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

Volunteers keep BC Farm Museum running like a well-oiled machine

Collection, started in 1953, continues to expand beyond museum’s capacity to contain it

VIDEO: G-Men seek revenge Saturday night in rematch at Langley Events Centre

Portland’s Winterhawks downed the Vancouver Giants 5-3 during a road trip down south.

UPDATE: Abbotsford murder victim was brother of slain gang leader

Mandeep Grewal gunned down Thursday, brother Gavin killed in North Van in 2017

Children’s author shares her story with West Langley Elementary students

Gabrielle Prendergast toured Fraser Valley schools and libraries from Oct. 15-19.

Nominations wanted for Langley moms in need

The Mama Coach launched the 2nd annual Christmas for Mamas Giveback campaign.

Tommy Chong says cannabis legalization makes him proud to be a Canadian

Legendary marijuana advocate and comedian celebrates cultural milestone at Kelowna event

Pedestrian rushed to Lower Mainland hospital after being hit by car

Friday night crash is latest in rash of collisions involving pedestrians in Surrey

Payette invites critics to ‘come and spend a few days’ with her

Governor General Julie Payette made her first official to B.C. back in March

More pot stores expected in B.C. in coming ‘weeks and months’: attorney general

Attorney General David Eby and Public Safety Minister Mike Farnworth visited the new BC Cannabis Store in the province’s Interior

Telus launches charitable foundation to help vulnerable youth

The Telus Friendly Future Foundation complements other social initiatives by the company, including Mobility for Good

Police say suspicious death of B.C. artist ruled a homicide

Patrick Zube Aylward’s body was found in a residence on a rural road outside of Seton Portage, west of Lillooet, B.C.

Temporary roads being built in areas affected by landslide in northern B.C.

Emergency Management BC news release says Disaster Financial Assistance is available to eligible residents of the Peace River Regional District who may have been affected by the landslides

B.C. tickets win big in Lotto Max draw

Jackpot carried over; B.C. tickets share Max Millions prizes

Most Read