UNDERSTANDING THE LEGISLATIVE PROCESS OF STRUCTURED INTERVENTION UNITS – CAN STRUCTURED INTERVENTION UNITS SUCESSFULLY TRANSFER FROM LAW INTO PRACTICE?

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Cooper, Mackenzie

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thesis

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eng

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Solitary Confinement , Administrative Segregation , Structured Intervention Units , Federal prisons , Canada , Bill C-83

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Research indicates through perceptual and sensory deprivation as well as social isolation, including restrictions on a prisoner’s freedom of association, assembly and movement, solitary confinement leads to the creation, maintenance, and aggravation of mental and physical harms. Several legal challenges have been launched challenging the constitutionality of using solitary confinement, with two major court decisions in Ontario and British Columbia rendering solitary confinement unconstitutional. The Canadian government responded by introducing Structured Intervention Units (SIUs) through Bill C-83, eliminating solitary confinement in federal prisons. This thesis seeks to determine if SIUs can successfully transfer from policy into practice through analyzing the legislative process of SIUs. By performing a qualitative content analysis of various publicly available documents such as judicial decisions, House of Commons Debates, Senate Debates, their respective committees and stakeholder submissions three themes emerge. Meaningful contact, length of placement and oversight mechanisms are the themes which have been utilized to demonstrate the difficulty of successfully implementing SIUs at the institutional level. This work will set the stage for future research to examine the long-term impacts this policy change will have on those most affected. To determine if this is the best we can do or if more needs to be done to ensure offenders and frontline staff are provided with the proper tools and resources to successfully benefit from this new practice. Furthermore, this research is both important and timely to ensure the same harms evident with administrative segregation are not replicated under the new regime of SIUs.

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