Lockdown ontario 20229/3/2023 Third, extensive use of lockdowns, segregation and restrictive confinement, as well as the imposition of arbitrary sanctions that result in significant deprivations of liberty, raise serious human rights concerns under the Charter of Rights and Freedoms. This is highly problematic because there is no evidence to suggest that the serious harms associated with solitary confinement are mitigated based on how the placement is labelled, classified or justified. These practices include lockdowns, restrictive confinement and imposition of “time in cell” as a sanction. Second, the OHRC is concerned that segregation, which is currently subject to strict limits and oversight, is being replaced by correctional practices that result in substantially similar conditions of confinement without associated legal and policy protections. TSDC management and front-line workers routinely use segregation, restrictive confinement, lockdowns and “time in cell” sanctions that raise serious human rights concerns.Īccording to the data received by the OHRC, TSDC management and front-line staff routinely use segregation, restrictive confinement, lockdowns and “time in cell” sanctions to manage the prison population, which raises serious human rights concerns.įirst, given the high proportion of Indigenous and Black prisoners at TSDC, and the high prevalence of mental health disabilities and addictions among the provincial remand population, the OHRC is concerned that groups protected the Code are disproportionately negatively impacted by TSDC’s routine use of lockdowns, segregation, restrictive confinement and “sanctions.”.This sets it apart from most other provincial jails the OHRC has visited which are double- and triple-bunked. Notably, in some respects TSDC is better positioned than many other Ontario correctional institutions to adopt public health measures like social distancing and social isolation because it is not at capacity. It does, however, shed some light on the systemic challenges that exist in terms of addressing the pandemic in TSDC. Note that given the timing and initial focus of the OHRC’s investigation, this report does not address SOLGEN’s response to the COVID-19 pandemic. Instead, the OHRC hopes that this report will bring into focus the systemic legal, policy and operational issues that SOLGEN must address to adequately support the institutional leadership’s efforts to meet the human rights of prisoners. The OHRC’s intention is not to negatively affect staff morale or otherwise undermine these efforts. It acknowledges that management and staff are making good faith efforts to address some of the concerns highlighted. The OHRC is aware that there has been extensive judicial and media scrutiny of the conditions of confinement at TSDC. Relevant decisions from courts and tribunals.Engagement with current members of the TSDC Community Advisory Board (CAB).Private interviews and correspondence with approximately 75 prisoners.Review of primary source documents and information received from SOLGEN including segregation documentation, log books, handbooks, etc.Engagement with Ministry of the Solicitor General (SOLGEN) leadership including Deputy Solicitor General (Correctional Services), Assistant Deputy Minister (Institutional Services) and Director (Toronto Regional Institutional Services).Engagement with TSDC’s Superintendent and senior command.Tours of the facility on January 27 and February 13, 2020.Under section 29 of the Ontario Human Rights Code (Code), the OHRC can also initiate reviews and inquiries and make recommendations related to incidents of tension or conflict in a community and report to the people of Ontario on the state of human rights. The OHRC has toured jails and correctional centres across Ontario since 2016, as part of its monitoring of the settlements and an Order in Jahn v Ministry of Community Safety and Correctional Services ( Jahn). This report summarizes the Ontario Human Rights Commission’s (OHRC) findings and human rights concerns about the conditions of confinement at Toronto South Detention Centre (TSDC).
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