Get 40% Off
⚠ Earnings Alert! Which stocks are poised to surge?
See the stocks on our ProPicks radar. These strategies gained 19.7% year-to-date.
Unlock full list

Rights groups fight Canada government's defence of solitary confinement

Published 2018-06-21, 06:14 p/m
Updated 2018-06-21, 06:20 p/m
© Reuters.  Rights groups fight Canada government's defence of solitary confinement

By Anna Mehler Paperny

TORONTO, June 21 (Reuters) - Canadian law allows for prolonged, indefinite solitary confinement that hurts vulnerable people most and that is why it must be struck down, lawyers for civil liberties groups argued this week, as they accused the government of backing away from its avowed goal of pursuing prison reform.

Their court submission on Monday comes as the federal government tries to overturn a ruling that found the national correctional system's use of indefinite nondisciplinary solitary confinement - or "administrative segregation," as it is called - violates Canada's Charter of Rights and Freedoms and disproportionately harms indigenous women and people with mental illness.

Judge Peter Leask gave authorities a year to make changes, including introducing an appeals process for prisoners put in extended solitary confinement. Prime Minister Justin Trudeau and his government, which promised when it was elected to reform the correctional system, is fighting against a judgment forcing the government to reform. government argued in its submission last month that Canadian law on administrative segregation is constitutional and if people's rights were violated it is because the law was applied in an "improper" way.

The government argues that putting people with mental illness in solitary is constitutional but does not contest the judge's finding that the current system discriminates against indigenous inmates, who are over-represented behind bars and especially in solitary confinement.

There is an apparent contradiction between the government's rhetoric and its actions on prison reform, said Jay Aubrey, a lawyer with the British Columbia Civil Liberties Association, which filed the lawsuit.

"It's just so weird to see them saying 'We're trying to do this one thing' but then taking steps to actively work against that goal," she said in an interview.

The lawsuit was filed before the current Liberal government came to power in 2015, promising to reform the prison system.

The government has introduced legislation that would set an eventual 15-day time limit on solitary confinement. The trial judge in this case said that is not good enough.

"Our government is committed to addressing the needs of the most vulnerable in the federal corrections system," Scott Bardsley, spokesman for the minister overseeing federal prisons, wrote in an email.

He added that the government is seeking clarity in the wake of multiple rulings on solitary confinement.

The United Nations Committee Against Torture considers solitary confinement of more than 15 days to be torture, and has called for its prohibition.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.