Ontario faces $125M lawsuit for placing youth in solitary confinement

The province of Ontario is facing legal action for it's use of solitary confinement at youth justice facilities.

The lawyer behind the $125-million class-action lawsuit says domestic and foreign laws are being violated by the actions taken at places such as Sudbury's Cecil Facer Youth Centre. 

The issue of isolation became a focus in September when a report from the Ontario's Office of the Provincial Advocate for Children and Youth found a high number of young people surveyed said they were left in isolation. 

• Cecil Facer centre has high isolation rates: report
• Beds, jobs axed at Sudbury youth detention centre
• Cecil Facer teachers moved to other schools

At the Sudbury centre, the average time a teenager was detained in isolation was more than 14 hours, according to the report. At other centres in Ontario, children as young as 12 years old are left in solitary confinement. 

Toronto lawyer James Sayce said legal action was necessary to get the government's attention. 

"At a certain point in time, you feel like a change needs to be made, that the government needs to be poked and prodded," Sayce said. "The government hasn't done anything in response to the report."

You're admitting wrongdoing, and you're still doing it.- Toronto lawyer James Sayce

Critics argue repeatedly placing youth in isolation only worsens mental health issues. 

"When is it OK to put a 12-year-old kid into solitary confinement?" asked Sayce. "Never."

Irwin Elman is a provincial advocate with the group that produced the independent report. He said it's "sad" the process has gotten to this point. 

"I find it remarkable that we have to get to a place of shame and blame before we can find ways of working together," the advocate said. "It's been somewhat frustrating because I've been waiting for an answer from the government. There's a feeling of limbo."

'Downward trend' in isolation use: province

The Ministry of Children and Youth Services responded to the report by saying they've been attempting to revamp their youth justice system over the past decade.

"There is a downward trend in the use of secure isolation in youth justice facilities," said government spokesman Peter Spadoni. 

But that's not enough for Sayce, who said the mere admission of solitary use shows the government has work to do. 

"You're admitting wrongdoing, and you're still doing it," the lawyer said.

The province has previously defended its use of isolation in youth justice facilities by saying it was necessary to protect youth, staff and property.

"In Ontario, I think we often think we are ahead of the curve in certain human rights issues," Sayce said. "But in this case, we are actually way behind."