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Solitary confinement challenge begins in B.C. Supreme Court

A solitary confinement cell is shown in a handout photo from the Office of the Correctional Investigator.
A solitary confinement cell is shown in a handout photo from the Office of the Correctional Investigator. THE CANADIAN PRESS/HO- Office of the Correctional Investigator

Two groups are taking the federal government to court to challenge solitary confinement in Canadian prisons.

Tuesday marks the first day that the BC Civil Liberties Association (BCCLA) and the John Howard Society of Canada will go to trial in B.C. Supreme Court, in an effort to declare that the laws governing solitary confinement violate the Charter of Rights and Freedoms.

Coverage of solitary confinement on Globalnews.ca:

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The lawsuit calls solitary confinement “cruel and unusual punishment.”

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On Jun. 19, the federal government introduced Bill C-56, legislation that would limit how long inmates can be kept in solitary confinement.

It would initially limit what it calls “administrative segregation” to 21 days, then reduce it to 15 days.

The BCCLA called that bill an attempt to “derail its constitutional challenge.”

“The UN special rapporteur on torture has found that solitary confinement past 15 days amounts to torture,” the BCCLA’s Caily DiPuma said.

“Fifteen days is also a recognized limit that a number of domestic and national research bodies have recommended being the maximum amount of time that a person could withstand it without experiencing the ill effects.”

Some of the side effects can include psychosis, hallucinations and insomnia, DiPuma said.

Confinement can also increase prison suicide and worsen mental illness, she added.

DiPuma said the BCCLA and John Howard Society of Canada would also like to see a third party review and make decisions around the punishment.

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The trial is expected to last nine weeks.

  • With files from Michelle Morton

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