The federal government argued against allowing the class action, telling the court that Fournier doesn’t have grounds for a lawsuit as an individual, let alone as part of a class action.
Justice Department lawyers argued that significant changes were made to segregation units in November 2019 after courts in British Columbia and Ontario found that solitary confinement for more than 15 days was unconstitutional. Court documents indicate they said inmates held in the new facilities, called Structured Intervention Units, are able to spend four hours a day outside their cell, including two hours during which they have opportunities to interact with other people. This means, they argued, that the new system doesn’t involve solitary confinement — defined by the United Nations as being alone in a cell for at least 22 hours a day — and that even extended periods in an SIU are constitutional.
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