'The consciousness of Canadians has caught up with what prisoners have known for years. Prolonged solitary confinement is torture.'
Canadian appellate courts in B.C. and Ontario have now held that indeterminate periods of isolated confinement violate Charter rights. Class action lawsuits have been successful resulting in damages for the cruelty prisoners experienced for being held in segregated confinement for more than 15 days straight.
In 2019, Canada repealed legislation permitting administrative segregation, one form of solitary confinement. Ministers said this would be the end of solitary confinement in Canada. They were wrong. Most concerning is that structured intervention units that were billed as the answer to abusive solitary confinement now perpetuate it. Prof. Doob and Sprott's analysis of the SIUs revealed that 10 per cent of SIU placements result in prohibited, prolonged, solitary confinement or torture. This finding was accepted by the minister of Public Safety before a Parliamentary Committee.
Stopping this is not difficult: Direct and legislate correctional authorities to cap solitary confinement at 15 consecutive days; ratify the optional protocol against torture; and denounce torture in all forms, particularly in our own backyard.
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