Ontario Jail Lockdowns Criticized in $1.5 Billion Class-Action Lawsuits
CBC News | July 3, 2024
Toronto— Two class-action lawsuits against the Ontario government are shedding light on the alleged misuse of lockdowns in the province’s correctional facilities. The lawsuits, which seek a combined $1.5 billion in damages, argue that frequent lockdowns due to staffing shortages from 2009 to 2017 violated the rights of inmates and immigration detainees.
Lockdowns as a Response to Staffing Shortages
Lockdowns, where inmates are confined to their cells and denied access to daily activities, can be used for various reasons, including security incidents. However, the lawsuits claim that staffing-related lockdowns became a chronic issue, causing significant harm. Documents obtained by CBC News reveal an average of 440 full facility lockdowns each year due to staffing shortages between 2010 and 2017, along with hundreds of partial lockdowns.
Experts Condemn the Practice
Reports from six experts, including those with backgrounds in human rights law and psychiatry, criticize Ontario’s use of lockdowns. Michael Weinrath, a criminal justice professor, noted that Ontario’s approach is unique and harsh compared to other regions he has studied. Dr. Adekunle Garba Ahmed, a psychiatry professor, highlighted the severe mental health impacts, likening the effects of frequent lockdowns to solitary confinement.
Government’s Defense
The Ontario and federal governments have denied negligence, arguing that lockdowns were necessary for safety and did not occur as frequently as alleged. They assert that any measures taken were in good faith and in line with the Charter rights of detainees. Despite these claims, information obtained through freedom of information requests indicates that staffing-related lockdowns remain a persistent issue.
Impact on Immigration Detainees
One of the lawsuits also addresses the plight of immigration detainees held in Ontario jails. Ali, a former detainee who arrived as an asylum seeker in 2013, described his seven-week detention at the Maplehurst Correctional Complex as a traumatic experience. Experts argue that detaining immigration detainees in correctional facilities violates international human rights law.
Calls for Change
The lawsuits were certified in 2017, with a trial date expected in 2025. Meanwhile, Howard Sapers, a former federal correctional investigator, emphasized the urgency of addressing the well-documented staffing and lockdown issues, noting that most people in Ontario’s jails are in pre-trial custody and have not been convicted of any crimes.
The ongoing class actions highlight the need for systemic change in Ontario’s correctional facilities to ensure the humane treatment of inmates and detainees.