in both of these sets of findings (Appendix Tables 14 & 15) that examine CSC's success in providing time out cell (generally and for human contact) is that there are large regional differences. In previous reports we reported large regional differences, and again in this report we are seeing regional differences with respect to certain groups (e.g., Indigenous people).  This regional variation deserves much more attention by CSC.

The CCRA states that prisoners must be offered time out of cell. It does not require CSC to force SIU prisoners out of their cells. It would appear that Indigenous prisoners were somewhat less likely than non-Indigenous prisoners to refuse to leave their cells (generally or for meaningful human contact). (See Appendix Tables 16 and 17). There are, however, regional differences with prisoners – especially Indigenous ones – being least likely to refuse offers in the Prairie region and most likely to refuse offers in the Pacific region (See Appendix Tables 18 and 19). 

While there were slightly fewer refusals in 2022 than there were in 2020 or 2021, there does not appear to be clearly consistent improvement over time (generally or for human contact). (See Appendix Tables 20 and 21.)

In a more direct test of whether “refusals” to leave one's cell accounted for people not getting their promised “four hours” out of their cells, we performed a very conservative test (see Appendix Table 22). Using this conservative test on long stay SIU prisoners, we demonstrate, using CSC data, that in many cases the prisoner (Indigenous or non-Indigenous) refused to leave the cell relatively infrequently but missed getting their “four hours out of the SIU cell” during the majority of days (See Table E.)

Table E: Long Stay Prisoners Only. For Indigenous and non-Indigenous SIU prisoners, the extent to which refusals by the prisoner to leave their SIU cell all day could adequately account for the failure to achieve four hours out of the cell.

Prisoner missed getting their four hours relatively infrequently (50% or fewer days)

Prisoner refused to leave the cell relatively infrequently (50% or fewer days) but missed getting out of their cell at least 51% of their days

Prisoner refused to leave the cell frequently (more than 50% of the days) and also missed getting out of the cell frequently

Total Percent

Total Number of Long Stay (16 days or more) SIU prisoners

Indigenous Prisoners

38.6%

53.1%

8.3%

100%

1,216

Non- Indigenous Prisoners

21.5%

67.8%

10.6%

100%

1,440

The simple finding, overall, is that many prisoners, (including some Indigenous) often refuse to leave their cells. The fact that fewer of these 'refusals' are Indigenous prisoners goes back to a set of findings that we have highlighted already.

Understanding what is being refused and why it is being refused (and the relationship of refusals to mental health) clearly needs to be examined more carefully.

Conclusion

It is impossible to suggest that there is not a serious problem concerning the use of Structured Intervention Units for Indigenous people in CSC institutions.

  1. Indigenous people are over-represented in SIUs. This is not a new finding. It has been known by CSC for essentially the entire period of time since 2019 when administrative segregation was replaced by Structured Intervention Units.
  2. SIUs in women's institutions are rarely used, but when they are, they are almost exclusively populated by Indigenous women.
  3. Indigenous prisoners are not only more likely to be transferred to an SIU; once they get there, their stays in the SIU are also likely to be longer than the stays for non-Indigenous prisoners.
  4. For long stay prisoners, being an Indigenous prisoner in an SIU cell is associated with deteriorating mental health.
  5. Indigenous prisoners in general population and in SIUs, on average, are younger than non-Indigenous prisoners. Their age makes them more vulnerable to the negative mental health impacts of isolating conditions of confinement.
  6. There is substantial variation across regions in the success in providing SIU prisoners with four hours out their cell.  Indigenous prisoners are more likely to get their promised time out of cell in large part because they are disproportionately in SIUs in penitentiaries in the Prairie Region where prisoners more frequently get their promised time out cell.
  7. Refusals by prisoners to leave their SIU cells do not adequately account for hundreds of cases – for Indigenous prisoners and non-Indigenous prisoners – of failures of prisoners to get their 'promised' time out their SIU cells.

Our findings are based exclusively on CSC administrative data. They directly reflect a description by CSC of what is happening in their institutions. The SIUs have been operating for more than three years.  For one of Canada's most vulnerable groups – Indigenous prisoners – the promise of the Structured Intervention Units has not been realized.  This demands immediate attention. Waiting for the “five-year review” of the SIU legislation before anything is done to address these problems appears to us to be without justification.

Appendix Tables

Appendix Table 1: Location of Prisoners (Non-Indigenous and Indigenous) on 1 January 2023

Location

Group

Total (row) percents

Number of prisoners in this location

Non-Indigenous

Indigenous

General Population or Restricted Movement

67.8%

32.2%

100%

12,701

SIU

56.1%

43.9%

100%

180

All Prisoners

67.6%

32.4%

100%

12,881

Appendix Table 2: Person-stays in SIUs by Group (Non-Indigenous and Indigenous) for each year

Year

Group

Total (row) percents

Number of Person-stays that year

Non-Indigenous

Indigenous

2020

59.8%

40.2%

100%

2,152

2021

56.1%

43.9%

100%

1,393

2022

57.6%

42.4%

100%

1,424

All years

58.1%

41.9%

100%

4,969

Appendix Table 3: Age of Prisoners -- Non-Indigenous and Indigenous, in General Population/ Restricted Movement or SIU -- on 1 January 2023

Location

Age of Prisoner on 1 January 2023

Total (row) percents

Number of prisoners in this location

18-29

30s

40s

50s

60 or older

Non-Indigenous Prisoners

General Population or Restricted Movement

17.6%

29.8%

21.7%

16.7%

14.2%

100%

8,612

SIU

31.7%

45.5%

18.8%

4.0%

0.0%

100%

101

All Non-Indigenous Prisoners

17.8%

29.9%

21.7%

16.5%

14.0%

100%

8,713

Indigenous Prisoners

General Population or Restricted Movement

26.0%

36.3%

19.7%

11.7%

6.3%

100%

4,089

SIU

38.0%

38.0%

16.5%

7.6%

0.0%

100%

79

All Indigenous Prisoners

26.2%

36.3%

19.6%

11.6%

6.2%

100%

4,168

All Prisoners

General Population or Restricted Movement

20.3%

31.9%

21.1%

15.1%

11.7%

100%

12,701

SIU

34.4%

42.2%

17.8%

5.6%

0.0%

100%

180

All Prisoners

20.5%

32.0%

21.0%

14.9%

11.5%

100%

12,881

Appendix Table 4: Security Classification of Prisoners in the General Population/RM vs. SIUs on 1 January 2023

Location

Security Level of the Prisoner on 1 January 2023

Total (row) percents

Number of prisoners in this location

Maximum

Medium

Minimum

General Population or Restricted Movement

12.7%

66.8%

20.5%

100%

11,422

SIU

80.3%

19.7%

0.0%

100%

173

All Prisoners

13.7%

66.1%

20.2%

100%

11,595


Appendix Table 5: Security level of Non-Indigenous and Indigenous Prisoners in the General Population and in an SIU on 1 January 2023

Group

Security Level of the Prisoner on 1 January 2023

Total (row) Percent

Number of prisoners in this location

Maximum

Medium

Minimum

Prisoners in General Population or Restricted Movement

Non-Indigenous

11.6%

66.0%

22.4%

100%

7,635

Indigenous

15.1%

68.3%

16.6%

100%

3,787

All Prisoners in General Population

12.7%

66.8%

20.5%

100%

11,422

Prisoners in SIU

Non-Indigenous

85.9%

14.1%

100%

99

Indigenous

73.0%

27.0%

100%

74

All Prisoners in SIU

80.3%

19.7%

100%

173

All Prisoners

Non-Indigenous

12.5%

65.3%

22.1%

100%

7,734

Indigenous

16.2%

67.5%

16.3%

100%

3,861

All Prisoners

13.7%

66.1%

20.2%

100%

11,595

Note: A few prisoners did not have 'security level' recorded

Appendix Table 6: Security Level by Region of the SIU for Non-Indigenous and Indigenous Prisoners

Group

Security Level of the Prisoner at the Time of the Start Date (Based on the Most Recent Offender Security Level Decision Recorded in OMS at the Time of the Authorization to Transfer the Prisoner to the SIU)

Total (row) Percent

Number of Person-Stays

Minimum

Medium

Maximum

Atlantic

Non-Indigenous

0.3%

17.2%

82.6%

100%

384

Indigenous

0.0%

20.4%

79.6%

100%

225

All Prisoners

0.2%

18.4%

81.4%

100%

609

Quebec

Non-Indigenous

0.2%

9.6%

90.2%

100%

1,177

Indigenous

0.3%

6.9%

92.8%

100%

391

All Prisoners

0.2%

8.9%

90.9%

100%

1,568

Ontario

Non-Indigenous

0.2%

30.9%

68.9%

100%

447

Indigenous

0.5%

23.2%

76.3%

100%

198

All Prisoners

0.3%

28.5%

71.2%

100%

645

Prairies

Non-Indigenous

1.1%

31.1%

67.8%

100%

456

Indigenous

1.1%

36.4%

62.5%

100%

871

All Prisoners

1.1%

34.6%

64.3%

100%

1,327

Pacific

Non-Indigenous

0.0%

16.1%

83.9%

100%

428

Indigenous

0.3%

15.1%

84.7%

100%

392

All Prisoners

0.1%

15.6%

84.3%

100%

820

Canada

Non-Indigenous

0.3%

18.3%

81.4%

100%

2,892

Indigenous

0.6%

23.8%

75.5%

100%

2,077

All Prisoners

0.4%

20.6%

79.0%

100%

4,969

Appendix Table 7: Gender of those transferred to SIUs in each year

Year

Gender of Prisoner

Total (Row) Percent

Number of Person-stays

Female

Male

2020

3.6%

96.4%

100%

2,152

2021

3.9%

96.1%

100%

1,393

2022

1.8%

98.2%

100%

1,424

All years

3.1%

96.9%

100%

4,969

Appendix Table 8: Group (Non-Indigenous vs. Indigenous) of Female and Male Prisoners Transferred to an SIU in each year.

Year

Group

Total (Row) Percent

Number of Person-stays

Non-Indigenous

Indigenous

Female Prisoners Transferred to SIUs

2020

20.8%

79.2%

100%

77

2021

27.8%

72.2%

100%

54

2022

4.0%

96.0%

100%

25

All years

20.5%

79.5%

100%

156

Male Prisoners Transferred to SIUs

2020

61.2%

38.8%

100%

2,075

2021

57.2%

42.8%

100%

1,339

2022

58.5%

41.5%

100%

1,399

All years

59.3%

40.7%

100%

4,813

All Prisoners Transferred to SIUs

2020

59.8%

40.2%

100%

2,152

2021

56.1%

43.9%

100%

1,393

2022

57.6%

42.4%

100%

1,424

All years

58.1%

41.9%

100%

4,969

Appendix Table 9: Length of stay in the SIU by Group (Non-Indigenous or Indigenous) for Each Year.

Group

Total Days in the SIU

Total (Row) Percent

Number of person-stays

1 thru 15 days

16 or more days

2020

Non-Indigenous

51.9%

48.1%

100%

1,286

Indigenous

44.1%

55.9%

100%

866

All Prisoners

48.7%

51.3%

100%

2,152

2021

Non-Indigenous

42.6%

57.4%

100%

781

Indigenous

30.4%

69.6%

100%

612

All Prisoners

37.3%

62.7%

100%

1,393

2022

Non-Indigenous

39.1%

60.9%

100%

652

Indigenous

32.9%

67.1%

100%

492

All Prisoners

36.5%

63.5%

100%

1,144

All years

Non-Indigenous

46.2%

53.8%

100%

2,719

Indigenous

37.1%

62.9%

100%

1,970

All Prisoners

42.3%

57.7%

100%

4,689

Appendix Table 10: Mental health Status as a Function of Length of the Stay in the SIU (for each of three years)

Number of Days in the SIU

Mental Health Status

Total (Row) Percent

Number of person-stays

Low-some needs; not getting worse

High needs, not getting worse

Various mental health needs and getting worse

2020

1 thru 15 days

88.5%

9.8%

1.8%

100%

1,065

16 days or more

80.7%

8.6%

10.8%

100%

1,076

All lengths of stay

84.5%

9.2%

6.3%

100%

2,141

2021

1 thru 15 days

85.9%

10.8%

3.3%

100%

517

16 days or more

76.6%

8.2%

15.2%

100%

864

All lengths of stay

80.1%

9.2%

10.7%

100%

1,381

2022 to the end of October

1 thru 15 days

86.0%

10.7%

3.3%

100%

428

16 days or more

77.0%

7.5%

15.5%

100%

716

All lengths of stay

80.3%

8.7%

10.9%

100%

1,144

All years

1 thru 15 days

87.3%

10.2%

2.5%

100%

2,010

16 days or more

78.4%

8.2%

13.5%

100%

2,656

All lengths of stay

82.2%

9.1%

8.7%

100%

4,666

Appendix Table 11: Mental health Status as a Function of Whether the Prisoner was Non-Indigenous or Indigenous, Broken Down by Length of the Stay in the SIU

Group

Mental Health Status

Total (Row) Percent

Number of person-stays

Low-some needs; not getting worse

High needs, not getting worse

Various mental health needs and getting worse

One through Fifteen Days in the SIU

Non-Indigenous

89.8%

7.5%

2.6%

100%

1,260

Indigenous

82.9%

14.8%

2.3%

100%

750

All Prisoners

87.3%

10.2%

2.5%

100%

2,010

Sixteen or More Days in the SIU

Non-Indigenous

81.4%

7.2%

11.4%

100%

1,440

Indigenous

74.8%

9.3%

16.0%

100%

1,216

All Prisoners

78.4%

8.2%

13.5%

100%

2,656

All SIU Stays

Non-Indigenous

85.3%

7.4%

7.3%

100%

2,700

Indigenous

77.9%

11.4%

10.7%

100%

1,966

All Prisoners

82.2%

9.1%

8.7%

100%

4,666

Appendix Table 12: For those in the SIU for a long stay (16 days or more) only: What proportion of the days did the prisoner not get the “promised” 4 hours out of the SIU cell. Data are broken down by whether the prisoner was Non-Indigenous or Indigenous

Group

Percent of days in the SIU where 4 hours out-of-the cell was not achieved

Total (Row) Percent

Number of person-stays

Missed up to 50% of their days

Missed 51% to 75% of their days

Missed 76% or more of their days

Non-Indigenous

21.5%

19.4%

59.1%

100%

1,440

Indigenous

38.6%

16.0%

45.5%

100%

1,216

All Prisoners

29.3%

17.8%

52.9%

100%

2,656

Appendix Table 13: For those in the SIU for a long stay (16 days or more) only: What proportion of the days did the prisoner not get the “promised” 2 hours of “meaningful human contact” out of the SIU cell. Data are broken down by whether the prisoner was Non-Indigenous or Indigenous

Group

Percent of days in the SIU where 2 hours of meaningful human contact out-of-the cell was not achieved

Total (Row) Percent

Number of person-stays

Missed up to 50% of their days

Missed 51% to 75% of their days

Missed 76% or more of their days

Non-Indigenous

50.1%

25.1%

24.7%

100%

1,440

Indigenous

59.0%

20.7%

20.3%

100%

1,216

All Prisoners

54.2%

23.1%

22.7%

100%

2,656

Appendix Table 14: For those in the SIU for a long stay (16 days or more) only: What proportion of the days did the prisoner not get the “promised” 4 hours out of the SIU cell. Data are broken down by whether the prisoner was Non-Indigenous or Indigenous and by the region

Group

Percent of days in the SIU where 4 hour out-of-the cell was not achieved

Total (Row) Percent

Number of person-stays

Missed up to 50% of their days

Missed 51% to 75% of their days

Missed 76% or more of their days

Atlantic

Non-Indigenous

17.9%

18.5%

63.6%

100%

195

Indigenous

16.7%

25.4%

57.9%

100%

126

All Prisoners

17.4%

21.2%

61.4%

100%

321

Quebec

Non-Indigenous

6.2%

19.8%

74.0%

100%

454

Indigenous

6.5%

15.0%

78.4%

100%

153

All Prisoners

6.3%

18.6%

75.1%

100%

607

Ontario

Non-Indigenous

27.8%

31.0%

41.2%

100%

245

Indigenous

24.3%

27.8%

47.8%

100%

115

All Prisoners

26.7%

30.0%

43.3%

100%

360

Prairie

Non-Indigenous

53.0%

14.3%

32.7%

100%

321

Indigenous

66.1%

12.4%

21.5%

100%

604

All Prisoners

61.5%

13.1%

25.4%

100%

925

Pacific

Non-Indigenous

4.0%

13.8%

82.2%

100%

225

Indigenous

5.0%

14.7%

80.3%

100%

218

All Prisoners

4.5%

14.2%

81.3%

100%

443

Canada

Non-Indigenous

21.5%

19.4%

59.1%

100%

1,440

Indigenous

38.6%

16.0%

45.5%

100%

1,216

All Prisoners

29.3%

17.8%

52.9%

100%

2,656

Appendix Table 15: For those in the SIU for a long stay (16 days or more) only: What proportion of the days did the prisoner not get the “promised” 2 hours of meaningful human contact out of the SIU cell. Data are broken down by whether the prisoner was Non-Indigenous or Indigenous and by the region

Group

Percent of days in the SIU where 2 hours of meaningful human contact out-of-the cell was not achieved

Total (Row) Percent

Number of person-stays

Missed up to 50% of their days

Missed 51% to 75% of their days

Missed 76% or more of their days

Atlantic

Non-Indigenous

57.4%

24.6%

17.9%

100%

195

Indigenous

59.5%

29.4%

11.1%

100%

126

All Prisoners

58.3%

26.5%

15.3%

100%

321

Quebec

Non-Indigenous

38.3%

28.2%

33.5%

100%

454

Indigenous

34.6%

25.5%

39.9%

100%

153

All Prisoners

37.4%

27.5%

35.1%

100%

607

Ontario

Non-Indigenous

55.5%

25.3%

19.2%

100%

245

Indigenous

51.3%

25.2%

23.5%

100%

115

All Prisoners

54.2%

25.3%

20.6%

100%

360

Prairie

Non-Indigenous

66.7%

17.4%

15.9%

100%

321

Indigenous

74.2%

12.9%

12.9%

100%

604

All Prisoners

71.6%

14.5%

13.9%

100%

925

Pacific

Non-Indigenous

38.2%

30.2%

31.6%

100%

225

Indigenous

37.6%

31.7%

30.7%

100%

218

All Prisoners

37.9%

30.9%

31.2%

100%

443

Canada

Non-Indigenous

50.1%

25.1%

24.7%

100%

1,440

Indigenous

59.0%

20.7%

20.3%

100%

1,216

All Prisoners

54.2%

23.1%

22.7%

100%

2,656

Table 16: For those in the SIU for a long stay (16 days or more) only: How often is the prisoner recorded as having refused to leave the cell all day for their four hours out of cell.

Group

Amount of refusal to leave the cell all day for the four hours out of cell

Total (Row) Percent

Number of person-stays

Refused zero or one time

Refused at least twice, constituting up to 20% of their days

Refused at least twice, constituting 20.1% to 50% of their days

Refused at least twice, constituting 50.1% to 100% of their days

Non-Indigenous

31.5%

34.9%

23.0%

10.6%

100%

1,440

Indigenous

44.6%

30.3%

16.8%

8.3%

100%

1,216

All Prisoners

37.5%

32.8%

20.1%

9.6%

100%

2,656

Table 17: For those in the SIU for a long stay (16 days or more) only: How often is the prisoner recorded as having refused to leave the cell all day for two hours of meaningful human contact.

Group

Amount of refusal to leave the cell all day for the two hours of meaningful human contact

Total (Row) Percent

Number of person-stays

Refused zero or one time

Refused at least twice, constituting up to 20% of their days

Refused at least twice, constituting 20.1% to 50% of their days

Refused at least twice, constituting 50.1% to 100% of their days

Non-Indigenous

23.1%

38.6%

26.5%

11.9%

100%

1,440

Indigenous

40.5%

30.7%

21.6%

7.2%

100%

1,216

All Prisoners

31.0%

35.0%

24.2%

9.8%

100%

2,656

Table 18: For those in the SIU for a long stay (16 days or more) only: How often is the prisoner recorded as having refused to leave the cell all day for their four hours out of cell. Data broken down by Non-Indigenous vs. Indigenous SIU prisoners and region.

Group

Amount of refusal to leave the cell all day for the four hours out of cell

Total (Row) Percent

Number of person-stays

Refused zero or one time

Refused at least twice, constituting up to 20% of their days

Refused at least twice, constituting 20.1% to 50% of their days

Refused at least twice, constituting 50.1% to 100% of their days

Atlantic

Non-Indigenous

24.6%

43.6%

25.6%

6.2%

100%

195

Indigenous

33.3%

46.8%

18.3%

1.6%

100%

126

All Prisoners

28.0%

44.9%

22.7%

4.4%

100%

321

Quebec

Non-Indigenous

18.9%

35.7%

34.6%

10.8%

100%

454

Indigenous

15.0%

38.6%

30.1%

16.3%

100%

153

All Prisoners

18.0%

36.4%

33.4%

12.2%

100%

607

Ontario

Non-Indigenous

50.2%

42.9%

5.7%

1.2%

100%

245

Indigenous

43.5%

47.8%

6.1%

2.6%

100%

115

All Prisoners

48.1%

44.4%

5.8%

1.7%

100%

360

Prairies

Non-Indigenous

59.2%

29.3%

9.0%

2.5%

100%

321

Indigenous

68.7%

24.2%

6.0%

1.2%

100%

604

All Prisoners

65.4%

25.9%

7.0%

1.6%

100%

925

Pacific

Non-Indigenous

3.1%

24.9%

36.0%

36.0%

100%

225

Indigenous

5.5%

22.9%

42.2%

29.4%

100%

218

All Prisoners

4.3%

23.9%

39.1%

32.7%

100%

443

Canada

Non-Indigenous

31.5%

34.9%

23.0%

10.6%

100%

1,440

Indigenous

44.6%

30.3%

16.8%

8.3%

100%

1,216

All Prisoners

37.5%

32.8%

20.1%

9.6%

100%

2,656

Table 19: For those in the SIU for a long stay (16 days or more) only: How often is the prisoner recorded as having refused to leave the cell all day for their 2 hours of meaningful human interaction. Data broken down by Non-Indigenous vs. Indigenous SIU prisoners and region.

Group

Amount of refusal to leave the cell all day for the 2 hours of meaningful human interaction

Total (Row) Percent

Number of person-stays

Refused zero or one time

Refused at least twice, constituting up to 20% of their days

Refused at least twice, constituting 20.1% to 50% of their days

Refused at least twice, constituting 50.1% to 100% of their days

Atlantic

Non-Indigenous

24.1%

51.3%

20.5%

4.1%

100%

195

Indigenous

35.7%

45.2%

18.3%

0.8%

100%

126

All Prisoners

28.7%

48.9%

19.6%

2.8%

100%

321

Quebec

Non-Indigenous

13.9%

33.3%

34.1%

18.7%

100%

454

Indigenous

11.8%

32.0%

34.6%

21.6%

100%

153

All Prisoners

13.3%

32.9%

34.3%

19.4%

100%

607

Ontario

Non-Indigenous

19.6%

41.6%

26.1%

12.7%

100%

245

Indigenous

21.7%

34.8%

28.7%

14.8%

100%

115

All Prisoners

20.3%

39.4%

26.9%

13.3%

100%

360

Prairies

Non-Indigenous

48.3%

33.0%

13.4%

5.3%

100%

321

Indigenous

62.3%

23.5%

12.6%

1.7%

100%

604

All Prisoners

57.4%

26.8%

12.9%

2.9%

100%

925

Pacific

Non-Indigenous

8.4%

43.1%

35.1%

13.3%

100%

225

Indigenous

12.8%

39.0%

35.8%

12.4%

100%

218

All Prisoners

10.6%

41.1%

35.4%

12.9%

100%

443

Canada

Non-Indigenous

23.1%

38.6%

26.5%

11.9%

100%

1,440

Indigenous

40.5%

30.7%

21.6%

7.2%

100%

1,216

All Prisoners

31.0%

35.0%

24.2%

9.8%

100%

2,656

Appendix Table 20: For those in the SIU for a long stay (16 days or more) only: How often is the prisoner recorded as having refused to leave the cell all day for their 4 hours out of cell by year in which the stay started (for non-Indigenous and Indigenous prisoners)

Year of entry into the SIU

Amount of refusal to leave the cell all day for the four hours out of cell

Total (Row) Percent

Number of person-stays

Refused zero or one time

Refused at least twice, constituting up to 20% of their days

Refused at least twice, constituting 20.1% to 50% of their days

Refused at least twice, constituting 50.1% to 100% of their days

Non-Indigenous SIU Prisoners

2020

26.8%

36.8%

24.3%

12.1%

100%

601

2021

34.2%

36.3%

20.7%

8.8%

100%

444

2022 (to 31 October)

35.7%

30.4%

23.5%

10.4%

100%

395

All years

31.5%

34.9%

23.0%

10.6%

100%

1,440

Indigenous SIU Prisoners

2020

38.1%

31.4%

20.8%

9.7%

100%

475

2021

49.0%

28.8%

13.6%

8.6%

100%

420

2022 (to 31 October)

48.3%

30.8%

15.0%

5.9%

100%

321

All years

44.6%

30.3%

16.8%

8.3%

100%

1,216

All Prisoners

2020

31.8%

34.4%

22.8%

11.1%

100%

1,076

2021

41.4%

32.6%

17.2%

8.7%

100%

864

2022 (to 31 October)

41.3%

30.6%

19.7%

8.4%

100%

716

All years

37.5%

32.8%

20.1%

9.6%

100%

2,656

Appendix Table 21: For those in the SIU for a long stay (16 days or more) only: How often is the prisoner recorded as having refused to leave the cell all day for the 2 hours of meaningful human contact by year in which the stay started (for non-Indigenous and Indigenous prisoners during each year)

Year of entry into the SIU

Amount of refusal to leave the cell all day for the 2 hours of meaningful human contact

Total (Row) Percent

Number of person-stays

Refused zero or one time

Refused at least twice, constituting up to 20% of their days

Refused at least twice, constituting 20.1% to 50% of their days

Refused at least twice, constituting 50.1% to 100% of their days

Non-Indigenous SIU Prisoners

2020

20.1%

40.3%

27.1%

12.5%

100%

601

2021

26.8%

36.0%

24.3%

12.8%

100%

444

2022 (to 31 October)

23.3%

39.0%

27.8%

9.9%

100%

395

All years

23.1%

38.6%

26.5%

11.9%

100%

1,440

Indigenous SIU Prisoners

2020

35.4%

33.1%

23.2%

8.4%

100%

475

2021

45.2%

26.4%

21.2%

7.1%

100%

420

2022 (to 31 October)

41.7%

32.7%

19.9%

5.6%

100%

321

All years

40.5%

30.7%

21.6%

7.2%

100%

1,216

All Prisoners

2020

26.9%

37.1%

25.4%

10.7%

100%

1,076

2021

35.8%

31.4%

22.8%

10.1%

100%

864

2022 (to 31 October)

31.6%

36.2%

24.3%

8.0%

100%

716

All years

31.0%

35.0%

24.2%

9.8%

100%

2,656

Appendix Table 22: For long stay (16 days or more) SIU prisoners. The extent to which refusals could account for not getting out of the SIU cell for the “four hours.” Those who refused to leave their cells relatively infrequently (i.e., on 50% or fewer days) but missed getting out of their cells for their “four hours” at least 51% of their days are people for whom “refusals” do not appear to be accounting for their time in the SIU cell without getting out.

Amount of refusal to leave the cell all day

Percent of days that four hours out of the cell was not achieved

Total (row) number of person stays

Missed up to 50% of their days

Missed 51% to 75% of their days

Missed 76% or more of their days

Number of Non-Indigenous Prisoners

Refused zero or one time

254

108

92

454

Refused at least twice, constituting up to 20% of their days

53

146

303

502

Refused at least twice, constituting 20.1% to 50% of their days

3

23

305

331

Refused at least twice, constituting 50.1% to 100% of their days

0

2

151

153

All Non-Indigenous Prisoners

310

279

851

1,440

Number of Indigenous Prisoners

Refused zero or one time

406

82

54

542

Refused at least twice, constituting up to 20% of their days

61

100

208

369

Refused at least twice, constituting 20.1% to 50% of their days

2

12

190

204

Refused at least twice, constituting 50.1% to 100% of their days

0

0

101

101

All Indigenous Prisoners

469

194

553

1,216

All Prisoners

Refused zero or one time

660

190

146

996

Refused at least twice, constituting up to 20% of their days

114

246

511

871

Refused at least twice, constituting 20.1% to 50% of their days

5

35

495

535

Refused at least twice, constituting 50.1% to 100% of their days

0

2

252

254

All Indigenous Prisoners

779

473

1404

2,656

Note: Numbers are presented rather than percents to make it easier for anyone to calculate alternative indexes of the impact of 'refusals.'

Appendix Table 23: For long stay (16 days or more) SIU prisoners. The extent to which refusals could account for not getting out of the SIU cell for the two hour of meaningful human contact. Those who refused to leave their cells relatively infrequently (i.e., on 50% or fewer days) but missed getting their two hours at least 51% of their days are people for whom “refusals” do not appear to be accounting for their time in the SIU cell without getting out.

Amount of refusal to leave the cell all day

Percent of days that the two hours of meaningful human contact was not achieved

Total (row) number of person stays

Missed up to 50% of their days

Missed 51% to 75% of their days

Missed 76% or more of their days

Number of Non-Indigenous Prisoners

Refused zero or one time

304

18

10

332

Refused at least twice, constituting up to 20% of their days

381

139

36

556

Refused at least twice, constituting 20.1% to 50% of their days

37

197

147

381

Refused at least twice, constituting 50.1% to 100% of their days

0

8

163

171

All Non-Indigenous Prisoners

722

362

356

1,440

Number of Indigenous Prisoners

Refused zero or one time

449

29

14

492

Refused at least twice, constituting up to 20% of their days

248

93

32

373

Refused at least twice, constituting 20.1% to 50% of their days

20

126

117

263

Refused at least twice, constituting 50.1% to 100% of their days

0

4

84

88

All Indigenous Prisoners

717

252

247

1,216

All Prisoners

Refused zero or one time

753

47

24

824

Refused at least twice, constituting up to 20% of their days

629

232

68

929

Refused at least twice, constituting 20.1% to 50% of their days

57

323

264

644

Refused at least twice, constituting 50.1% to 100% of their days

0

12

247

259

All Indigenous Prisoners

1439

614

603

2,656

Note: Numbers are presented rather than percents to make it easier for anyone to calculate alternative indexes of the impact of 'refusals.'

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