Question Period Note: Dry Cells

The Budget Implementation Act received Royal Assent on June 23, 2022 which introduced amendments to the Corrections and Conditional Release Act pertaining to the use of dry cells following a decision by a Nova Scotia Supreme Court.

• The Government of Canada remains committed to keeping illicit contraband out of federal penitentiaries to ensure a safe and secure environment for staff, inmates and visitors.
• Dry cells are used as a last resort to seize contraband.
• Amendments were passed by Parliament that addressed the Court’s decision to ensure that the use of these cells comply with the Charter.
• The government will enhance its reporting mechanisms, ensure adequate necessities, including nutritious food and toiletry articles, are provided to inmates in these cells, and give significant consideration to their mental and physical well-being.
• In August 2022, a Ministerial Direction was issued to Correctional Service Canada to provide clarity on the use of dry cells while the government develops regulations to supplement the current law (CCRA).
• At the same time, we continue to explore new technologies as additional tools to detect the presence of contraband.
• Currently, body scanners are being piloted at two institutions, which will work to inform future decisions on their broader implementation.

The Corrections and Conditional Release Act’s (CCRA) provision related to the use of dry cells was amended to ensure that it complies with the Canadian Charter of Rights and Freedoms (Charter), following a Nova Scotia Supreme Court decision which struck down the provision as unconstitutional. The Court found section 51(b) of the CCRA unjustifiably violated section 15 of the Charter.

If an Institutional Head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband, or is concealing contraband in a body cavity, section 51(b) of the CCRA permits CSC to place them in a dry cell – a cell that lacks plumbing fixtures, and is subject to continuous observation. The inmate remains in the dry cell until any suspected contraband is expelled or there is no longer a reasonable expectation that the contraband will be expelled.

As a result of this decision, Public Safety Canada and CSC sought, and received Parliamentary amendments to the CCRA to ensure that provisions related to the use of dry cells comply with the Charter and address the Court’s decision in federal institutions across Canada.

Statistics

DRUG-Related Seizure Method – Dry Cells
Detection Method FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 Grand Total
DRY CELL 66 55 44 62 54 281
Data extracted from Performance Direct – May 9, 2022

WEAPONS-Related Seizure Method – Dry Cells
Detection Method FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 Grand Total
DRY CELL Not avail. Not avail. 4 3 3 10
Data extracted from Performance Direct – May 9, 2022

Ministerial Direction

On August, 26, 2022, the Minister of Public Safety issued a Ministerial Direction (MD) to CSC on the use of Dry Cells. This MD is meant to provide clarity on the use of dry cells while the government develops regulations to supplement the CCRA and to ensure that CSC uses the least restrictive measures consistent with the protection of society, staff members and offenders.

The MD states that:

1. When a placement reaches the 48 hour mark, written notice and the rationale for the placement must be provided to Regional Headquarters, and when it reaches 72 hours, it must also be provided to National Headquarters.
2. Outside of business hours, if a placement is expected to reach either 48 or 72 hours, written notice and a rationale for the placement must be provided in advance.
3. CSC will ensure that significant consideration is given to offenders’ physical and mental well-being when assessing the rationale for placement in a dry cell.
4. CSC must ensure that adequate bedding, nutritious food in accordance with the Canada Food Guide, clothing and toiletry articles are provided to inmates in dry cells.

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