Top court to review solitary confinement

OTTAWA— The Supreme Court of Canada will revisit provincial court rulings that declared federal provisions on the solitary confinement of prisoners to be unconstitutional — an examination that could have implications for new legislation intended to improve procedures for separating inmates from others.

The high court agreed Thursday to jointly hear the federal government’s challenges of the provincial appeal-court decisions. The Supreme Court also said it would hear cross-appeals from civil liberties groups in each case that argue the provincial decisions did not go far enough.

The Ontario Court of Appeal ruled last March that prolonged solitary confinement constitutes cruel and unusual punishment, violating the Charter of Rights and Freedoms.

It placed a hard cap on the practice, saying inmates could no longer be isolated for more than 15 days due to “foreseeable and expected harm which may be permanent” from lengthy segregation.

In June, the British Columbia Court of Appeal said the practice breached the right to life, liberty and security of the person in allowing indefinite isolation and failing to provide external review of decisions to segregate inmates.

Although it asked the Supreme Court for permission to contest the provincial decisions, the federal government brought in new legislation expected to end the practice of segregating prisoners who pose risks to security or themselves. Bill C-83 came into force Nov. 30.

The government says inmates requiring isolation will now be kept in “structured intervention units.”