Decision on solitary confinement in Canadian prisons expected from B.C. court today
B.C. civil liberties group hopes for 'strong decision' that recognizes inmates' suffering in solitary
The B.C. Supreme Court is expected to issue its decision Wednesday morning that will determine the future use of solitary confinement in Canadian prisons.
The B.C. Civil Liberties Association (BCCLA) and the John Howard Society of Canada brought a challenge against the federal government, arguing that current rules regarding administrative segregation, more commonly known as solitary confinement, are inhuman and unconstitutional.
"We're really hopeful for a strong decision that recognizes the kind of suffering that inmates have experienced while they're in solitary confinement," said Jay Aubrey, counsel for the BCCLA. "What I think of a lot —to be honest — is the people who ended their lives alone in those circumstances," he added.
Aubrey points to the death of Ashley Smith, a 19-year-old who died in a segregated prison cell in Kitchener, Ont., in 2007. A coroner's jury ruled Smith's self-inflicted choking death was a homicide.
The trial began in B.C. Supreme Court in Vancouver in July last year, one month after the federal government brought in a 15-day limit on solitary confinement.
Last June, Ottawa lost a last-minute bid to halt a trial challenging Canada's solitary confinement prison policies. A B.C. Supreme Court judge rejected the Attorney General of Canada's application to quash the case.
4,500 inmates segregated every year
Correctional services data indicate that in any given year, about 4,500 inmates are placed in administrative segregation — as opposed to those isolated for disciplinary reasons — some more than once, for an average of 24 days. Correctional Service Canada maintains segregation is an appropriate last resort for managing a difficult and dangerous prison population.
In December, an Ontario judge ruled administrative segregation for more than five days was unconstitutional and gave Parliament one year to overhaul the practice.
"We need a big change," said Aubrey. "It's been a change that's been called for for so many years by so many different bodies that have looked at this issue and come up with recommendations over and over and over again, and the government continues to drag its heels."
The B.C. Supreme Court will issue its decision at 11 a.m. PT (2 p.m. ET) today.