Two inmates were awarded thousands of dollars in damages after a judge ruled their Charter rights were violated due to sub-par conditions at a provincial jail.

An Ontario Superior Court of Justice decision this week found in favour of Jamil Ogiamien and Huy Nguyen, incarcerated at Maplehurst Correctional Complex, who alleged their rights were violated during chronic lockdowns.

The judge awarded immigration detainee Ogiamien $60,000, for which both federal and provincial governments will be liable, and Nguyen $25,000, for which the province will be solely responsible.

In his decision, the judge said frequent use of lockdown procedures at the maximum security prison left Ogiamien and Nguyen confined to their two-person cells 24 hours a day, sometimes unable to phone their families or lawyers, and without regular access to showers or washrooms.

In 2014, some Maplehurst inmates were locked down for a total of 167 days and for 199 days in 2015. Between January and March 2016, inmates were locked down for a total of 36 days.

"The addition of frequent, random and unplanned lockdowns over a two-year period constitutes cruel and unusual treatment," the decision reads. "It is not imposed as a punishment, rather, it appears to have become a normal part of Maplehurst's operation through indifference and a failure to consider the needs, interest and rights of inmates on remand and immigration holds."

Because the Ministry of Community Safety and Correctional Services still has the option to appeal the ruling, Minister Yasir Naqvi's office said it would be inappropriate to comment directly. However, his office said it is aware of the lockdown issue.

"When a lockdown is necessary, partial or individual unit lockdowns are always preferred to a facility lockdown, and every effort is made to maintain the regular schedule of visits, programming and other services," said spokesperson Clare Graham.

Lockdowns have been a recurring problem in Ontario jails, with the number rising to 900 in 2014. And while lockdowns are meant to be employed as a last resort during riots or like security concerns, according to Monte Vieselmeyer, corrections chair for the Ontario Public Service Employees' Union, staffing shortages have forced some jails to rely on the practice.

"Once we get our (staff) complement, then when you have a lockdown it would be for emergency reasons, it wouldn't be because you don't have enough staff, but that's the norm. If the staffing resources are there, then a lockdown would only occur because of security reasons," Vieselmeyer said.

Since 2013, 57 new correctional staffers have been hired at Maplehurst, with another 24 set to join later this month and an additional 32 by year's end.

But despite Naqvi's pledge to hire a total of 2,000 officers over the next three years, Viselmeyer is concerned they won't be enough to offset staffing levels because a slew of correctional officers are slated to retire this year.

Further complicating the matter is that correctional institutions are competing with the Ontario Provincial Police and Royal Canadian Mounted Police when it comes to hiring.

"Are we going to be able to make up that ground, or are we sitting stagnant on our numbers?" Vieselmeyer said.

Progressive Conservative leader Patrick Brown said the use of lockdown procedures have steadily risen, tripling at the Ottawa Carleton Detention Centre.

"When there's understaffing, it leads to more lockdowns, when you don't have proper security and ceramic knives and drugs are being snuck in, it leads to more lockdowns. When you don't have the ability to do searches, it leads to more lockdowns," Brown said.

The Superior Court ruling comes on the heels of a call from Ontario's ombudsman to abolish indefinite solitary confinement practices, and recommended Ontario adopt a 15-day limit for such correctional procedures.

Naqvi confirmed the possibility of hard caps on segregation would be seriously considered as part of the ministry's review, consultations for which wrap up May 15.

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snanji@qpbriefing.com

Province on the hook after judge rules frequent lockdowns are ‘cruel and unusual treatment’

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