Question Period Note: Dry Cells

A Nova Scotia Supreme Court judge issued a decision striking down paragraph 51(b) of the Corrections and Conditional Release Act on the use of “dry cells” and suspended the effect of the decision for six months.

• The Correctional Service of Canada is closely examining the Nova Scotia Supreme Court’s decision that was rendered on Friday, November 12, 2021.

• The Correctional Service of Canada takes seriously its obligations to provide safe, secure, and humane treatment while assisting offenders to become law-abiding citizens.

• Dry cells are one of many tools used to prevent the entry of contraband into institutions.

• Before placing an inmate in a dry cell, under law, the head of an institution must have reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity. As soon as an offender is placed in a dry cell, they are provided the opportunity to retain and instruct legal counsel without delay.

• While housed in a dry cell, the inmate is provided with adequate bedding, food, clothing, and toiletry articles. The Service also provides access to medical, spiritual, and psychological assistance. Limited activities may be permitted as long as they do not compromise contraband recovery.
 

Lisa Adams, an inmate at Nova Institution, filed a habeas corpus application and a claim for damages against the Correctional Service of Canada (CSC) alleging her confinement in a dry cell violated her Charter rights. In May 2020, she was placed in a dry cell for 16 days on suspicion of carrying contraband in a body cavity.

In November 2020, in the related habeas corpus application heard in Courts, the Attorney General of Canada conceded that the confinement was unlawful because CSC had no expectation that contraband carried in the vagina would be expelled. The decision on the habeas corpus was issued on November 12, 2021.

Dry Cell Procedures

Dry cells are used as one of many tools to prevent the entry of contraband into institutions. Ingested contraband can have serious impacts on the health and safety of an individual. Dry cells allow close monitoring of inmates that are suspected to have hidden contraband in their body cavities to ensure their safety.

As outlined in section 51 of the Corrections and Conditional Release Act (CCRA), where the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity, they may authorize in writing the detention of an inmate in a cell without plumbing fixtures (with notice to medical staff) on the expectation that the contraband will be expelled.

Dry cell procedures are followed as per Commissioner's Directive 566-7 – Searching of Offenders, where every bowel movement will be searched by a correctional officer/primary worker. Once it has been determined that the contraband may have been expelled, if any items are recovered the procedures in Commissioner's Directive 568-5 – Management of Seized Items will be followed.

As soon as an offender is placed in a dry cell, they are provided the opportunity to retain and instruct legal counsel without delay. While in a dry cell, the inmate is also provided with adequate bedding, food, clothing, and toiletry articles. CSC also provides access to medical, spiritual, and psychological assistance. Limited activities may be permitted as long as they do not compromise contraband recovery.

Legislation and policy do not prescribe a maximum amount of time an inmate can spend in a dry cell, but policy does prescribe that the placement must be reviewed by the Institutional Head daily, as per Annex E of Commissioner's Directive 566-7. The offender may make written representations for consideration at the daily review.

Dry Cell Enhancements

Over the years, CSC has made a number of enhancements to dry cell requirements. The June 2012 update to the policy framework (Commissioner's Directive 566-7 – Searching of Inmates) introduced national requirements for dry cell placements, which included enhanced oversight and monitoring. Procedural safeguards outlined in policy require that the Institutional Head review the placement on a daily basis. To allow for oversight by someone other than the Institutional Head, the Assistant Deputy Commissioner, Correctional Operations, at Regional Headquarters is notified of any placement exceeding 72 hours. Moving forward, CSC will consider additional safeguards and oversight measures relevant to the use of dry cells.

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