Governing Risk Through Forced Confinement: Clawback of Pre-Pandemic Reforms

Abstract

AbstractWe examine the use of forced confinement and isolation to limit the spread of COVID-19 in Ontario prisons and jails. Drawing on interview data, we illustrate how a reliance on forced confinement and isolation has exacerbated harms experienced by prisoners in relation to physical, mental, and social health. Through discourse analysis of grey literature, we then discuss the politics and governance of carceral institutions during the pandemic, focusing on how practices of isolation were legitimized during the pandemic, despite recent rulings establishing isolation and segregation as torture. We close by arguing that the case of isolation during the pandemic is one example which highlights the systemic and ongoing nature of rights violations in Canadian prisons and jails. To address these harms, we must shift focus away from reform and towards decarceration.