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

Barlow Creek 4-H gives back

As part of Club to Club Exchange, 4-H members repaired and refinished bleachers at Alex Fraser Park

Quesnel River Archers win eight medals in Vanderhoof

Dan Yalowega won the meet’s hunter round

Forestry Ink: Recent government reports should help logging contractors and truck drivers

Columnist Jim Hilton looks at recommendations from a logging contractor sustainability review

Prince George RCMP seize firearms in Highway 97 arrest

The suspects were in a vehicle that was reported stolen to the Quesnel RCMP on July 11

Quesnel is getting a new junior school

Education Minister Rob Fleming announced a new school will be built on the Maple Drive site

Rich the Vegan scoots across Canada for the animals

Rich Adams is riding his push scooter across Canada to bring awareness to the dog meat trade in Asia

Japanese Canadians call on B.C. to go beyond mere apology for historic racism

The federal government apologized in 1988 for its racism against ‘enemy aliens’

B.C. VIEWS: NDP pushes ahead with Crown forest redistribution

This isn’t the time for a radical Indigenous rights agenda

Two dead in two-vehicle crash between Revelstoke and Golden

RCMP are investigating the cause of the crash

Ottawa fights planned class action against RCMP for bullying, intimidation

The current case is more general, applying to employees, including men, who worked for the RCMP

Alberta judge denies B.C.’s bid to block ‘Turn Off the Taps’ bill

He said the proper venue for the disagreement is Federal Court

Canadian high school science courses behind on climate change, says UBC study

Researchers found performance on key areas varies by province and territory

Six inducted into BC Hockey Hall of Fame

The 26th ceremony in Penticton welcomed powerful figures both from on and off the ice

Most Read