“Dry cells” are essentially a type of isolation in which detainees suspected of smuggling into their bodies are subjected to 24-hour light and surveillance and deprived of access to running water. The idea is that they will eventually go through whatever substance they may be hiding so that the authorities can recover it. The federal prison guard, prison investigator Ivan Zinger, described the conditions of the dry cell confinement as “far from the most humiliating, harsh and restrictive imaginable in federal corrections”. Former federal inmate Lisa Adams has filed a lawsuit against the practice after undergoing dry cell confinement for more than two weeks in 2020 when she was suspected of carrying crystalline methamphetamine into her vagina. After 15 days alone and under constant supervision, a pelvic examination revealed that she was not hiding anything in her body. The Nova Scotia High Court has ruled that the practice is illegal, as an inmate suspected of hiding something in his vagina could be locked in a dry cell indefinitely. “The predominantly involuntary menstrual process through which bodily fluids or waste (including smuggling) can be excreted through the vagina is less common than through the digestive system. As a result, women may experience longer periods of dry retention. “When there is a reasonable suspicion of smuggling into the bay – as was the case with Ms Adams,” Judge John Keith said in his ruling. The Crown in the case simply proposed to change the wording of the legislation to exclude those suspected of concealing material within them. Keith said this would be an oversimplification and gave the government six months to reconsider its policy as a whole. This deadline expires in May.
A “really, really torturous” method, says the advocate
In a budget table last Thursday, the federal government said it would amend the law on corrections and conditional release to ban the use of dry cells for those suspected of hiding smuggling into their vaginal cavities. The paper makes no reference to the complete abolition of the controversial practice of dry cells. The budget announcement came as a surprise to Emilie Coyle, executive director of the Canadian Association of Elizabeth Fry Societies. She said she was disappointed that the government did not seem to be reviewing the practice for all detainees. “It’s particularly outrageous for people who have vaginas because they could be dry cells indefinitely. But dry cell practice is generally a harmful practice,” Coyle said in an interview Monday. “It’s a really, really torturous way to try to extract suspected smuggling.” It’s hard to know how common the practice is, Coyle added. Current and former prison investigators have repeatedly called on the federal government to set limits on the practice.
The CSC rejected the recommendation
In his 2020 annual report, Zinger reissued a nearly decade-long recommendation banning detainees from being held in dry cells for more than 72 hours. “In my opinion, beyond 72 hours there can be no further reason or justification for detaining or detaining a person in such deprivation conditions,” he wrote in his report. “After three days, this process certainly becomes irrational, if not severely punitive.” The Canadian Penitentiary Service once again rejected the recommendation, arguing that “it is more than possible to delay defecation beyond 72 hours” and that some people do not urinate more than once or twice a week. Detainees are always provided with bedding, food, clothing and toiletries, as well as reasonable access to medical, spiritual and psychological assistance, the penitentiary said in its response to the recommendation. The agency said it would consider other safeguards and oversight measures for the use of dry cells.
