A qualitative study comparing Canadian and international legislation governing administrative segregation in correctional facilities

Administrative segregation, also known as solitary confinement, is a procedure used in correctional facilities to remove certain inmates from the general prison population. This is a controversial method since it can lead to mental and physical harm and sometimes even resulting in suicide. Canadian cases, such as the death of Ashley Smith, have shown the several issues involving the use of administrative segregation. Further, the UN Nelson Mandela Rules define separate confinement lasting longer than 15 days as torture. This qualitative study examined the federal and provincial legislation of Canada governing administrative segregation. Additionally, a review of the legislation involving administrative segregation from six European countries (Germany, Austria, Switzerland, France, England, and Ireland) as well as Australia and New Zealand was conducted. The findings in the international statutes helped to establish recommendations for the Canadian legal system regarding the procedure of administrative segregation in correctional facilities.