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prisons, without first depopulating to the extent possible.8 Second,
depopulation must be done safely, while providing individuals with
adequate community supports upon release. Third, prevention proto-
cols following the public health agenciesâ guidelines must be adopted
and implemented in all institutions.9
Some prison systems in Canada failed to respond adequately to
the pandemic, leading to serious consequences for incarcerated peo-
ple and the community. In the next sections, after providing a brief
overview of the heightened vulnerability of prisoners to COVID-19, I
will critique the prison responses to the pandemic, both from a rights
and public health perspective. I will conclude with a set of recommen-
dations that should be considered to avoid future crises in prisons.
Demographic and Institutional Risk Factors
Prison populations are at higher risk of contracting COVID-19 and of
developing severe complications. The prison environment heightens
these risks and prisons are ill prepared to prevent or address infec-
tions among those in custody.10
Most of the marginalized groups discussed in this book are
overrepresented in prisons: individuals with serious health issues,
including physical and mental disability, people living in poverty,
Indigenous people and other racial minorities, and homeless peo-
ple.11 Due to their pre-existing social marginalization, in addition to
8. See e.g. Sean Fine, âCalls to Release Some Prisoners Intensify as First Known
Coronavirus Outbreak Announced in Canadian Prisonâ, The Globe and Mail (30
March 2020), online: <perma.cc/J57V-EUQ3>; Jane Philpott & Kim Pate, âTime
Running out to Protect Prisoners and Prison Staff from Calamityâ, PolicyÂ
Options
(31 March 2020), online: <perma.cc/675U-GTJL>; âUNODC, WHO, UNAIDS and
OHCHR Joint Statement on COVID-19 in Prisons and Other Closed Settingsâ, (13
May 2020), online: World Health Organization <perma.cc/S4KM-H7E7> [WHO].
9. âInterim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in
Correctional and Detention Facilitiesâ (23 March 2020), online (pdf): Centers for
Disease Control and Prevention <perma.cc/GR4Q-N7UB>; WHO, supra note 8.
10. Talka Burki, âPrisons Are âin no Way Equippedâ to Deal with COVID-19â (2020)
395:10234 Lancet at 1411; Laura Hawks et al, âCOVID-19 in Prisons and Jails in
the United Statesâ [2020] JAMA Intern Medicine.
11. Law Council of Australia, Prisoners and Detainees, Final Report Part 1 (Canberra:
Law Council of Australia, August 2018) at 6; Canada, Office of the Correctional
Investigator, AgingÂ
andÂ
DyingÂ
inÂ
Prison:Â
AnÂ
InvestigationÂ
intoÂ
theÂ
ExperiencesÂ
ofÂ
OlderÂ
Individuals in Federal Custody, (Ottawa: Office of the Correctional Investigator,
2019) at 20, 27; Senate Committee on Human Rights, Interim ReportâStudy on theÂ
Human Rights of Federally-Sentenced Persons: The Most Basic Human Right Is to BeÂ
VULNERABLE
The Law, Policy and Ethics of COVID-19
- Title
- VULNERABLE
- Subtitle
- The Law, Policy and Ethics of COVID-19
- Authors
- Vanessa MacDonnell
- Jane Philpott
- Sophie Thériault
- Sridhar Venkatapuram
- Publisher
- Ottawa Press
- Date
- 2020
- Language
- English
- License
- CC BY-NC-ND 4.0
- ISBN
- 9780776636429
- Size
- 15.2 x 22.8 cm
- Pages
- 648
- Categories
- Coronavirus
- International