HALIFAX—A Halifax lawyer has filed a proposed class-action lawsuit against the province of Nova Scotia, challenging the use of solitary confinement in provincial correctional institutions.

Mike Dull of Valent Legal filed the action late Monday on behalf of two former inmates, Robert Bailey and Caitlin Hill. Dull said the claim alleges the use of solitary confinement for consecutive periods exceeding 15 days constitutes “cruel and unusual punishment, in contravention of Section 12 of the Charter.”

Dull said many provincial inmates have reached out to him in recent years with “really compelling and sad stories” about their experiences in solitary confinement.

“I’ve heard, for example, folks that have been subjected to solitary confinement for half a year on end. Some of the conditions ... you wouldn’t even want to subject your pets to,” Dull said.

“I focus on class actions. Class actions are behaviour modifiers. They’re good ways to change the system.”

Sitting in Dull’s office Tuesday morning, Bailey’s eyes shine with pride when he mentions his successful adult children or the 47 people currently working for him.

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But when the conversation turns to the time he spent in solitary confinement at the Central Nova Scotia Correctional Facility in Burnside, he becomes restless and his eyes cloud over.

“It’s hard to tell you what it’s like because it’s very disturbing. It’s not normal for any human being,” Bailey said. “Knowing how I felt mentally, it took me to a very dark place. I don’t feel it benefitted me in any way.”

When reached for comment, a spokesperson with the province’s Department of Justice said close confinement is a measure of last resort.

“It is utilized in situations that protect inmates and staff. You can find more information about our policies on close confinement online,” Heather Fairbairn said in an email. “Once we have been served with the legal action, we will consider our next steps. We can provide no additional comment at this time.”

Bailey, 48, said he was automatically put in solitary confinement or locked down by himself whenever he was incarcerated, and it took an emotional and mental toll that regularly haunts him.

“I feel mentally strong in some ways, but also like soft as a grape in another way. I can’t even watch stuff on television that’s emotional. I can’t get past it,” he said.

“I kind of walked a little bit taller before. I don’t now, and it really bothers me and even talking about it gets me angry sometimes.”

A series of life crises, depression and an addiction brought Bailey down a path that led to several short stints in jail for non-violent crimes. Bailey said he’s proud to have turned his life around and doesn’t want to make excuses for the things he did. But he can’t understand how anyone could think the punishment fit his crimes.

“I certainly didn’t deserve that kind of treatment (solitary confinement) for the crimes that I committed, which were certainly non-violent and no threat to nobody,” he said. “Why would I be in a position to be subjected to that type of treatment which could possibly turn me violent?”

Bailey has been out of jail for more than three years and describes himself as happily having chosen a better path. He said his decision to approach Dull about launching a proposed class-action lawsuit came from his belief what he went through was inhumane. He wants the practice of solitary confinement abolished.

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“You lose track of time when you’re in there … It’s absolutely filthy; the conditions are unreal. There are secretions from people’s bodies all over the floor,” he explained. “It’s very seldomly ever washed sanitary-wise, and they take your socks and put you in bare feet, and so you have to walk on this stuff. All of this stuff is always absorbing on your mind.”

Bailey said he believes solitary confinement does little more than bring inmates to the brink, and he wants society to do better.

“There should be some better method than mentally torturing somebody for long periods of time. I can’t see any benefit to that at all,” he said.

“That makes somebody feel like smacking their head against a brick wall to end it … I bet 100 per cent of the people contemplate suicide probably after the first day and wish that they could. It would be an out. And so to put someone in that position to contemplate suicide? That shouldn’t be.”

Dull said the proposed class-action lawsuit they’ve launched requires a court appearance, where they’ll ask permission to certify it as a class action. He intends to do that at some point within the next year.

“We’re optimistic that will be successful. There’s good precedent in other areas of Canada, most notably Ontario, that would clear the path for this being an appropriate class action,” he said.

Just last month, a Superior Court judge ruled that a lawsuit alleging the Ontario government violated the rights of inmates by placing them inappropriately in solitary confinement can proceed as a class action.

In January, a British Columbia Supreme Court judge ruled that forcing federal inmates into solitary confinement for indefinite periods is unconstitutional.

Dull also pointed to the Nova Scotia Auditor General’s report released in May that found Nova Scotia jails aren’t always following solitary confinement rules.

“For decades the best social science says solitary confinement doesn’t work, makes things worse for people subjected to it, and it makes them worse off, and as a result when they’re released it makes society worse off,” Dull said.

“Of course we also know that mentally ill offenders are disproportionately subjected to solitary confinement and that solitary confinement makes that mental illness worse, and then it’s a spiral downwards from there. What this case asks is to change that, to break that cycle and hopefully effect change moving forward for the betterment of all Nova Scotians.”

Yvette d’Entremont is a Halifax-based reporter focusing on health and environment. Follow her on Twitter: @ydentremont

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