Woman who spent 16 days in extreme solitary confinement sues federal government
A woman who spent 16 days in an extreme form of solitary confinement in a Nova Scotia prison is now suing the federal government for damages. Lisa Adams successfully argued before a Nova Scotia judge that her Charter rights had been breached after she was placed in a “dry cell” on suspicion that she hid drugs in her vagina while serving a sentence at Nova Institution for Women in Truro.
A “dry cell” is a solitary room with no flushing toilet or running water, used for inmates suspected of ingesting or hiding contraband inside their bodies. The inmate is observed through a glass window and a security camera at all times, even while using the toilet, until the item is removed through the person’s bodily waste. Adams eventually requested a pelvic examination by a doctor, which found she had no objects inside her.
In response to her case, the federal government changed the law and placed new restrictions on the use of “dry cells.” The amendments set a 72-hour maximum for dry celling, although the head of the institution can extend that by an extra 24 to 48 hours under certain conditions.
Adams, who now lives in Saint John, near her mother and two sons, was released from prison in early 2021 after a two-year sentence for drug trafficking. Her civil case is scheduled to start on June 16, and she says it’s been difficult to prepare herself mentally for the trial.
During her time in the dry cell, Adams experienced a mental breakdown, became suicidal, and wrote letters to her family saying goodbye. Her lawyers are seeking compensation for the immense psychological damage she suffered as a result of the solitary confinement.
In its statement of defence, the Government of Canada argued that Adams had reasonable access to legal counsel and medical professionals, and that there was no negligence or breach of duty toward her. The government acknowledged that confining Adams in a dry cell was regrettable, but maintained that its actions complied with the law at the time.
A proposed class action against dry celling will not go ahead due to a lack of participants. The case was led by the same lawyers representing Lisa Adams, but she was not part of the proposed class action.
Adams’ case is supported by the Elizabeth Fry Society of Mainland Nova Scotia and the Canadian Association of Elizabeth Fry Societies (CAEFS). CAEFS executive director Emilie Coyle described Adams’ treatment as torture and emphasized the need for reform in the justice system to prevent such incidents from happening again.
