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B.C. Appeal Court gives Ottawa until mid-June to fix solitary confinement law

Josh Paterson from the BCCLA discusses the BC appeals court ruling that allows the federal government 6 more months to fix its law on solitary confinement – Jan 7, 2019

VANCOUVER – The British Columbia Court of Appeal has given the federal government more time to fix its solitary confinement law after a lower court declared the law unconstitutional last year.

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The B.C. Supreme Court ruling last January gave Ottawa a year to enact replacement legislation, and the Appeal Court has now extended the deadline to June 17, with conditions to protect prisoners’ constitutional rights in the meantime.

READ MORE: Ottawa allowed 4-month reprieve to amend solitary confinement law struck down as unconstitutional

Those conditions include that health-care professionals must complete daily visual observations of inmates in solitary confinement and advise the institutional head within 24 hours if they believe the inmate must be removed from segregation.

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The B.C. Civil Liberties Association and the John Howard Society of Canada launched the legal challenge, and the two groups also oppose a bill introduced in October.

WATCH: (Aired May 14, 2018) Civil rights activists call on Liberal government to end indefinite solitary confinement

Bill C-83 would allow segregated prisoners to spend four hours a day outside their cells, with a minimum of two hours to interact with others, but it does not include hard caps on how many days  or months prisoners could be isolated from the general population.

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The Canadian Civil Liberties Association launched a separate case against solitary confinement in Ontario, and the Court of Appeal in that province has given the federal government until April 30 to enact new legislation.

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