Solitary Confinement Court Case - Question Period
MR. SPEAKER « » : The honourable member for Dartmouth South.
JUSTICE - SOLITARY CONFINE.: COURT CASE - UNADDRESSED
MS. CLAUDIA CHENDER « » : Mr. Speaker, my question is for the Minister of Justice. For months now, I've been raising concerns about the use of solitary confinement in our provincial correctional facilities. Earlier in this sitting, I asked the minister if he had concerns about the province's vulnerability to a class-action lawsuit related to solitary confinement as we've seen in other provinces.
Well, an action was filed Monday alleging that the use of solitary confinement for consecutive periods exceeding 15 days constitutes cruel and unusual punishment in contravention of Section 12 of the Charter. Can the minister explain why this situation was not addressed before it had to be taken to the courts?
HON. MARK FUREY « » : Mr. Speaker, I thank my colleague for the question. My colleague would know that the courts are there to provide a legal analysis of concerns that are brought forward through our broad community. In this case, somebody has taken advantage of that process. We respect that process. The specifics of that case I'm not familiar with nor would I speak to in this Legislature.
MS. CHENDER « » : At issue in the class actions filed in both Ontario and Nova Scotia is the use of administrative segregation in which inmates are isolated either to ensure their own safety or that of others in the institution, which the minister has referenced several times in this House.
As I pointed out before, there are far more instances of administrative close confinement in our provincial system than any other reason. Close confinement must be a last resort, if it is used at all. If people in provincial correctional facilities are requesting to be placed in close confinement - solitary confinement - in a cell 23 hours a day to feel safe, then that points to a bigger problem.
Mr. Speaker, again I will ask: Will the minister commit today to a full, public review of close confinement in our provincial correctional facilities?
MR. FUREY « » : My colleague would know that the Ombudsman's Office has full access on a quarterly basis to our correctional facilities for the purposes of monitoring close confinement. We're working with the Human Rights Commission, Mr. Speaker, to have full access to the correctional facilities for purposes of evaluating and assessing individuals' human rights.
The Elizabeth Fry Society and many other agencies are within our facilities and within our institutions providing support to those who find themselves in those circumstances.
MR. SPEAKER « » : The honourable member for Dartmouth East.