The territorial Department of Justice has reached a settlement with the Yukon Human Rights Commission over practices at the Whitehorse Correctional Centre (WCC).

The agreement covers the use of segregation and separate confinement at the WCC. The agreement is the direct result of four human rights complaints from inmates at the facility from 2014.

The agreement was signed last May and the inmates have agreed to withdraw their complaints. The commission is not able to share any information about these complaints nor their originators.

Acting deputy Justice minister Al Lucier explained what this agreement will mean for the WCC in the future.

He said the agreement will result in improved services for inmates suffering with mental health issues. As well, there will be an increased oversight over the use of segregation when mental health is a factor, and there will be better training for staff and greater consideration for Indigenous inmates.

Commission director Jessica Lott Thompson said today segregation, or separate confinement, is a harmful.

“Their use should ultimately be ended,” Thompson told the Star.

She clarified that segregation means that an inmate is held in a cell without meaningful human contact for nearly the entire day. This can last up to 21 hours.

Separate confinement is is more self-explanatory. Inmates are held separately of each other.

She explained that these practices negatively impact everyone including suffering from mental health problems, as well as the Indigenous inmate population. She said the main focus of the agreement is better mental health practices.

Inmates suffering from mental illness can be affected in different ways under these conditions.

Thompson said every human being has a need for contact with others. Preventing that contact is damaging to all individuals, not just those suffering from mental health issues, she added.

She pointed out that the United Nations considers segregation as a form of torture when it exceeds 15 days. The UN considers the practice wrong, stating it goes against the core of human rights.

Thompson said that although the inmates at WCC are prisoners, they still have human rights.

The agreement proposed some alternatives to segregation and separate confinement as well as several terms.

One such term is the formation of the forensic mental health unit. This unit will be led by a clinical psychologist who holds a PhD, and this person must be integrated into the WCC’s management team.

The clinical psychologist will lead a team of mental health professionals to care for the inmates.

This unit must be formed within 12 months.

The unit will recommend therapeutic alternatives to segregation or separate confinement. Thompson explained that since she is not a doctor, she was not able to give an example of a therapeutic alternative.

She did say these alternatives would be considered on a case-by-case basis as well as tailored to the individual medical needs of a specific inmate.

She finds the formation of this unit is a good thing. It will bring great mental health knowledge and experience to the WCC, she added.

“It will be extremely positive at improving the lives of prisoners,” she said.

Lucier touched upon the impacts on Indigenous inmates. He said this agreement will ensure greater consideration for Indigenous Social History with regard to policies and practices at the WCC.

Existing Gladue reports can be used when assessing individual needs for Indigenous inmates.

The agreement also calls for an alternative measure panel.

This panel will come into play when segregation is considered. The idea will be to reduce the use of these two practices and use them only as a last resort, once all other options are exhausted.

Thompson is pleased that the agreement calls for increased documentation on health care practices. She feels there will be a meaningful improvement in record keeping.

The commission will be providing training for both WCC staff and management. That instruction will deal with human rights in a correctional setting.

This training will be part of the orientation as well as the Corrections Officer Basic Training program.

Thompson said no date has been set for the training, but added it should be happening soon.

She did say the commission has hired two new employees, Sarah Murphy and Lauren Passmore, to deliver the guidance.

Thompson said this agreement is a contractual arrangement, so compliance can be enforced.