Smoking ban in federal prisons lifted

MONTREAL – The Federal Court has ordered a recently imposed smoking ban outside of federal prison buildings must be lifted.

Nineteen Quebec inmates serving lengthy federal sentences argued this month that a complete smoking ban introduced in federal prisons in 2008 was a violation of their rights.

Prohibiting smoking violates prisoners’ right to "life, liberty and security of the person" and constitutes "cruel and unusual treatment," the prisoners argued in their Federal Court action seeking to overturn the ban.

The Correctional Service of Canada banned all smoking after discovering that a partial ban, which allowed smoking only outdoors, was being flouted. It is estimated about three-quarters of federal inmates were smokers before the ban.

"The prisoners have experienced various physical and psychological symptoms related to nicotine deprivation, notably: an increase in stress, in anxiety, in their aggressiveness, in their nervousness," the action said. They fear for their safety because their fellow inmates are also more aggressive and they suffer headaches, the shakes, increased appetite and insomnia. When they do sleep, some dream of cigarettes.