The Dangerous Illusion Of The Humane Prison

The right of trans prisoners in Canada to self-identify their gender is an important win. How can it be used to fuel – and not drain – our efforts towards a future without prisons?

- Daniel Karasik

Consider the strip search.

As of late 2017, a federal prisoner in Canada is to be housed and otherwise treated in accordance with their declared gender identity, which means guards of that same gender will carry out such a search. The prisoner may not, however, refuse the search. If they refuse, Correctional Service Canada (CSC) outlines a six-step procedure for how “the strip search of a non-compliant inmate” is to be forced. In step (a), the commanding officer is to issue and repeat a command:

“A strip search must be conducted. If you do not cooperate, physical handling, or chemical or inflammatory agents may be used. Will you cooperate and remove your clothes yourself? Do you understand?” Indoors, an inflammatory rather than a chemical agent is likely to be used. The current inflammatory agent of choice is oleoresin capsicum: pepper spray. Step (f) clarifies that the search must be videotaped and that “it may be necessary to videotape a naked or partially naked” inmate who remains “non-compliant.” But all this state-sanctioned violence will be conducted with the sensitivity detailed in step (e): “staff will ensure that inmates diagnosed with gender dysphoria are accommodated with due regard for the vulnerabilities with respect to their needs, including safety and privacy.”