Yukon studying Ontario court decision on prisoner segregation

Yukon's Department of Justice may take a closerlook at its policies on prisoner segregation, given a recentdecision by the Ontario Superior Court.

On Monday,the court ruled thatmore safeguards are needed to prevent abuse.

The decision marks the conclusion of acase launched by the Canadian Civil Liberties Association nearly three years ago and could have repercussions nationwide.

Ontario Superior Court Justice Frank Marrocco has suspended the ruling for one yearto give Parliament time to respond.

• Ontario judge rules long-term 'administrative segregation' in prisons unconstitutional

The ruling calls for aprocess of independent review of decisions on prisoner isolationso that wardens don't have the final word.

It notes that"administrative segregation" which allows prisoners to remain isolated for up to 23 hours a day can cause psychological stress and have a negative effect on mental health.

However, the ruling does find the technique to be lawful, even in cases where an inmate is as young as 18 ormentally ill and even for indefinite stretches of time.

Administrative segregation happens when officials believe an inmate "intends to act"in a way that threatens other inmatesor staff.

Canadianlaw limits segregation to 30 days when it is used as a form of punishment. However, the recent decision allows forlonger stretches of segregation if the placement isconsidered "administrative."

The Superior Court's decision adds that prisoners should bemonitored by health professionals to "to negate the potential cruelty of indefinite segregation."

Yukon 'studying the decision'

Yukon's Department of Justice provided a written statement by email, when asked for comment.

It says the government"is studying the decision to determine what, if any, effect it may have on the policies, practices and procedures at the Whitehorse Correctional Centre(WCC)."

The governmentnotes that the majority of periods of separate confinement at WCC are less than 72 hours. Statistics about the practice in Yukonare collected and published online.

According to the statistics published for 2016, about 80per cent of cases of segregation at WCCwere "administrative".Seven cases of non-voluntary isolation there lasted more than eight days.

The department notes that all individuals who are isolated in Yukon, "retain access to visitors, legal counsel and elders."

Yukon's Minister of Justice recently announced a broader review of incarceration policies, prompted by the case of Michael Nehass.The Yukon man was diagnosed with a schizophrenia after having spent years at WCC with much of that time in segregated confinement. At times, he was delusional and refused medication the jail could not legally force him to take.

The inspection is meant to examine issues of mental health and incarceration in Yukon. It isscheduled to begin next month with a final report due in March 2018.

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The federal government maintains that administrative segregation is different than solitary confinement.

Prolonged solitary confinement is considered cruelby the United Nations.

TheUnited Nations Standard Minimum Rules for the Treatment of Prisoners says prolonged solitary confinement defined by the U.N. as lasting more than 15 days is considered to "amount to torture or other cruel, inhuman or degrading treatment or punishment."