If you or someone you care about is incarcerated in Canada, concerns about accessing necessary health care are both understandable and common.
In this blog, I explain how inmates can access medical and mental health care, how health services are delivered in correctional facilities, common barriers to timely treatment, and what to do if medication or appointments are delayed.
I will provide some practical steps for advocating for proper care and what to do if substandard medical treatment leads to harm.
Legal Foundations of Health Care in Correctional Facilities
The foundation of health care access in correctional facilities lies in legislation: the Corrections and Conditional Release Act governs federal institutions, while the Ministry of Correctional Services Act applies to jails in Ontario.
Importantly, the law defines health care to include mental health support. Institutions are required to provide all necessary emergency care and ensure reasonable access to non-emergency services.
Who Provides Health Care in Correctional Institutions?
Most health care in correctional institutions is delivered by on-site nurses and visiting doctors. However, when specialized or urgent treatment is needed, facilities are obligated to transport inmates to hospitals or external healthcare providers.
Regardless of location, doctors have a duty to use their professional judgment to act in the patient’s best interest. This obligation remains unchanged behind bars. Institutions cannot interfere with clinical decisions, and the standard of care should match what any Canadian would expect to receive, regardless of their circumstances.
Common Barriers to Receiving Timely Care
Despite these legal safeguards, there are practical challenges to receiving timely care. For example, inmates are often informed of outside medical appointments only shortly before they occur. If an appointment is missed or rescheduled, the inmate may not be notified.
If you or your loved one requires surgery or treatment outside the institution, it is important to proactively follow up with the healthcare unit to confirm that appointments are being arranged, even if exact dates are not available.
Medication availability can also vary between institutions. If a required medication is not available or if a generic substitute does not work as needed, be sure to inform your doctor, request a specific prescription, and submit all requests in writing to ensure clear communication.
Clear and direct communication with nursing staff is essential to ensure that health needs are understood and met. Whenever possible, make all healthcare requests in writing to maintain a record and support your case if issues arise.
Your Right to Ongoing and Preventive Medical Care
While in custody, individuals must have reasonable access to medical treatment. This includes proper management of existing medical conditions, timely attention to new health concerns, and regular check-ups to maintain overall well-being and identify any emerging issues early.
If you or someone you know has experienced substandard health care while incarcerated and suffered complications as a result, a civil lawsuit may be a legal remedy.
Joel Dick, a correctional misconduct and negligence lawyer at Howie, Sacks & Henry LLP, can explain your legal rights and options. For guidance and a complimentary consultation, contact us. We are here to help.
