CASE SUMMARY

This case is a Charter challenge to the use of solitary confinement in Canadian federal prisons. Federal prisons engage in two types of solitary confinement: “disciplinary segregation” and “administrative segregation.”

Federally incarcerated persons can be placed in disciplinary segregation as punishment for committing institutional offences. Prisoners subject to disciplinary segregation are entitled to certain protections, such as limits on the number of days they can stay in solitary; an independently adjudicated hearing concerning their placement; access to a lawyer for that hearing; and the benefit of a high criminal law standard of proof (proof beyond a reasonable doubt).

In contrast, federally incarcerated persons can be placed in administrative segregation for a variety of vague and general reasons, such as belief on the part of prison administrators that the prisoner threatens the safety of the prison or anyone in the prison. Under administrative segregation, inmates can be put in solitary indefinitely, do not benefit from review of their placement by an independent decision-maker, and do not have access to legal counsel at any administrative review of their placement.

Prisoners in solitary confinement are confined in prison cells and deprived of meaningful human contact for up to 23 hours a day, sometimes for months and years at a time. Prolonged, indefinite placement in solitary confinement has been recognized as causing serious harms including psychosis, major depression, hallucination, paranoia, self-harm, and suicidal behaviour. Placement in solitary confinement is known to exacerbate existing mental health conditions and the impacts of past trauma.

Federally incarcerated women experience specific and severe harms as a result of solitary confinement. Women are at greater risk of self-harming behaviours that may be used to justify their initial placement in solitary confinement and that are likely to worsen while in solitary. Women are also disproportionately impacted by physical and psychological trauma arising from pre-prison incidents of violence. Indigenous women are the fastest growing segment of the prison population in Canada and are disproportionately represented both among women in prison and among women in solitary confinement.

The plaintiffs in this case are challenging prolonged, indefinite solitary confinement under the Charter. Among other things, they argue that this practice constitutes cruel and unusual punishment, violates the life, liberty and security of the person, and discriminates against mentally ill and Indigenous persons.

 

WEST COAST LEAF’S INVOLVEMENT

West Coast LEAF intervened in this case at the BC Supreme Court to present an intersectional lens on the constitutionality of solitary confinement that attends to overlapping inequalities. We argued that in order to truly understand the stigmatization and harms caused by solitary, the court should consider how this practice may be experienced differently by women, particularly Indigenous women and/or women with mental illness.

 

CASE DOCUMENTS

Application for leave to intervene – Supreme Court of British Columbia

Affidavit in support of leave application – Supreme Court of British Columbia

 

WHAT’S NEXT

On December 15, 2016, we received the court’s permission to intervene in this case. The trial was completed in summer 2017 and a decision is pending. Watch this space.

 

RESEARCH AND REPORTS ON SOLITARY CONFINEMENT

Ashley Smith Inquest – Jury Verdict and Recommendations

A Profile of Women in Segregation – Correctional Service of Canada

Kingston Prison for Women Inquiry – Louise Arbour Report

 

READ MORE

December 2016 news alert: Prisoners’ rights are human rights