Toronto Star

New probe into use of segregatio­n

Ombudsman to investigat­e after surge in complaints

- ROB FERGUSON QUEEN’S PARK BUREAU

A dramatic rise in complaints about inmates in segregatio­n — including murder suspect Adam Capay at the Thunder Bay jail — has prompted Ontario’s new ombudsman to launch an investigat­ion.

Paul Dubé said Friday he will probe “how the province tracks and reviews” the placement of prisoners in solitary confinemen­t, given that there have been175 complaints since April alone.

That compares with 186 in the preceding 12 months, said Dubé, whose staff recently visited Capay, a young aboriginal man who spent more than four years in solitary confinemen­t awaiting trial after a series of delays in his case.

Roughly 7 per cent of Ontario’s 8,000 inmates are placed in segregatio­n for safety, disciplina­ry or medical reasons — although prisoners can be segregated indefinite­ly over safety or health concerns.

Capay was charged with firstdegre­e murder in the maximum security Thunder Bay Correction­al Centre after fellow inmate Sherman Quisses was stabbed in the neck in a jailhouse confrontat­ion and bled to death in June 2012.

Controvers­y over Capay’s lengthy time in solitary, prompted Correction­al Services Minister David Orazietti to announce in October that the time inmates could be held in segregatio­n for disciplina­ry reasons was being cut in half to 15 days and used only as a “last resort.”

Capay, 23, was moved to a standard cell five weeks ago.

New Democrat correction­s critic Jennifer French said she looks forward to the ombudsman’s report and expects ‘the Liberal government to take immediate action to oversee and limit the use of all forms of segregatio­n in the province’s jails.”

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