Campaigners hope the judgment will end the controversial practice under which some inmates have been kept alone for four years

This article is more than 2 years old

This article is more than 2 years old

Canada’s use of prolonged or indefinite solitary confinement in federal prisons is unconstitutional, a judge has said in a ruling that could end the controversial practice unless Ottawa appeals the decision.

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Canadian law currently allows an inmate to be placed in “administrative segregation”, as solitary is known, for an indefinite period of time for non-disciplinary reasons, such as protecting prisoners from fellow inmates.

The result seen some inmates left in solitary for as long as four years. The United Nations considers solitary over 15 days to be torture.

On Wednesday, a British Columbia supreme court judge found that the laws governing administrative segregation in Canada’s federal prisons contravene the country’s charter of rights and freedoms.

Inmates placed in solitary confinement are at significant risk of psychological harm, as well as increased incidence of self-harm and suicide, Justice Peter Leask said in his ruling. Many are left with permanent harm as a result of their confinement, he added.

The decision was hailed by the British Columbia Civil Liberties Association, who were among the organisations that challenged the practice in court. “This is the most significant trial court decision in the prison context that we’ve ever seen in Canadian history,” said lawyer Jay Aubrey. “It’s really transformative.”

The ruling gives the federal government one year to bring its laws in line with the charter. Canada’s public safety minister, Ralph Goodale, who oversees the federal prison system, said in a statement the government is reviewing the ruling.

Goodale said Ottawa has already introduced legislation aimed at limiting the amount of time someone can be held in solitary confinement.

The ruling is the second judgment in recent months to take aim at Canada’s use of solitary confinement. In December, a judge in Ontario ruled that the system lacked proper safeguards and gave Ottawa 12 months to address the issue.

Aubrey said British Columbia ruling went much further than the limited violation of the constitution highlighted in Ontario.

Wednesday’s ruling noted that Ottawa’s use of solitary discriminated against indigenous and mentally ill inmates. Both are severely over-represented in the prison population and in solitary confinement, said Aubrey.

Between 2005 and 2015, approximately one quarter of non-Aboriginal inmates spent some time in segregation. In the case of Aboriginal inmates, the percentage climbs to a third.

The law currently caps solitary for disciplinary reasons at 30 days. The vast majority of people in solitary confinement in Canada are under administrative, not disciplinary, segregation.

