An examination of the ethical implications for segregation units in Canadian federal prisons

In January 2018, the B.C Supreme Court ruled the use of administrative segregation in Federal Corrections for long-term or indefinite durations as unconstitutional. While administrative segregation is used as an offender management strategy by the Correctional Service of Canada (CSC) to maintain a safe and secure environment, the conditions of confinement may pose a risk of psychological harm for the isolated inmate occupant. Under the ethical guidance of a deontological framework, the risk of psychological harm outweighed the institutional impact of administrative segregation. While psychological harm is an important consideration, it may be more effective to evaluate the use of administrative segregation under the framework of therapeutic jurisprudence. After examining the practice of administrative segregation within Canada and abroad, a summary of the recent court ruling is provided, as well as a review of the literature regarding the factors associated with administrative segregation. Finally, the application of therapeutic jurisprudence to the use of administrative segregation is explored and recommendations are provided.