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VANCOUVER – The highest court in British Columbia should hear the federal government's appeal of a decision declaring the unlimited solitary confinement of prisoners unconstitutional and causing permanent harm.
BC The Court of Appeal hearing, held on Tuesday, follows a decision by a lower court in January, which gave the government one year to draft a new draft. with a limitation period for segregation.
Ottawa appealed BC The Supreme Court decision in February stated that clarity was needed because a previous decision of the Ontario Superior Court of Justice had also overturned parts of the law administrative segregation, but it was a more limited judgment.
The Ontario Court of Appeal will hear a separate challenge from the Canadian Civil Liberties Association, which argues that the Ontario Court of First Instance should have imposed independent review on the length of time prisoners are detained.
The British Columbia court challenge was launched by BC The Civil Liberties Association and the John Howard Society of Canada in 2015 stated that the decision to revoke the law should be upheld.
Josh Paterson, executive director of the BC Civil Liberties Association, said the federal government's appeal did not sound right.
"Our decision goes further than that of Ontario but they are not contradictory and so it was not necessary to appeal to clarify things," he said Monday.
"We do not understand why they are dragging us to court."
The two groups also oppose Ottawa's submission of a bill last month that the government says would end the use of the Correctional Service of Canada's cell plan for 22 hours or more a day. .
However, the segregation regime does not include a strict limit on the length of time people are isolated from the general prison population.
Under Bill C-83, inmates who pose a risk to their safety or security would be transferred to new "structured intervention units" and given the opportunity to spend four hours a day outside of their home. cell, with a minimum of two hours to interact with others.
Before the BC Supreme Court trial began, Ottawa introduced another bill that limits to 15 days the number of consecutive days that an inmate can spend in solitary confinement. However, this has never been discussed and will no longer be pursued.
"We are deeply concerned about the new bill and we remain stunned that for a government that says it wants to stop these harmful practices, it will try to challenge or overturn a judgment that forces them to act," said Paterson .
He said that a director would always have the last word in the decisions and that the bill would not prevent cases such as the death in custody in 2007 of 19-year-old Ashley Smith of Moncton, NB, who spent 1,000 days in segregation in various correctional facilities. .
"Although there is an internal review of the placement that is carried out at the regional level, then at the level of the commissioners, there is no external examination on investments in these units," said Paterson, adding that the BC Supreme Court decision that is being appealed stated that the absence of an external decision-maker was unconstitutional.
Last year, at a nine-week trial, former inmates who continue to suffer from mental health problems after their release and the father of a 37-year-old man who Is hanged at the Matsqui Institution in Abbotsford, British Columbia, following his placement in solitary confinement.
Paterson said the federal government should ask the court of appeal to delay the one-year delay provided by British Columbia. The Supreme Court Justice, Peter Leask, has planned the introduction of new legislation.
"A few weeks ago, the minister said that he hoped that with this new legislation, we might be able to avoid the continuation of litigation. Yet they continue their call, "he told Ralph Goodale, Minister of Public Safety.
– Follow @ CamilleBains1 on Twitter.
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