Inmate Rights: Correctional Facilities, Close Confinement - Question Period

MS. CLAUDIA CHENDER « » : Mr. Speaker, my question is for the Minister of Justice. Earlier this week an Ontario Superior Court Judge ruled that a $600 million class action lawsuit against the Province of Ontario could proceed. The lawsuit alleged that the Ontario government violated the rights of inmates by placing them inappropriately in solitary confinement. The statement of claim says that close confinement is grossly overused on a systemic basis in the Ontario system.

Just last week we heard of five individuals being held in provincial custody here in Nova Scotia who had applied to the court to be released from solitary confinement.

Mr. Speaker, is the minister confident that our practices in our provincial system will not result in a similar lawsuit being filed against the Province of Nova Scotia?

HON. MARK FUREY « » : I thank my colleague for the question. This is an important issue that can't be dismissed. Over the past number of months there has been great work done within the facility specific to close confinement. We have reduced our average days of time in close confinement from 5.5 to 3.5 days. That is significant progress.

The Ombudsman's Office and the Human Rights Commission have quarterly visits into our facilities, Mr. Speaker, to ensure that these practices are applied appropriately. Just here in the last two weeks we've had Supreme Court of Nova Scotia decisions challenging the habeas corpus that my colleague would be familiar with, where the Supreme Court of Nova Scotia has determined, when used appropriately, solitary confinement is a necessary and appropriate tool within our facilities.

MS. CHENDER « » : Mr. Speaker, I'm afraid that international precedents disagree, but notwithstanding, at issue in the Ontario case is the use of administrative segregation in which inmates are isolated either to ensure their own safety or that of others in the institution. Data obtained through freedom of information show that there are far more instances of administrative close confinement in our provincial system than any other reason.

This weekend the Schulich School of Law is hosting the Canadian Prison Law Conference here in Halifax. Experts in prison law are here from across the country and I wonder if what we have to show them is more of a cautionary tale than a best practice.

Mr. Speaker, will the minister commit today to a full public review of the use of close confinement in our provincial correctional facilities?

MR. FUREY « » : Mr. Speaker, we could not have a more public, transparent view of the close confinement process within our correctional facilities than what the Supreme Court of Nova Scotia has addressed on two separate occasions over the last two weeks.

Mr. Speaker, I know this is a very important issue but we are losing sight - in fact, there are individuals within our facilities who request to go into close confinement because they themselves are concerned for their own personal safety. The use of close confinement is a last resort, it is a resort used or a tool used to ensure the safety of the inmate as well as those who are employed within the facility. We will continue to prioritize the safety of all within our institutions.