Page - 367 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

CHAPTER D-5 COVID-19 in Canadian Prisons: Policies, Practices and Concerns* Adelina Iftene** Abstract Correctional Service of Canada and the provincial prison systems have a duty to provide incarcerated individuals with health services that are comparable to those in the community, but they have failed to do so during the COVID-19 pandemic. There are inherent practical dif- ficulties to implementing health care in prisons. In addition, prison demographics include a higher proportion of populations that are vul- nerable to disease. These factors together mean that the prison response to COVID-19 must involve depopulation and the implementation of guidelines provided by public health agencies in all institutions. So far, the measures taken have been insufficient, as is evidenced by the rapid rates of spread of COVID-19 within prisons compared to the commu- nity. An overreliance on segregation of incarcerated individuals as a preventive measure raises concerns under s. 7 of the Charter  of  Rights  and Freedoms (the Charter) and international human rights. There are also equality concerns under s. 15 of the Charter, given the high propor- tion of Indigenous people in prison. Ultimately, some prison systems’ * I am very grateful to Anthony Doob, Constance MacIntosh, Andrew Martin, Martha Paynter, Sophie Theriault, and the anonymous peer reviewer for their thoughtful comments and suggestions on earlier drafts. I am also thankful to Maggie McCann (JD’21) for her outstanding research assistance. ** Assistant Professor at Schulich School of Law, Dalhousie University and incom- ing Associate Director of the Health Law Institute at Dalhousie.