Federal government ordered to pay $20M for placing mentally ill inmates in solitary confinement

An Ontario judge has ordered the federal government to pay $20million for placing mentally ill inmates in solitary confinement,with the money earmarked to boost mental health supports incorrectional facilities.

In a ruling issued this week, Ontario Superior Court Justice PaulPerell says the Correctional Service of Canada violated the charterrights of thousands of inmates who filed a class-action lawsuitagainst the agency over its use of administrative segregation.

Perell found those who were involuntarily placed inadministrative segregation for more than 30 days, or voluntarily formore than 60, experienced a systemic breach of their rights underthe Charter of Rights and Freedoms.

"It does not accord with public standards of decency or propriety in the treatment of a mentally ill inmate. It is also
unnecessary because there could have been alternative ways less draconian than theequivalent of solitary confinement to address a security concern, and an indeterminate time to resolve a security concern cannot be justified."

Those who were in segregation for less than 30 days can stillmake claims later in the case.

$20M to go to additional resources

Compensation for individual members of the class has also not yetbeen determined and submissions will be heard at a future date.

The judge says the $20 million will go to "additional mentalhealth or program resources" in the penal system as well as legalfees.

"The vindication of the class members' charter rights requires that the federal government be directed to do what it ought to have done for decades," he said.

"The funds are to remedy to the harm caused to society which hassuffered from the correctional service's failure to comply with thecharter and also its failure to comply with the spirit of theCorrections and Conditional Release Act and its purpose ofrehabilitating mentally ill inmates to return to society rather thanworsening their capacity to do so by the harm caused by prolongedsolitary confinement," Perell wrote in his ruling.

Practice has also faced provincial legal challenges

The Correctional Service of Canada did not immediately respond toa request for comment.

Administrative segregation is used to maintain security wheninmates pose a risk to themselves or others and no reasonablealternative is available.

Ontario's top court has given federal government until April 30 to fix itssolitary confinement law, while B.C.'s has extended the deadline toJune 17.

The government has pointed to Bill C-83, now before the Senate,which eliminates administrative segregation and replaces it with"structured intervention units" meant to emphasize "meaningfulhuman contact" for inmates and improve their access to programs andservices.