New Brunswick prison records longest average segregation placements

Inmates inside New Brunswick's Atlantic Institution are facing longer stays in solitary confinement on average than inmates at any other Canadian prison, according to a CBC News analysis.

At the maximum-security prison in Renous, segregation placements lasted an average of 51 days in 2015-16.

Four Atlantic Canadian prisons rank in the national top 10 when it comes to duration of stay in segregation during that year, the figures show. That's more than any other region in Canada.

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A top official at Correctional Service Canada (CSC) admits that an inmate inside an Atlantic prison may be more likely to have a longer stay in segregation than if he were sent to a prison elsewhere in Canada.

But Nick Fabiano, CSC's director general of security, says the problem lies in "the difficulty sometimes in trying to find alternatives" to segregation in the region.

"We don't have another maximum security institution in Atlantic [Canada]," Fabiano said in an interview.

"Therefore, if the individual needs to be moved to another region, it may take a little bit longer to move that individual to that region."

Segregation a 'last resort' in prison

Fabiano said administrative segregation is used as a "last resort" when inmates are at risk from others or pose a risk to another person.

He said officials regularly review administrative segregation placements, with the goal of finding alternatives. The number of total segregation placements are falling across Canada, he added.

But Fabiano could not say what changes he would make to create more alternatives to solitary confinement in Atlantic Canada.

"I would continue to do what we're doing," he said.

"That is ensuring that we are using administrative segregation for the purpose intended, which is to manage risk and to ensure we continue to have the proper oversight we do have in place today."

Use fluctuates across country

The duration of time inmates are spending in segregation varies widely by region and security level, the figures show.

Some experts say the fluctuation suggests better legislation is needed to govern the use of administrative segregation across the country.

Fabiano said most inmates spend around eight days in segregation at Atlantic Institution.

He suggested a handful of inmates with exceptionally long stays in segregation could be driving the average up, but he couldn't provide details on those cases.

"Our goal is to remove the individual from administrative segregation as quickly as possible," Fabianosaid.

It's those cases that catch the attention of Canada's federal correctional investigator, Howard Sapers.

Stays in segregation that stretch as long as 60, 90 or even 100 days are "very problematic," Sapers said.

"Long-term or segregation or isolation in those most austere conditions of confinement can be very detrimental to the individual and frankly jeopardize their safe and timely return to the community post sentence."

Security classification could have impact

The average stay in segregation at AtlanticInstitution has decreased since 2014-15, when it sat at 61 days.

Fabiano also suggested Atlantic Institution's ranking could have something to do with its status as a maximum-security prison.

"We do find that we have greater segregation placements in our maximum security institutions, given the population that is in the institution," he said.

But Atlantic Institution's 51-day average is higher than the numbers posted by other maximum-security facilities across Canada.

For example, Kent Institution, a maximum-security prison in British Columbia, saw inmates stay in segregation for an average of only 28 days in 2015-16.

Three other Atlantic prisonsnone of which are classified as maximum-security facilitiesalso appear in the top 10: Shepody Healing Centre, Dorchester Penitentiary and Nova Scotia's Springhill Institution.

Concern from prisoners' advocacy group

The variation of segregation use raises questions about the criteria used to apply administrative segregation across the country, said Catherine Latimer, the national executive director of the John Howard Society.

While Correctional Service Canada has national rules guiding the use of administrative segregation, Fabiano said the final decision on whether to place an inmate thereand how long an inmate will staylies with the prison's warden.

That causes Latimer some concern.

"When someone is subjected to administrative segregation, they're basically losing residual liberties and they can only do that in a process which respects fundamental rights," she said.

Fabiano defended that process.

"I've already indicated that there's a very robust process in place to ensure that placements in administrative segregation are not arbitrary."

Latimer's organization argues that people with pre-existing mental health conditions shouldn't be sent to solitary confinement, pointing to research that it could create irreversible psychological damage.

Asked if he considered what it would be like to be in solitary confinement for 51 days straight, Fabiano said it would be a difficult question to answer.

He said CSC takes administrative segregation placements seriously. Those who are struggling could be moved to a mental health bed.

"We are ensuring that mental health is being considered," Fabiano said.

"If we see any deterioration, we're trying to act as quickly as possible."