Pandemic powers spike in average length of youth stints in solitary

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This article was published 25/06/2021 (1316 days ago), so information in it may no longer be current.

Manitoba justice minister Cameron Friesen noted COVID-19 isolation policies were developed in conjunction with public health, and noted without pandemic-related isolation periods the data shows a decrease in length and instances of solitary confinement.

“Our government remains committed to the modernization of our criminal justice system and to developing alternatives to incarceration for youth, while ensuring that youth admitted to our facilities have access to trauma-informed and culturally safe supports,” the minister wrote in a statement to the Free Press.

 

 

COVID-19 pandemic protocols led to increased use of segregation and solitary confinement in Manitoba’s youth jails last year, despite watchdog recommendations to end or restrict the practices in 2019.

While instances of solitary confinement have decreased over the last five years, a new report from the Manitoba advocate for children and youth released Friday noted the average length of youth stints in solitary had jumped drastically — from 25 hours in 2019 to more than five days in 2020.

Solitary confinement of youth, persons with disabilities or those with mental health concerns is internationally prohibited under the UN Nelson Mandela Rules, acting advocate Ainsley Krone said in a press conference Friday.

The report provided an update on six recommendations the advocate’s office presented to Manitoba Justice in 2019, after a review of the province’s two youth jails (Agassiz Youth Centre and Manitoba Youth Centre) found frequent use of punitive solitary confinement.

In the 2019 review, the advocate recommended facilities end the practice of solitary confinement for longer than 24 hours and restrict the use of segregation for less than 24 hours through legislative changes. It also recommended increasing mental health and cultural supports, creating designated mental health facilities for youth in custody, and regulating the use of pepper spray.

After monitoring youth correctional facilities monthly since the report was released, the advocate found Manitoba Justice has complied with just one recommendation: regulating and effectively ending the use of pepper spray.

According to Friday’s report, there were 1,367 incidents of segregation between 2019 and 2020. Nearly 40 per cent of those incidents exceeded 24 continuous hours.

Isolation periods lasting longer than 15 days increased tenfold — from three incidents in 2019 to 36 in 2020 — marking what Krone called a “concerning” rise in a practice that can cause “irreversible psychological trauma” and is banned under international standards.

“The use of segregation in Manitoba is high,” said Krone, noting around three in every five Manitoba youth in custody experienced at least one incident of segregation in 2020.

Though Manitoba Justice had been reducing the length of confinement periods between 2015 and 2019, the conditions of the COVID-19 pandemic resulted in a dramatic spike in length of segregation incidents last year, as youth were placed in administrative 14-day isolation upon entering the facility, the advocate said.

Segregation incidents had decreased significantly between the 2015-16 evaluation period and 2019 (from 1,455 to 671) as did the average hours of segregation (from 85 to 25 hours), but both the frequency and length of segregation increased in 2020 to 696 incidents lasting an average 132 hours.

“Although it is meant to be a public health measure, youth in COVID-19 segregation reported having limited and inconsistent access to educational, mental health and cultural supports,” Krone said.

“Any incident of prolonged solitary confinement is considered problematic, regardless of the reason.”

While COVID-19 isolation comprised more than half of 2020s segregation incidents, Manitoba Justice reported “behavioural management” as the top reason for confinement in 2019 and the second-most common reason for segregation in 2020.

The review found an overwhelming majority of youth in segregation (94 per cent) were Indigenous, and nearly two-thirds (63 per cent) had known mental health concerns.

One interview with an Indigenous youth revealed he had been denied access to an elder while in segregation — a practice that violates rights outlined in the UN Convention on the Rights of the Child and UN Declaration on the Rights of Indigenous Peoples, the advocate noted.

“These statistics point to the importance of trauma-informed practices that address mental health issues and are culturally-safe for youth while in custody,” Krone wrote.

Both youth and custody facility staff recognized needs for more adequate mental health supports at institutions, according to the report.

Staff noted the elimination of various group programs had negatively impacted incarcerated youth, and stressed the need for cross-departmental support and designated mental health facilities, reiterating recommendations outlined in the 2019 review.

“Without an understanding of youths’ histories of trauma, their behaviour might be identified only as a safety risk and not a symptom of unresolved trauma or an unmet emotional need,” the report read.

“Reframing youth behaviour in the context of childhood trauma might hold the key to reducing segregation and improving conditions and outcomes for youth and staff alike.”

In a statement Friday, NDP justice critic Nahanni Fontaine said revelations in the report were “shocking” and called on Justice Minister Cameron Friesen to “put supports in place so that this traumatic practice can end and youth can get the mental health care they need.”

“As Opposition Justice Critic, I am working to put forward legislation which would better regulate solitary confinement and create more safeguards for young people living in justice facilities,” Fontaine said.

Manitoba justice minister Cameron Friesen noted COVID-19 isolation policies were developed in conjunction with public health, and noted without pandemic-related isolation periods the data shows a decrease in length and instances of solitary confinement.

“Our government remains committed to the modernization of our criminal justice system and to developing alternatives to incarceration for youth, while ensuring that youth admitted to our facilities have access to trauma-informed and culturally safe supports,” the minister wrote in a statement to the Free Press.

 

julia-simone.rutgers@freepress.mb.ca

Twitter: @jsrutgers

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