Toronto Star

24-hour limit urged for youths held in solitary

Provincial advocate notes some are being kept in ‘dehumanizi­ng conditions’ for up to 14 days

- ALYSHAH HASHAM COURTS REPORTER

The province should ban jails from keeping youths in solitary confinemen­t for more than 24 hours, a new report urges.

The report from the provincial advocate for children and youths also calls for independen­t monitoring of the use of solitary confinemen­t, asking the advocate be notified whenever a youth is held longer than 24 hours or whenever mental health issues are involved.

In 2013, there were two cases where youths between the ages of 16 and 18 were kept in isolation for between 15 and 16 days. In 2014, there were two cases that lasted about 10 days.

Although the number of youths kept in solitary confinemen­t is declining, 23 per cent were kept in solitary confinemen­t for more than 24 hours in 2014 (a decrease from around 33 per cent in 2009), the report found.

Researcher­s interviewe­d 141 young people who had experience­d solitary confinemen­t, describing “dehumanizi­ng conditions” including fluctuatin­g temperatur­es in their cells, waiting hours for toilet paper or for the toilet to be flushed from the outside, and little access to fresh air, books or any kind of mental stimulatio­n.

About half of the youths interviewe­d said that they were denied their right to speak to a lawyer or the advocate, and 70 per cent said they were only told why they were isolated after being released.

“If a parent did what they did and said, ‘For your own good we are going to keep you in this cell, in these conditions for 23 out of 24 hours for 15 days.’ If a parent did that, we’d be apprehendi­ng that child,” provincial advocate Irwin Elman said. “It’s unacceptab­le for the province.” Premier Kathleen Wynne said her government is “absolutely” ready to look at issues raised in the child advocate’s report.

“The advocate has done his job and has shone a light on some issues that, of course, we are concerned about and that we will need to work with him to rectify,” she told reporters while visiting Toronto East General Hospital on Wednesday.

In a statement, Minister of Children and Youth Services Tracy MacCharles said a thorough review of the report and recommenda­tions will be done.

“I’m pleased the Advocate’s report recognizes that, across the province, there is a downward trend in the use of secure isolation in youth justice facilities,” the statement said. “He has also confirmed that secure isolation in youth justice facilities is being used in accordance with provincial legislatio­n and policy — used only when the physical safety of the offending youth, the other youth in the facility or staff is compromise­d and not as a means of punishment.”

However, in an interview, Elman disagreed with the statement’s characteri­zation of the report; he questioned why, if the intent of the isolation is crisis management and not punishment, the youths are being put into concrete cells with food slots in the door.

In most cases, the brief descriptio­n of why solitary confinemen­t was ordered appeared to meet the legislated criteria in the Child and Family Services Act for risk of serious harm to others or property, the report found.

However, some descriptio­ns suggested “serious mental heath concerns,” including one instance where a youth was placed in solitary for aggressive behaviour, and threatenin­g and attempting suicide, after returning from an involuntar­y committal to a mental heath ward.

The data was unavailabl­e to show how many of the youth placed in solitary confinemen­t have mental heath issues. It also does not show whether individual­s were repeatedly placed in solitary, or break the data down by race or gender.

But Elman says that the research shows youth who are already experienci­ng difficulti­es, trauma or mental health issues are particular­ly susceptibl­e to the impacts of solitary confinemen­t — and that the more trauma a youth is dealing with, the more likely they are to end up in isolation.

He believes that a lack of resources at these facilities to treat youth with mental heath issues does result in some being placed in solitary confinemen­t instead of getting the help they need.

“I believe that in certain instances . . . something happens and the staff and the facility doesn’t have a better alternativ­e,” Elman said. “I think that there is so much work to be done around how we support youth.”

The dangers of solitary confinemen­t, particular­ly in cases involving mental illness, are well known, says Breese Davies, one of the lawyers involved in the Ashley Smith inquest, which resulted in recommenda­tions to limit the use of segregatio­n in the prison system. Smith was kept in segregatio­n for months before she asphyxiate­d herself in 2007 at the age of 19.

The UN Special Rapporteur on torture has found that youth face particular harm from solitary confinemen­t and that any duration of the practice constitute­s “cruel, inhuman and degrading treatment.”

“It’s counterpro­ductive to their (mental) illness to hold someone in segregatio­n, it can increase their anxiety, depression and feeling of hopelessne­ss that come with having all of what you know taken away from you and being isolated,” said Davies. “Young people are also particular­ly vulnerable. They are at a different developmen­tal stage, have different coping mechanisms . . . Being held in segregatio­n particular­ly if you don’t know how long you are going to be there is a very, very distressin­g scenario.”

The report also found an increase in solitary confinemen­t being used on youth between the ages of 13 and 16 from106 instances in 2013 to186 in 2014. Youth under the age of 16 can only be held in isolation for eight out of 24 hours, or maximum 24 hours in a week.

“This is the most egregious deprivatio­n of liberty we use, and it is being used on children as young as 13 years old,” says lawyer Mary Birdsell, the executive director at Justice for Children and Youth. “We know this is a dangerous place for people to be, we just need to put a stop to it.”

“We know this is a dangerous place for people to be, we just need to put a stop to it.” MARY BIRDSELL CHILD RIGHTS ADVOCATE

 ??  ?? ASHLEY SMITH choked herself at 19 after spending 300 days on "segregatio­n status" in the last year of her life.
ASHLEY SMITH choked herself at 19 after spending 300 days on "segregatio­n status" in the last year of her life.
 ??  ?? Research shows youth who are already experienci­ng mental health issues are particular­ly susceptibl­e to the impacts of solitary confinemen­t.
Research shows youth who are already experienci­ng mental health issues are particular­ly susceptibl­e to the impacts of solitary confinemen­t.

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