Class action certified alleging harm from extended solitary confinement in N.L. jails
A Newfoundland and Labrador Supreme Court judge has certified a class action lawsuit alleging harm from prolonged periods of solitary confinement in the province's jails.
The lawsuit alleges negligence by the provincial government in ensuring the safety and well-being of inmates, and says the use of periods of solitary confinement over 15 days is unconstitutional and violates basic human rights guaranteed under the charter.
"Prisoners subjected to solitary confinement regularly suffer serious negative effects on their mental and physical health as a result," says the lawsuit's amended statement of claim.
It alleges the effects of being set apart from others for 23 hours a day for weeks at a time include anxiety, depression, hallucinations, paranoia, self harm and suicide.
The claims made by the complainants have not been proven in court, and the provincial government had not provided comment on the lawsuit after being contacted on Friday.
The representative claimants listed on the court document are Paul Hennebury, Nikita Pearce, Adam Hayden and Chase Maher, and all five of the province's jails are named in the lawsuit.
St. John's law firm Morris Martin Moore announced its bid to certify the suit in September 2020, and Justice Valerie Marshall granted consent on Thursday.
Lawyer James Locke says since the announcement of the lawsuit, about 70 former inmates have contacted the firm with stories of being kept in solitary confinement or segregation for extended periods of time.
The statement of claim alleges prolonged solitary confinement is used inappropriately as a tool to deal with prison overcrowding and respond to prisoners' mental illnesses, including self injury and psychiatric illnesses, "in the absence of adequate institutional resources."
"The use of prolonged solitary confinement amounts to a 'sentence within a sentence,' and constitutes a denial of natural justice and due process," says the document.
The lawsuit spans three decades, going back to 1990, and will also include inmates who spent time in segregation while they had a serious mental illness.
The Newfoundland lawsuit's certification came eight days after a civil liberties group filed a statement of claim against the federal government over solitary confinement, two years after the top courts in British Columbia and Ontario ruled the practice violates prisoners' constitutional rights.
The B.C. Civil Liberties Association alleged in an Oct. 13 notice of civil claim filed in British Columbia Supreme Court that the conditions of solitary confinement infringe on federal inmates' charter rights, arguing they are exposed to physical, psychological, social and spiritual trauma.
-- Story by Michael Tutton in Halifax, with files from Sarah Smellie in St. John's, N.L.
This report by The Canadian Press was first published Oct. 23, 2021.
CTVNews.ca Top Stories
The kids from 'Mrs. Doubtfire' are all SUPER grown up now, and we're not OK
The adorable trio of child actors from the 1993 classic comedy 'Mrs. Doubtfire,' which starred the late and great Robin Williams, are all grown up and looking back on their seminal time together.
Two killed after collision with truck on Hwy. 417 near Limoges, Ont.
Ontario Provincial Police say two people were killed after a car and a transport truck collided in the westbound lanes of Highway 417 near Limoges, Ont. on Tuesday afternoon.
‘We made them safer and more fun’: Here’s what’s new about e-scooters
Electric scooters (e-scooters) have been gaining popularity in the capital and this season comes with some changes and updates.
Houston braces for flooding to worsen in wake of storms
High waters flooded neighborhoods around Houston on Saturday following heavy rains that have already resulted in crews rescuing hundreds of people from homes, rooftops and roads engulfed in murky water.
A Chinese driver is praised for helping reduce casualties in a highway collapse that killed 48
A Chinese truck driver was praised in local media Saturday for parking his vehicle across a highway and preventing more cars from tumbling down a slope after a section of the road in the country's mountainous south collapsed and killed at least 48 people.
Canadian Auger-Aliassime reaches first Masters final in Madrid with another walkover
Montreal's Felix Auger-Aliassime has advanced to his first ATP Masters final, and he hasn't had to play all that much tennis to do it.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.
The UN warns Sudan's warring parties that Darfur risks starvation and death if aid isn't allowed in
The United Nations food agency warned Sudan's warring parties Friday that there is a serious risk of widespread starvation and death in Darfur and elsewhere in Sudan if they don't allow humanitarian aid into the vast western region.
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.