B.C. court upholds ruling that struck down solitary confinement law

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Provincial Court of Appeal decision is latest development in legal battle against the practice of inmate segregation that is playing out in both Ontario and British Columbia

Adrian Wyld/The Canadian Press

The decision followed the federal government’s appeal of a January, 2018, B.C. Supreme Court ruling that found the federal solitary confinement policy was unconstitutional.The federal government now has 30 days to decide whether to seek leave to appeal to the Supreme Court of Canada. While the B.C. court case was still under way, Ottawa started working on new legislation to reform solitary confinement. That legislation, Bill C-83, passed into law Friday.

But while the new legislation changes the name of the practice, it doesn’t put a legislated hard cap on how long inmates can be kept in isolation, says Josh Paterson, executive director of the B.C. Civil Liberties Association.“Guards can still make decisions to isolate people who are inside those units. When they do, as far as we are concerned, that constitutional clock starts ticking,” Mr. Paterson said at a news conference in Vancouver Monday.

 

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