Action filed against province
Ex-inmates file lawsuit over solitary confinement
Two former inmates of Nova Scotia jails have filed a proposed class action lawsuit against the province on the use of solitary confinement.
The action was filed Monday by the Halifax law firm Valent Legal on behalf of proposed representative plaintiffs Robert Bailey and Caitlin Hill
The claim alleges that the use of solitary confinement for consecutive periods exceeding 15 days constitutes cruel and unusual punishment, in contravention of Section 12 of the charter.
“In Nova Scotia, solitary confinement under the title of ‘administrative segregation’ may be extended indefinitely,” a news release from Valent Legal said.
“Administrative segregation is used to place prisoners in solitary confinement for reasons other than punishment of disciplinary infractions.”
Valent contends that prisoners with mental health challenges are commonly subjected to administrative segregation, “although they are among the most vulnerable to the often severe and lasting emotional, physical, and psychological consequences of holding someone for a prolonged period in a low-stimulus environment without meaningful human contact.”
Bailey said he believes that being subjected to solitary confinement has caused him lasting harm.
“I’m still suffering from the effects today,” he said in the release. “I hope that this lawsuit will create some much-needed change to the system.”
Valent lawyer Mike Dull, who is representing Bailey and Hill, emphasized the “unconscionable” nature of the current use of solitary confinement in Nova Scotia institutions.
“It’s easy to simply turn our backs on citizens who find themselves in trouble with the law,” he said.
“But it’s not right and they don’t leave their rights at the door upon admission. I’ve heard so many stories that would shock the general public. This legal action is intended to shine an overdue light on what is happening in our prisons.”
Neither Dull nor Bailey could be reached for comment Monday.
The release said the claim comes in the wake of an increasing awareness of the “extremely damaging” effects of extended periods of solitary confinement on prisoners.
The Supreme Court of British Columbia ruled in January that the sections of the federal Corrections and Conditional Release Act providing for indefinite solitary confinement were unconstitutional.
Class action proceedings are also ongoing in Ontario and federally seeking compensation for prisoners unconstitutionally subjected to solitary, also known as close, confinement.
Nova Scotia Auditor General Michael Pickup reported in May that Nova Scotia jails have confined prisoners in solitary longer than permitted by departmental policy. Pickup said the Department of Justice “should ensure close confinement is properly approved, including explanation for confinement; all reviews are done as required by policy; and that access to recreation and showers is provided and documented.”
The Department of Justice agreed with this recommendation and 11 others made by Pickup on correctional services.