Miriam Pinkesz  |  October 13, 2020

Category: Civil rights

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prisoner in solitary confinement

After several Canadian human rights class action lawsuits taking issue with solitary confinement have been commenced in Newfoundland and Labrador, as well as a few in Ontario, Quebec inmates are now seeking justice for harm suffered while in confinement.

Solitary Confinement in Quebec Prisons

The Quebec solitary confinement class action lawsuit alleges that every year, Quebec Correctional Services (QCS) places thousands of inmates in segregation, otherwise known as solitary confinement, for disciplinary reasons. The class action lawsuit maintains that Quebec inmates remain confined to a cell for 23 hours a day without meaningful human contact.

According to the lawyers representing proposed Class Members, solitary confinement violates the fundamental rights of detainees.

The Quebec solitary confinement class action lawsuit includes anyone “who was kept in ‘solitary confinement’ in a provincial detention centre in Quebec, i.e., confined to a cell for at least 22 hours per day, following a decision of the institution’s disciplinary committee.”

Class Members also include anyone covered in the Class who was diagnosed or could have been diagnosed with a mental disorder by a health professional, prior to their placement in solitary confinement.

Solitary Confinement Class Action: “A Prison Within a Prison”

In Quebec’s prisons, solitary confinement is referred to “the hole” or “dead lock”, and according to the Quebec solitary confinement class action lawsuit, it is “literally a prison within a prison.” The class action calls it “the most drastic deprivation of liberty that the state can impose on an individual.”

The proposed suit describes how inmates who are placed in solitary confinement are confined to a cell for approximately 23 hours a day.

Inmates in confinement suffer numerous deprivations including the lack of: indoor and outdoor activities, educational and rehabilitation programs, educational programs, television or radio, etc.

“They cannot work during their time in confinement, losing the capacity to pay for cantine items, such as phone cards to contact their family, hygiene products, etc. […] They may only leave the segregation cell for about one hour a day, during which they must wear handcuffs, except when taking a shower, which they may do only every other day, or when walking outside alone.”

UN Reports On Solitary Confinement

In July 2008 and 2011, the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment issued a Report concerning solitary confinement. According to the Report, solitary confinement “should be kept to a minimum, should only apply in very exceptional cases, for as short a period of time UN Report Argues Solitary Confinement is Inhumaneas possible, and should only be a measure of last resort.”

Additionally, the UN Report provides that segregation could cause psychotic disturbances, as well as anxiety, depression, anger, cognitive disturbances, perceptual distortions, paranoia, psychosis, and self-harm.

The Quebec Ombudsman has also listed the serious consequences that isolation can have on inmates. According to the solitary confinement class action lawsuit, both Quebec and international literature conclude that disciplinary segregation compromises inmates’ ability to reintegrate society.

Solitary Confinement May Infringe Human and Legal Rights

The solitary confinement class action lawsuit argues that the seriousness of the infringement of inmates’ liberty and human rights requires that “any decision to impose disciplinary segregation must respect a high degree of procedural fairness,” such as ensuring inmates have access to legal representation.

However, the lawyers highlight that the right to counsel is not guaranteed before the Disciplinary Committee even when an inmate might be at risk of being placed in isolation.

“This systemic violation of procedural fairness in the imposition of disciplinary segregation infringes the fundamental rights and freedoms of class members in a manner that is grossly disproportionate and arbitrary when weighed against the purpose of disciplinary segregation.”

Another issue raised in the Quebec solitary confinement class action lawsuit: QCS uses disciplinary segregation to punish violations that are due to mental disabilities.

In the wake of the numerous judgments against solitary confinement in Canada back in 2019, Bill C-83 was introduced, which requires detention facilities to provide a minimum of two hours of outside time or human interaction per day to all detainees.

However, the solitary confinement class action lawsuit alleges that the QCS has since continued to leave people in solitary confinement without human contact at least 23 hours a day.

The proposed class action is seeking, among other remedies, a declaration that solitary confinement breaches inmates’ Charter rights, an order requiring QCS to pay each Class Member $2,000 per placement in solitary confinement, an additional amount of $2,000 and $250, and finally, an additional $250 per additional day spent in disciplinary segregation when the duration exceeded 12 days.

Do you think inmates’ human rights are violated in solitary confinement? Tell us what you think in the comments below!

Proposed Class Members are represented by Trudel Johnston & Lespérance.

The Quebec Solitary Confinement Class Action Lawsuit is George Michael Diggs v. Procureur général du Québec, Case No. 500-06-001094-206, Before the Superior Court of Québec, District of Montreal, Canada.

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One thought on Inhumane Solitary Confinement Sparks Quebec Class Action Lawsuit

  1. Alex says:

    I was released today from 4 days 24/24 locked in the cell solitary confinement. I already have a mental illness that I take medication for everyday which I was deprived of for the first 2 days I had to fight for the right to take my meds
    I was deprived of water because there was no working water in my cell. I was dehydrated asked for help none was given.
    I was deprived of a shower for 6 days of torture which I endured
    I am writing to you tonight because I am feeling the side effects of the torture that I had to endure. I am unable to sleep. I feel confused. Lost. Stare into Abyss. Anxiety like never before. Trouble breathing. My whole body is broken. I wanted to inform myself on what procedure to take against this human rights violation I had to go through.
    Please get back to me

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