Reform to Abolish: A Pragmatic Analysis of Prison Labor & Strip Searches in Quebec Correctional Law
In the past year, abolitionist themes have been at the forefront of mobilizations such as #BlackLivesMatter, #MeToo, and #FreeThemAll. This paper relies on socio-legal feminist methodology and proposes a pragmatic abolitionist analysis of correctional law, the Loi sur le système correctionnel du Québec (LSCQ). I emphasize two issues reflective of ongoing structural harms within women’s jails – prison labor and strip searches – and argue that both practices instill everyday bodily harms due to their framing in the LSCQ. Although prison labor is presented as favoring social reinsertion, per the LSCQ incarcerated women receive inadequate wages relative to the cost of living in prison thus limiting their access to menstrual products and potentially leading to dangerous alternatives. As for strip searches, they are presented as means to ensure the safety of the institution yet are experienced as unsafe and as state-inflicted sexual assault. Per the LSCQ, strip searches can be conducted in a range of circumstances leaving much to correctional officers’ discretion, thus allowing for discriminatory rule enforcement and exposing incarcerated women of color to further violence. I conclude by presenting short-term abolitionist reforms which could reduce these everyday bodily harms. I also call for increased solidarity with incarcerated people within social mobilizing and organizing.