A solitary confinement cell is shown in a undated handout photo from the Office of the Correctional Investigator. (Office of the Correctional Investigator via The Canadian Press)

B.C.’s top court gives Ottawa more time to fix solitary confinement law

Federal government now has until mid-June to bring in replacement legislation

The Court of Appeal of B.C. has given the federal government more time to fix its solitary confinement law after a lower court declared indefinite prisoner segregation unconstitutional.

The B.C. Supreme Court ruling last January gave Ottawa a year to enact replacement legislation, and the Appeal Court has now extended the deadline to June 17, with conditions to protect prisoners’ constitutional rights in the meantime.

READ MORE: B.C. Supreme court rules indefinite solitary confinement in prisons unconstitutional

“While we are prepared to extend the suspension of the declaration of constitutional invalidity, that cannot be a justification for the federal government to maintain unchanged the conditions of inmates kept in administrative segregation,” a three-judge panel wrote in a joint ruling released Monday.

The conditions to protect prisoners include that health-care professionals must complete daily visual observations of inmates in solitary confinement and advise the institutional head within 24 hours if they believe the inmate must be removed from segregation.

The institutional head must then either remove the prisoner from solitary confinement “without delay,” or provide a written explanation of why the recommendation is not being implemented, the court said.

Segregated inmates must also be offered an extra 30 minutes of daily yard time, bringing their total time allowed outside their cells to 2 1/2 hours a day.

The court also ordered the Correctional Service of Canada to direct staff to inform segregated prisoners of their right to a lawyer and to allow lawyers to make submissions on behalf of inmates at solitary confinement review board hearings.

The correctional service must also take steps to have Indigenous elders routinely visit segregation units and offer counselling to Indigenous inmates, the court said.

The deadline to have most of the conditions in place is Jan. 18.

The B.C. Civil Liberties Association and the John Howard Society of Canada launched the legal challenge.

A nine-week trial in 2017 heard from former inmates who continue to experience mental health issues after being released and from the father of a 37-year-old man who hanged himself at Matsqui Institution in Abbotsford, B.C., following his placement in a segregation cell.

Jay Aubrey, litigation counsel for the civil liberties association, said Monday that prolonged solitary confinement causes severe psychological distress, causing some inmates to take their lives.

“This is the cost of solitary confinement. It’s human lives. It’s people that we love,” she said.

The advocacy groups also oppose a bill introduced in October. Bill C-83 would mean prisoners who pose risks to security or themselves would instead be moved to new “structured intervention units” and offered the opportunity to spend four hours a day outside their cells, with a minimum of two hours to interact with others.

However, the bill does not include hard caps on how many days or months inmates can be isolated from the general prison population.

Laura Kane, The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

Union Bay AGM postponed after unruly meeting

Following an unruly meeting Tuesday, the Union Bay Improvement District’s Annual General… Continue reading

Tom Cochrane and Red Rider coming to Vancouver Island MusicFest

Executive producer Doug Cox has landed Canadian Music Hall of Famer Tom… Continue reading

Courtenay Day of Mourning ceremony April 28 at Simms Park

In 2018, 131 B.C. workers died from a workplace injury or disease.… Continue reading

Kus-kus-sum receives $1 million in provincial funding

New Democrat MLA Ronna-Rae Leonard is welcoming $1 million in provincial funding… Continue reading

Comox Valley Record putting the call out to Snowbirds shutterbugs

David Suther sent in this great pic of the Snowbirds, shot from… Continue reading

VIDEO: Large dust devil swirls through town in B.C.’s interior

Residents look on as column climbs about 90 feet into the air

Sewer line repair underway at Goose Spit Park in Comox

Wastewater spotted near parking area at bottom of Goose Spit stairs

RCMP arrest B.C. man following threatening Vaisakhi Facebook post

Post made reference to pressure cooker bomb at massive Surrey parade

Second dump site of Dungeness crab discovered in northern B.C.

DFO confident new site related to larger April 2 dump

Northern B.C. high school student reaches 100,000 followers on YouTube

Voice actor, animator, Jericho Fortune has more than 30-million views on his channel GTAGAMER222

University mourns student who died in B.C. canoeing accident

Andrew Milner, 19, was in his second year with the University of Calgary’s basketball program

B.C. woman pleads for people to stop stealing daffodils meant to honour cancer victims

Cynthia Bentley honours memory of those lost to cancer by planting 100 daffodils each year

Canfor temporarily shutting down lumber mills across B.C.

Low lumber prices and the high cost of fibre are the cause of curtailment, according to the company

Two in critical condition, several still in hospital after Langley deck collapse

Close relative Satwant Garcha makes daily trips to visit those injured at the wedding

Most Read