Problems and Human Rights Failures in Canadian Prisons
This paper examines the persistent problems facing the Canadian prison system, tracing their roots to the punitive criminal justice policies adopted under the Harper Conservative Government (2006–2015). Drawing on peer-reviewed research, it explores how a culture of bias within corrections institutions enables violence, racial discrimination, sexism, and neglect to flourish. The paper argues that inmates' human rights are routinely violated in contravention of United Nations principles, and that the overrepresentation of Indigenous people, Black Canadians, and refugees in the system reflects deeper structural racism. The discussion considers rehabilitative alternatives drawn from Scandinavian models and restorative justice research, ultimately calling for legislative reform and a fundamental cultural shift in how Canada treats incarcerated individuals.
- Introduction: Origins and scope of Canada's prison crisis
- Research Findings: Violence, racism, and cultural bias in corrections
- Discussion and Analysis: Legislative failure and alternatives to punitive justice
- Conclusion: Call for cultural reform and restorative justice
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What makes this paper effective
- Anchors its argument in a clear thesis — that the persistence of problems in Canadian prisons stems from a culture of bias and the absence of a modern, culturally competent code of ethics — and returns to that thesis consistently throughout.
- Uses a variety of peer-reviewed sources covering complementary dimensions of the problem (violence, ethnic discrimination, gender, health), creating a multifaceted picture rather than a single-issue critique.
- Moves logically from evidence to analysis to prescription, giving the paper a coherent shape: the research section establishes what is happening, the discussion explains why it persists, and the conclusion outlines what must change.
Key academic technique demonstrated
The paper demonstrates effective synthesis of sources: rather than summarizing each source in isolation, the writer connects findings from Ricciardelli et al., Burdett et al., Kouyoumdjian et al., and Silverman & Molnar to a single organizing concept — cultural bias — showing how separate research threads converge to support one overarching argument.
Structure breakdown
The paper follows a standard four-part academic structure. The introduction contextualizes the issue historically (Harper government) and theoretically (UN principles). The research findings section presents three distinct cultural dimensions: correctional officer culture, ethnic culture, and overall prison culture. The discussion and analysis section interprets those findings, introduces comparative evidence from Scandinavian and U.S. restorative justice models, and identifies legislative inaction as the proximate cause of ongoing failure. The conclusion synthesizes the argument and proposes concrete starting points for reform.
Introduction
The Harper Conservative Government (2006–2015) contributed significantly to the punitive structure of corrections that exists today. In many ways it borrowed from the American approach to criminal justice, with its focus on punitive rather than rehabilitative or restorative justice (Webster & Doob, 2015). As a result, the Canadian prison system now faces multiple issues, including overcrowding, lack of counsel for inmates, and the use of segregation in prison administration. Health problems are rampant among prisoners, many of whom have mental health issues that go untreated (Kouyoumdjian, Schuler, Matheson & Hwang, 2016).
Essentially, the human rights of prisoners are often nullified, despite the fact that the United Nations listed ten basic principles for the treatment of prisoners that specifically focus on preserving those rights (Office of the High Commissioner, 1990). Even though the Canadian criminal justice system reserves the right under constitutional law to restrict certain rights from those sentenced to prison under the Charter of Rights and Freedoms, this practice conflicts with what the UN proclaimed in General Assembly resolution 45/111 of 14 December 1990. Instead of aligning policy with this resolution, Canada has oriented itself toward the American model of justice, which is inherently punitive and prejudicial.
This paper describes the research findings that explain why these problems persist and analyzes whether that research is credible. The main reason for the persistence of these problems is that the system has veered away from viewing offenders as human beings. There is a substantial lack of cultural competence among administrators and legislators, which leads to the marginalization and oppression of the prison population. The central problem is the absence of an up-to-date cultural code of ethics regulating the system.
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