Unanimous decision by BC Court of Appeal rules indefinite solitary confinement is grossly disproportionate to the objectives of the law
The British Columbia Court of Appeal released its decision this morning ruling prolonged, indefinite solitary confinement in prisons across Canada is unconstitutional.
In handing down the unanimous ruling Mr. Justice Fitch said indefinite solitary confinement deprives an inmate of life, liberty and security in a way that is grossly disproportionate to the objectives of the law. "
He adds the draconian impact of the law on segregated inmates offends the fundamental norms of a free and democratic society.
The decision rejects the federal government's attempt to overturn a January 2018 BC Supreme Court decision.
The case was brought by the BC Civil Liberties Association (BCCLA) and the John Howard Society of Canada (JHSC) and resulted in the government's administrative segregation laws being struck down as unconstitutional, a finding that today was upheld by the BC Court of Appeal.
It was on Friday that members of Parliament passed a new law aimed at ending segregation in prisons, increase mental health services, and supports for Indigenous peoples.
But the B-C Civil Liberties Association says still allowed for solitary confinement in some cases.