The Supreme Court of Canada is seen Friday, April 25, 2014 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

Feds give up fight against 15-day hard cap on solitary confinement

The court gave correctional authorities 15 days to end the practice in March 2019

The federal government has given up its fight against court rulings that effectively outlawed placements in solitary confinement lasting longer than 15 days.

In a notice to the Supreme Court of Canada on Tuesday, the government said it was discontinuing its attempt to appeal a ruling from Ontario’s top court that found long-term segregation to be cruel and unusual punishment.

The Canadian Civil Liberties Association, which pushed the case, called Ottawa’s decision a belated good day for justice.

“It is just disappointing that it was so long coming,” said association lawyer Michael Rosenberg. “Far too many suffered needlessly before the country turned a corner.”

In its ruling in March last year, the Ontario Court of Appeal said placing prisoners deemed a risk to themselves or others in segregation for more than 15 days amounted to cruel and unusual punishment and was therefore unconstitutional. The court gave correctional authorities 15 days to end the practice.

However, the federal government sought leave to appeal to the Supreme Court, obtaining an emergency stay pending the outcome. The government had maintained the lower court did not take into account the consequences of capping administrative segregation, and warned that imposing a hard limit in all cases could be dangerous.

“There is currently no alternative recourse to address these situations, placing the safety and security of all federal institutions, the inmates and the staff at high risk,” the government said in its notice of leave to appeal.

Similarly, Ottawa said it was abandoning related appeals, one from British Columbia’s top court pressed by the B.C. Civil Liberties Association.

“It is shameful that the government brought this appeal in the first place,” the B.C. association said in a statement.

In a statement of its own on Tuesday, the government said it decided against pursuing the appeals given that it had repealed the offending provisions and replaced it with a new regime that took effect in November.

“The (new) system is supported with an investment of $448 million for new staff, infrastructure and mental healthcare,” the ministers of public safety and justice said.

Studies indicate that depriving inmates of meaningful human contact for much of their day can cause long-term, even permanent psychological damage. Solitary confinement has been the subject of several successful lawsuits across the country.

In one such case, an Ontario judge last August ordered the federal government to pay about 9,000 inmates who had been placed in solitary confinement for long periods a preliminary $20 million for breaching their rights.

“The Correctional Service operated administrative segregation in a way that unnecessarily caused harm to the inmates,” Justice Paul Perell said in the ruling. “Class members suffered harm because of a systemic failure.”

In response to the various lawsuits and criticism, the government revamped the law to put in place a system of “structured intervention units.” The aim, it said, was to ensure inmates would get a minimum of four hours a day outside their cell, including two hours a day of meaningful interaction with others, and any segregation placements would be reviewed.

“Continued vigilance will be required, given the serious harms caused by prolonged solitary confinement,” Rosenberg said.

Colin Perkel, The Canadian Press

Like us on Facebook and follow us on Twitter.

solitary confinement

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Oyama Zipline Adventure Park opening for the season

The Lake Country zipline is scheduled to open on June 12

No criminality in the 2019 death of woman found on Kelowna beach

Caitlin was found deceased on Gyro Beach on April 21, 2019

$220K for Okanagan Rail Trail loo

Successful proposal for Westkal Road comes ‘well within project budget’

Kelowna’s Gallagher’s Canyon announced as course participating in BC Golfathon for ALS

The initiative raises awareness and funds for the ALS Society of BC

Flair Airlines adds Kelowna to new summer schedule

Flair will be delaying the launch of service into Ottawa and Atlantic Canada

WATCH: North Okanagan golf cart stolen, then returned

Homeowners have footage of two men taking the cart and then bringing it back

Kelowna council greenlights ‘The Wedge’

The wedge-shaped building will be built at the corner of Leon Avenue and Water Street

Vehicle stolen in Revelstoke recovered near Salmon Arm after occupants suffer overdoses

Police say they were alerted to the vehicle after occupants treated by ambulance after drug use

Province looks to seize Kelowna home owned by alleged drug trafficker

Michelle Collins and Nigel Byrne were also recently investigated by Kelowna RCMP for drug trafficking

22 new COVID-19 test-positives, one death following days of low case counts in B.C.

Health officials urged British Columbians to ‘stand together while staying apart’

John Horgan says COVID-19 restrictions won’t be eased regionally

B.C. Liberals urge ‘tailored’ response based on infections

Highway 1 closed after body found near Hope

Coroners Service reportedly on the scene, highway has been closed for 10 hours in both directions

Feds get failing grade for lack of action plan on anniversary of MMIWG report

‘Instead of a National Action Plan, we have been left with a Lack-of-Action Plan’

LETTER: Questions raised about Summerland property taxes

Dear Editor: By now property owners in Summerland will have received their… Continue reading

Most Read