Manitoba -Right case to challenge segregation of prisoners of children
The issue of placing young children in segregation cells in Manitoba has come under scrutiny in recent years, with a landmark class-action lawsuit challenging the practice set to unfold this fall.
The case, which has been in the works for seven years, represents a significant legal battle against the segregation of youth prisoners in Canada. It follows a series of successful lawsuits against various levels of government in the country, which have highlighted concerns about the use of solitary confinement in adult prisons.
Despite previous reports from public watchdogs in Manitoba expressing reservations about the practice of youth segregation, the province has maintained its stance on the matter. According to provincial policy, the segregation of children in youth detention centers is allowed only as a last resort and not as a form of punishment.
However, the class-action lawsuit alleges that the provincial government is not adhering to its own policies and that young people are routinely placed in what they describe as “solitary confinement” for extended periods, violating their charter rights.
The lawsuit describes the segregation cells in Manitoba for children as small, windowless rooms, often no larger than a parking space. The conditions inside these cells are reportedly deplorable, with inmates sleeping on mats on the floor and the cells covered in dirt, blood, and feces.
James Sayce, the lead counsel for the class-action lawsuit, emphasized the harmful effects of solitary confinement on young individuals, noting that the practice can have a particularly detrimental impact on children’s mental health.
Despite warnings from the Manitoba Ombudsman and other advocacy groups, data obtained by the class-action lawsuit shows that the use of segregation cells for children has continued in the province. The data reveals that thousands of incidents involving young people between the ages of 12 and 17 have occurred, with some individuals spending up to 307 consecutive days in solitary confinement.
One individual who has experienced the trauma of solitary confinement firsthand is Devon Daniels, who was first placed in a segregation cell at the age of 14. Daniels recalls spending over two weeks in a small, windowless room with a concrete bed, surrounded by signs of decay and filth. The experience left a lasting impact on Daniels, leading him to contemplate suicide.
Experts involved in the case, including Professor Craig Haney from the University of California, Santa Cruz, have criticized the conditions of segregation cells in Manitoba, noting that they rival some of the worst solitary confinement units in the United States. Haney questioned the legitimacy of the continuous use of solitary confinement in its current form, citing the harmful effects it can have on prisoners.
The class-action lawsuit is set to proceed on November 17 in Winnipeg, marking a crucial moment in the fight against the segregation of young prisoners in Manitoba.
