BC Civil Liberties and John Howard Society Launches Lawsuit Against Solitary Confinement in Prisons

[DonLever]

From the Globe and Mail:

Two rights groups have sued the federal government over the use of solitary confinement in prisons, arguing Canada remains committed to a broken and dangerous system that increases inmates’ suffering even as jurisdictions around the world scale back its use.

The B.C. Civil Liberties Association and the John Howard Society of Canada say the lawsuit, filed Monday in B.C. Supreme Court, will mark the first time a judge decides issues involving solitary confinement. The lawsuit says Canada’s use of solitary confinement is unconstitutional, leads to the deaths of prisoners and discriminates against mentally ill and aboriginal inmates.

But even as other jurisdictions turn away from solitary confinement – New York officials last week announced the prison at Rikers Island would no longer use the practice for inmates 21 and younger – Ottawa has remained steadfast. It faced a barrage of criticism last month for its response to recommendations from the inquest into the death of Ashley Smith, and its comments on Monday after the case was launched did not indicate any immediate change is coming.

The Globe and Mail last month reported on the case of Eddie Snowshoe, a man who killed himself in an Alberta prison after 162 straight days in solitary confinement.

“It is urgent that we ensure that practices conform to Charter of Rights protections before any more of our vulnerable prisoners, like Ashley Smith and Eddie Snowshoe, die alone in segregation,” Julia Payson, executive director of the John Howard Society of B.C., said at a downtown Vancouver news conference.

Fewer lawsuits are undertaken in Canada over prison conditions than in the United States – few provincial legal aid programs fund such actions, and lawyers specializing in prison law can be hard to come by given the lack of financial incentive. Most U.S. prison reforms are responses to lawsuits from rights groups such as the American Civil Liberties Union or the U.S. Justice Department

Carmen Cheung, senior counsel at the BCCLA, said isolating prisoners for up to 23 hours a day indefinitely is cruel and unusual punishment. She said the federal government has ignored calls for reform, whether in a 1996 report by former Supreme Court of Canada justice Louise Arbour, or the recent inquest into Ms. Smith’s death.

“We were hopeful that the government would finally take action,” Ms. Cheung said. “It has not, and we cannot keep waiting.”

Ms. Payson said studies have documented the negative effects of long-term solitary confinement. She said it can exacerbate or cause mental illness. She said solitary confinement has increasingly become a way to manage inmates with mental-health issues.

Constitutional lawyer Joseph Arvay will represent the two groups. Mr. Arvay said in a statement prisoners can spend months and years in solitary without an independent review of the reasons.

[DonLever]

Totally disagree with the lawsuit. Prisons should be be harder on prisoners, not softer.

[otherwise]

I hope they win this and there are changes to how long and why people can be put into solitary.

[Lancaster]

Can't they just install a radio plus give them some books to read?

Better yet, just have a protected computer with only access to wikipedia.... you can spend hours on end on that site, lol.

[grandmaster]

Can't they just install a radio plus give them some books to read?

Better yet, just have a protected computer with only access to wikipedia.... you can spend hours on end on that site, lol.

I used to work in a federal pen. They get books and TV. They also get one time a day phone calls. No internet.

I found that segregation was very useful as a prison within a prison for cases of order and self protection from other inmates.

This is not cruel nor is it unusual.

If segregation ends, there will be far more violence and killings inside the prisons. Guaranteed.

I would also like to say BC Civil Lib is an organization that is way too left wing, bordering anarchy in terms of their world view. They are not a legitimate voice truly representing the law abiding majority, it is like they are a giant body of low life defence attorneys. I can't stand this group.

[otherwise]

^They aren't asking for a total end to solitary, but to put limits on the amount of time and the lack of human contact.

OTTAWA — The first comprehensive legal challenge to Canada’s use of solitary confinement in federal prisons will be launched by the British Columbia Civil Liberties Association and John Howard Society of Canada Monday.

Even as many countries, including the United States, rein in use of segregation in prisons, Canada’s Correctional Investigator says this country has ramped up solitary confinement by 6% in the past five years.

The legal challenge to be filed Monday with the Supreme Court of British Columbia argues that administrative segregation is unconstitutional, amounting to “cruel and unusual punishment” that discriminates in particular against mentally ill and aboriginal inmates.

The suit comes a month after Correctional Services Canada published its response to the inquest into the death of teenage prisoner Ashley Smith, who spent more than 1,000 days in solitary confinement before killing herself in 2007.

In its response, CSC rejected any new limits on the use of administrative segregation and said it could not support the changes “without causing undue risk to the safe management of the federal correctional system.”

CSC claims segregation is used in limited circumstances, when there are no reasonable alternatives and for the shortest time necessary.

Critics suggest that is not the case, ­ that on any given day 1,800 prisoners in the federal and provincial system are in solitary confinement; that one in four prisoners spends some time being segregated; and that 16% of inmates are in solitary for more than four months.

Carmen Cheung, senior counsel for the BCCLA, said the organization has been calling for reforms since former Supreme Court justice Louise Arbour released a report on Kingston’s women’s prison nearly 20 years ago that recommended prisoners not spent more than 30 consecutive days in solitary and not more than twice a year.

“We hope this lawsuit will force a change where no political change has happened,” said Ms. Cheung.

Canada has been under increasing pressure at home and abroad over its use of solitary confinement. A UN Special Rapporteur has said being placed in segregation for more than 15 days amounts to torture. A UN committee looking at the issue called for Canada to put limits on the amount of time anyone can be placed in solitary confinement. In Canada, the federal prison ombudsman, Howard Sapers, has called for solitary to be banned for inmates with mental illness, suicidal tendencies and a history of self-harm.

There are limits of 30 days for prisoners convicted of breaking rules ­— disciplinary segregation — ­ but there are no time limits for those separated from the general prison population for safety or security reasons — ­ administrative segregation.

The lawsuit says this deprives prisoners of fundamental procedural protections guaranteed under the constitution.

The plaintiffs say they recognize there are instances when segregation is the only option, so they are not calling for a blanket abolition. But they do call for limits on the amount of time spent in isolation; a prohibition on the use for mentally ill prisoners; a reform of procedures, so that decision-makers independent of the prison authorities are involved in exploring alternative options; and improvements in conditions in segregated areas.

“Segregation doesn’t have to look like solitary confinement,” said Ms. Cheung. “You can put someone in a cell but you don’t have to deprive them of programs, contact and outdoor space.”

There has been growing criticism about the health impacts of solitary confinement. The Canadian Medical Association Journal noted that 14 of 30 prison suicides in the past three years occurred while in segregation. A CMA editorial said lack of stimulation and social interaction can lead to anxiety, depression and anger, and increase the risk of self-harm and suicide. The journal said there is a growing body of literature that suggests solitary confinement can change brain activity within the first week. Some academic studies suggest it also leads to increased recidivism rates and violence.

Michael Jackson, a law professor at the University of British Columbia, who has been writing about prisoners’ rights in Canada for more than 40 years, called solitary confinement “the most individually destructive, psychologically crippling and socially alienating experience that could conceivably exist within the borders of the country.”

Unlike Canada, many institutions in the U.S. have been reining in use of solitary confinement in recent years. New York City’s board of correction voted last week to ban segregation for inmates 21 or younger at the Rikers Island jail complex. Mississippi has seen a 75% reduction in use of solitary confinement since 2007. New York and Colorado have legislation banning use of solitary for the seriously mentally ill. Maine and New Mexico are in the process of limiting use of segregation through legislation.

http://news.nationalpost.com/2015/01/19/group-launching-legal-challenge-to-limit-use-of-solitary-confinement-in-canadian-prisons/

[THERETOOL]

Totally disagree with the lawsuit. Prisons should be be harder on prisoners, not softer.

god damn right .. Im so tired of these bleeding heart a holes ..

[drummer4now]

god damn right .. Im so tired of these bleeding heart a holes ..

IMO it depends on the crime and how/when solitary confinement is used..

If someone was put into solitary confinement for a petty crime like smoking marijuana or stealing (depends how severe) I don't think it would be acceptable, however if it was for like rape or murder, etc.. than I have no issue for it.

[Grapefruits]

IMO it depends on the crime and how/when solitary confinement is used..

If someone was put into solitary confinement for a petty crime like smoking marijuana or stealing (depends how severe) I don't think it would be acceptable, however if it was for like rape or murder, etc.. than I have no issue for it.

People don't get thrown in the hole for no reason. Their actions in the prison are what puts them there.

[Ghostsof1915]

Totally disagree with the lawsuit. Prisons should be be harder on prisoners, not softer.

Or work on trades for 48 hours per week, six days a week and only get Sundays off.

[DonLever]

IMO it depends on the crime and how/when solitary confinement is used..

If someone was put into solitary confinement for a petty crime like smoking marijuana or stealing (depends how severe) I don't think it would be acceptable, however if it was for like rape or murder, etc.. than I have no issue for it.

I doubt there is solitary confinement at minimum security prisons. It will be more for high security prisons for killers like Clifford Olson, Bernardo, Willie Pickton, etc. Besides, people no longer get thrown in jail for marijuana smoking, trafficking yes.

[drummer4now]

People don't get thrown in the hole for no reason. Their actions in the prison are what puts them there.

Not always the case...

For example, there has been many and I many that have been wrongly convicted and put into jail and then you have places like Guantanamo bay that houses some inmates that haven't even been formally charged..

[Bill Sikes]

Personally I don't see how solitary is cruel and unusual, to me it would be a reward. I am an extreme introvert, being confined to a small area with another person and not have any possibility of alone time I'd be ready for the funny farm within days, possibly hours. If I was sent to prison I'd likely be begging for solitary.