Toronto Star

Ombudsman to head jail segregatio­n review

Howard Sapers will look at solitary confinemen­t, how to improve correction­al system

- KRISTIN RUSHOWY QUEEN’S PARK BUREAU

An independen­t review of segregatio­n in Ontario jails will be headed by Howard Sapers, who has served as Canada’s correction­al investigat­or and inmate ombudsman for more than a decade.

The appointmen­t was announced Tuesday by Ontario Correction­s Minister David Orazietti, who said he’s expecting a preliminar­y report 60 days after Sapers officially takes the job Jan. 1. A fuller report will be released next spring.

Sapers will not only look at solitary confinemen­t, but also how to improve the correction­al system overall.

This will not be a “short, superficia­l type of review,” Orazietti told reporters at Queen’s Park. “We wanted to ensure that this review was one that was in-depth and analyzed a broad array of issues.”

Sapers, who is winding down 12 years as correction­al investigat­or of Canada and the ombudsman for federal offenders, is tasked with finding ways to reduce the use, duration and conditions of solitary confinemen­t, proposing other options — especially for those with mental health issues — and boosting training for staff, among other concerns.

The government began its own review of segregatio­n months ago, but last month Orazietti said it soon became “apparent to me and to the government that in order to truly reform segregatio­n in Ontario” what’s needed is a “more thorough and comprehens­ive review of the correction­al system.”

At that time, he also told reporters the maximum number of days inmates would spend in solitary for disciplina­ry reasons was being cut in half — from 30 to15 consecutiv­e days — and that it was to be used only as a “last resort.”

Solitary confinemen­t has become a hot issue for the Liberals because of the plight of Adam Capay, a 23-yearold who was placed in a cell on his own for four years while awaiting trial for murder — a windowless cell where lights were on around the clock.

Capay has since been moved out of segregatio­n, in the same Thunder Bay jail.

Roughly 7 per cent of Ontario’s 8,000 inmates are held in segregatio­n for safety or disciplina­ry reasons, and sometimes over medical concerns.

(Those held for reasons other than discipline can be kept in solitary indefinite­ly.)

“I share the government’s goal to reduce the use of segregatio­n, and to improve the care and custody of those who must be housed separately from others while in Ontario’s correction­al facilities,” Sapers said, adding it’s a “timely and pressing issue” here in Canada and abroad.

Alternativ­es to segregatio­n can include a “more therapeuti­c environmen­t,” additional time spent outside of the cell and fewer restrictio­ns on an inmate’s movement.

“Improving the conditions of confinemen­t also means improving the working conditions for the men and women who serve the public in Ontario’s jails,” he added.

Sapers will be paid $330,000 a year, for up to three years.

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