Page - 375 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

375COVID-19 in Canadian Prisons: Policies, Practices and Concerns there is still such a shortage that, for example, one institution dealing with an outbreak has only two nurses available (one more than pre- pandemic), and one part-time physician, for nearly 200 people.39 The Public Health Agency of Canada has not performed any external audits of the implementation of the protocols and measures adopted by CSC.40 Extensive segregation with little to no stimuli or family contact has been the most common response to the pandemic in federal penitentia- ries. Infected or presumptively infected people are locked up in medi- cal isolation, or on “infected ranges.”41 In the institutions where there are active outbreaks, even individuals who are not presumed infected are held for up to 24 hours in their cells. When permitted to go outside their cell for 20 minutes each day, they have to choose whether they will call their family, or their lawyer, or take a shower.42 In some institu- tions without outbreaks, individuals who are not presumptive COVID- 19 cases are allowed outside between two and four hours daily. This regime is, at least at times, in breach of international norms and human rights,43 according to which, in all circumstances, prolonged isolation (more than 14 days of being locked up for 22 hours or longer in a cell) and indefinite isolation (without a clear end) constitute torture.44 Decarceration efforts in provincial prisons have had some success in most provinces. As of May 15, 2020, there have been 168 confirmed cases of infection45 in provincial custody, and one death in Quebec.46 Nearly all of these cases came from the same two jails in Ontario47 and Quebec.48 This is likely correlated with the reported 39. Canada, Office of the Correctional Investigator, supra note 36 at 7. 40. Ibid at 8. 41. Ibid. See also Justin Ling, “Inmates With Coronavirus Are Being Thrown Into ‘Extremely Difficult’ Confinement: Prison Watchdog”, Vice News (27 April 2020), online: <perma.cc/DZ2K-6PQE>. . 42. Ibid at 4–6. 43. Canada, Office of the Correctional Investigator, supra note 36 at 5. 44. United Nations, supra note 2 at Rule 44 and 43(a). 45. Tracking the Politics of Criminalization and Punishment in Canada, “Confirmed COVID-19 Cases Linked to Canadian Carceral Institutions” (April 26, 2020), online (blog): TPCP-Canada <perma.cc/R2L8-ZLAB>. 46. Paul Cherry, “Inmate at Bordeaux Jail Dies of COVID-19”, Montreal  Gazette (21 May 2020), online: <perma.cc/T8U9-2WTA>; Daniel Renaud, “Le détenu de Bordeaux hospitalisé est décédé”, La Presse (20 May 2020), online: <www.lapresse.ca/covid- 19/202005/20/01-5274256-le-detenu-de-bordeaux-hospitalise-est-decede.php>. 47. Alyshah Hasham & Jim Rankin, supra note 29. 48. CBC News, “Civil Rights Groups Call for Action After Bordeaux Jail Inmate Dies from COVID-19”, CBC News Montreal (20 May 2020), online: <perma.cc/ CP88-4MAV>.