Indefinite solitary confinement in prisons unconstitutional: B.C. Supreme Court

Associations argued solitary confinement was inhumane and should be vetoed from Canadian prisons

A B.C. Supreme Court judge has ruled that the practice of indefinite solitary confinement in Canadian prisons will end, after deeming the practice unconstitutional.

The ruling released Wednesday was based off a nine-week trial between the B.C. Civil Liberties Association and the John Howard Society of Canada verse the Attorney General of Canada.

“This is the most significant prison law decision from a trial court in Canadian history,” Jay Aubrey, staff lawyer at the BCCLA, said in a news release.

“It is a stunning decision that is grounded in four decades of history, and the best social science and medical evidence on the impact on inmates health of solitary confinement, and alternatives to solitary confinement.”

Justice Peter Leask says the practice of isolating prisoners for undefined lengths of time is unconstitutional, but he suspended his decision for 12 months to give the government time to deal with its ramifications.

The Crown argued the practice is a reasonable and necessary tool when prisoners pose a threat to others or are at risk of being harmed by the general prison population.

The federal government introduced a bill in June that would set an initial time limit for segregation of 21 days, with a reduction to 15 days once the legislation is law for 18 months.

The government tried to stop the trial, saying the legislation introduced last year would impose a time limit on solitary confinement terms, but the judge allowed the case to proceed.

Leask concluded in his judgment released Wednesday that prolonged confinement places the federal inmates in significant risk of serious psychological harm, including mental pain and suffering, and puts them at increased risk of self-harm and suicide.

The written decision says the risk of harm is intensified in the case of inmates with mentally illness.

Leask wrote that while many acute symptoms are likely to subside when prisoners are brought out of segregation, “many inmates are likely to suffer permanent harm as a result of their confinement.”

Public Safety Minister Ralph Goodale said reform will take time and effort but the federal government has been working since early 2016 to correct the mistaken views and directions of the previous administration under former prime minister Stephen Harper.

“Our government is committed to addressing the needs of the most vulnerable in the federal correctional system,” Goodale said. He added that the government is reviewing the ruling but did not say whether it intends to file an appeal.

Aubrey said for inmates who have gone through solitary confinement, the decision means: “What’s been done to you is very, very wrong.”

Leask’s decision says the health of people can be put at risk after only a few days in segregation, and the risk of harm increases the longer someone is confined under those conditions.

The indeterminate length of administrative segregation is especially problematic because it “exacerbates its painfulness, increases frustration and intensifies the depression and hopelessness that is often generated in the restrictive environments that characterize segregation,” the decision says.

Josh Paterson, the association’s executive director, described the conditions of segregation as similar to “modern-day dungeons,” with evidence of walls covered in food and bodily fluids, people sleeping with their heads inches from toilets and screaming from other prisoners.

Often the only interaction for a prisoner is through a feed hole, Paterson added.

Geordon Omand, The Canadian Press

With files from Ashley Wadhwani/Black Press Media

Just Posted

Curious Comox Valley – What would you like answered?

It appears that Comox Valley residents have a lot on their mind… Continue reading

Comox Valley students taught to honor Indigenous language

One man’s legacy and one Indigenous language will forever be preserved in… Continue reading

Ginger Goodwin’s Cumberland cemetery grave desecrated

Just days before the Miners Memorial weekend, Ginger Goodwin’s grave has been… Continue reading

Cannabis store proposed for west side of Courtenay

Courtenay Council has approved second reading of a zoning amendment for a… Continue reading

North Island College celebrates 150th bachelor of business administration graduate

The North Island College School of Business marks a milestone in 2019… Continue reading

VIDEO: B.C. First Nation plans to launch legal challenge after Trans Mountain approval

Meanwhile, Premier John Horgan says he’ll continue to defend the B.C. coast

Billboard posted along B.C.’s Highway of Tears to remember missing and murdered Indigenous women

Billboards featuring Indigenous artwork to be placed in Surrey, Kamloops and near Prince George

Federal cabinet ministers visit Edmonton, Calgary, in wake of TMX approval

Natural Resources Minister Amarjeet Sohi is set to visit Trans Mountain Corp.’s terminal in Edmonton

B.C. municipality prepares to forbid overnight camping by homeless despite court ruling

While courts have ruled against blanket bans, Langley City is employing a site-by-site approach

B.C. auditor says Indigenous grad rate highest ever but education gaps exist

The percentage of Indigenous students graduating from B.C. public high schools has hit its highest level ever

Statistics Canada reports annual pace of inflation rises in May to 2.4%

Transportation prices gained 3.1 per cent as the cost of air transportation added 8.9 per cent

BREAKING: Forest fire on North Island disrupts Hwy. 19

Wildfire has reached .25 hectares, according to BC Wildfire Service

Man to be sentenced for sexual abuse of young girl in Nanaimo

Stephen Mark Castleden also sentenced for child pornography-related charges

MPs hear retired B.C. nurse’s petition to change compensation for fatal medical errors

Teri McGrath wants provinces to implement no-fault system for medical errors

Most Read