A/HRC/41/42/Add.1
acknowledged through its spokesperson that “racism exists within our health care system
and we, as leaders, acknowledge this”.30
61.
The Special Rapporteur believes that the practice of forced sterilization should be
investigated and addressed in the context of systemic discrimination against indigenous
people, particularly indigenous women, and that comprehensive information on consent
should be made available, while victims of such violence should receive full remedy
including compensation.31
G.
Violence against women in detention
62.
The Special Rapporteur visited the Nunavut Women’s Correctional Centre in Iqaluit
and the Women’s Correctional Centre of Manitoba in Headingly, where she had the
opportunity to hold private meetings with women in detention.
63.
The Special Rapporteur welcomes the positive steps that the Government of Canada
is taking in relation to the current consultations with provincial and territorial governments
in view of the forthcoming accession of Canada to the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. She
nevertheless draws the attention of the Government to serious concerns identified during
her visit to the detention centres, 32 primarily the overcrowding of facilities, the
overrepresentation of indigenous women, the widespread use of practices such as strip
searches and the employment of male staff working in direct contact with women in
women’s institutions, as well as the lack of a dedicated, stand-alone facility for women in
federal corrections.
64.
Most women in prison have histories of abuse (physical, sexual, domestic) and
addictions and suffer from post-traumatic stress disorder.33 In 2014–2015, 68 per cent of
federally sentenced women reported histories of sexual abuse and 86 per cent reported
having been physically abused at some point in their life. A total of 64.2 per cent of
federally incarcerated women are single mothers. At the provincial and territorial levels,
neither of the detention centres that the Special Rapporteur visited had in place any child
and mother programmes.34 In an investigation conducted in 2016–2017 by the Office of the
Correctional Investigator among women in maximum security prisons, 90 per cent reported
being segregated during their detention and 83 per cent also reported having mental health
problems that, as highlighted also by the Canadian Human Rights Commission, are often
exacerbated during their placement in segregation. 35
65. In the case of 19-year-old Ashley Smith, who was found dead in her segregation cell,
staff members were charged for alleged assault or criminal negligence. Although the
charges were stayed because of the administrative directive of Correctional Service Canada
to staff not to assist Ms. Smith, the jury, following an inquest into her death, ruled her death
a homicide and made 104 recommendations.36
66.
Incarceration as a response to women with mental health conditions is against
international human rights standards, and there is an urgent need to provide alternatives to
30
31
32
33
34
35
36
12
Betty Ann Adam, “Saskatoon Health Region apologizes for forced tubal ligations, says report
‘provides clear direction’”, Saskatoon StarPhoenix, 28 July 2017.
See also Dr. Yvonne Boyer and Dr. Judith Bartlett, “External review: tubal ligation in the Saskatoon
Health Region: the lived experience of aboriginal women” (July 2017).
See www.csc-scc.gc.ca/research/err-16-23-eng.shtml. See also www.caefs.ca/wpcontent/uploads/2013/05/csc-revw.pdf.
See www.caefs.ca/wp-content/uploads/2013/05/csc-revw.pdf.
See Feminist Alliance for International Action and others, “Discrimination against indigenous and
racialized women in Canada”, submission to the Committee on the Elimination of Racial
Discrimination (2017), and Canadian Association of Elizabeth Fry Societies, “Long term effects of
abuse and trauma”.
See www.oci-bec.gc.ca/cnt/rpt/pdf/annrpt/annrpt20162017-eng.pdf.
See www.chch.com/wp-content/uploads/2013/12/2013-1219-AshleySmithVerdict.pdf.
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