A solitary confinement cell is shown in a undated handout photo from the Office of the Correctional Investigator. (THE CANADIAN PRESS/HO- Office of the Correctional Investigator)

Federal government to fight solitary confinement ruling from B.C. court

B.C. Supreme Court decided to end the practice of solitary confinement in Canadian prisons

The British Columbia Civil Liberties Association says the federal government has announced it will appeal a B.C. court decision that finds indefinite solitary confinement is unconstitutional.

The ruling was handed down last month following a challenge by the association and the John Howard Society of Canada.

Association executive director Josh Paterson says he’s shocked by the appeal because the federal Liberals pledged during the election campaign to end so-called administrative segregation.

He says the appeal shows they intend to fight to save a system that breaks the law and makes society less safe.

READ: Solitary-confinement veto a chance to address mental health, says advocate

In his Jan. 17 decision, B.C. Supreme Court Justice Peter Leask found indefinite segregation undermines the safety and security of inmates, staff and the public.

The Crown argued the practice was reasonable and necessary, but the judge accepted the association’s position that solitary confinement is cruel, inhumane and can lead to severe psychological trauma.

The ruling was suspended for 12 months to give the federal government time to draft new legislation, which Leask said must include strict time limits on segregation.

Following the decision, Paterson said the civil liberties association wrote to the federal ministers of Justice and Public Safety, seeking an end to further court action.

“Having won in court, we extended a hand to the government to work together to fix this problem to no avail. Despite us reaching out, to date, the federal government has given us no response other than filing this appeal,” Paterson said in a news release.

At the time of the January judgement, Public Safety Minister Ralph Goodale said the federal government was reviewing it and “is committed to addressing the needs of the most vulnerable in the federal correctional system.”

Caily DiPuma, the acting litigation director for the civil liberties association said prisoners continue to spend weeks, months and even years in small cells without human contact, and she called the federal appeal “another example of justice deferred” for the vulnerable and marginalized.

“We will not turn our backs to them, nor will Canadians. We will fight this appeal,” she said in the association’s statement.

The Canadian Press


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Application hearing held for Discontent City case

Two-day petition hearing begins July 17

Summer of our Discontent: homeless camp a contentious issue

City of Nanaimo, tent city going to court this week to settle differences

Large suspected ammo found at Cassidy recycling facility

Area businesses voluntarily evacuated

Fires claim boat and travel trailer in Nanaimo

Nanaimo area firefighters come off busy weekend for fires with two fires Monday morning

Heat warning issued for Vancouver Island

Temperatures expected to cool down later this week

Firefighters rescue dog as two house fires happen at the same time in Nanaimo

House extensively damaged on Uplands Drive, coach house burns down on Haliburton Street

Silly boats make a splash on Nanaimo seas

Superette wins Nanaimo’s Silly Boat Regatta community fundraising event

Florist announces bid for Nanaimo city council

Jim Turley, former owner of Turley’s Florist, intends to run in fall election

VIDEO: Firefighters putting out brush fire in East Wellington

Fire is in the area of a new development under construction near Shady Mile Way

Trudeau’s youth council divided over Trans Mountain pipeline purchase

A letter signed by 16 past and present members was made public today, asking the federal government to reverse course

Hulk Hogan reinstated into wrestling Hall of Fame

Hogan had used racial slurs caught on video when talking about his daughter sleeping with a black man

Island wide crime spree leads to multiple charges against Cowichan Valley resident

Social Media and citizens of the North Island played a big role in solving the case.

‘Lava bomb’ through roof of tour boat injures 22 in Hawaii

“An explosion occurred near the shoreline hurling hot lava rocks towards the boat and injuring several passengers”

Motorcyclist dies as fire, crash happen at the same time on Nanaimo Parkway

Young male motorcycle rider collides with one vehicle, then struck by another

Most Read