Regulating Restraint: Legal Oversight of Seclusion in Canadian Forensic Psychiatric Hospitals
Bibliographic record
Abstract
Abstract Prolonged solitary confinement is inconsistent with international minimum rules for the treatment of prisoners and may constitute cruel, inhuman, or degrading treatment. In a series of recent cases, appellate courts in Canada have curtailed the use of prolonged solitary confinement in prisons on the basis that such detention is “grossly disproportionate” and “cruel and unusual.” But these judgments in the penal context have not resulted in comparable regulation of seclusion in forensic psychiatric hospitals. Seclusion in these contexts is often comparable to solitary confinement in prison and carries with it the same serious risks of lasting harm. This article comparatively reviews the legislative and policy framework that regulates the use of seclusion in different provinces in Canada. The article argues that case law on prolonged solitary confinement in the penal context has application to the forensic psychiatric context and that a failure to more closely regulate the use of seclusion may render this type of mental health legislation and treatment unconstitutional.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.010 | 0.031 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.019 | 0.010 |
| Scholarly communication | 0.008 | 0.002 |
| Open science | 0.005 | 0.005 |
| Research integrity | 0.005 | 0.005 |
| Insufficient payload (model declined to judge) | 0.005 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".