Canadian Supreme Court

International Law

Indefinite Solitary Confinement Ruled Unconstitutional in British Columbia

April 5, 2018 Hunter Snowden 0

Summary: The Supreme Court of BC has classified indefinite solitary confinement as a form of torture and a breach of Canadian prisoners’ rights. On January 17, 2018, the Supreme Court of British Columbia ruled Canadian prisons’ use of indefinite solitary confinement unconstitutional. The court ruled that the practice of allowing the wardens to place an unjustified expiration date on prisoners’ time in solitary was equivalent to torture and placed them at an increased risk of self-harm and suicide. Justice Peter Leask wrote in his decision that this indefinite administrative segregation violated the rights afforded to prisoners under Section 7 of the Charter of Rights and Freedoms, specifically the right to not be deprived of the security of life and the person protected by this section. While this section does clarify that these rights are subject to seizure in accordance with the principles of fundamental justice, Leask did not believe that […]