Court Rules Solitary Confinement Laws are Unconstitutional

This week the BC Supreme Court struck down the federal laws that govern solitary confinement. The declaration of constitutional invalidity will be suspended for 12 months.

The laws are unconstitutional because solitary confinement can be imposed without strict time limits, inmates in solitary confinement are not entitled to a review conducted by an independent external decision-maker, and the laws fail to provide that inmates may be represented by counsel at segregation review board hearings. The laws further unjustifiably infringe the Charter because they discriminate against mentally ill and/or disabled inmates and Aboriginal inmates.

Joseph Arvay, O.C., Q.C., Alison M. Latimer and Caily DiPuma act for the plaintiffs in this landmark case.

To read the full judgment, click here