More than 100 former inmates come forward for solitary confinement lawsuit

A lawsuit filed against the Newfoundland and Labrador government over the use of solitary confinement is gaining momentum with scores of people coming forward with stories from inside provincial correctional facilities.

Lawyer Jim Locke, who works with the Mount Pearl-based firm Morris Martin Moore, said about 120 people have approached the law firm with experiences in solitary confinement and segregation over the last three decades. 

"I've heard lots of descriptions which I think would would shock and surprise a lot of people," said Locke.

"It wouldn't be uncommon for there to be urine, feces, blood on the walls. Just the description I've heard is just generally conditions that are unfit to house an animal, frankly, let alone a human."

The Supreme Court of Newfoundland and Labrador certified the class action lawsuit in the fall of 2021, paving the way for the proceeding to go through court.

The claim alleges the use of solitary confinement for 15 days or longer violates the inmates' rights and that it "constitutes cruel and unusual treatment."

It alleges that the province failed in its duty to care for inmates in all of its correctional centres, including Her Majesty's Penitentiary (HMP), the Correctional Centre for Women, the Bishop's Falls Correctional Centre, the West Coast Correctional Centre, the St. John's Lockup, the Corner Brook Lockup and the Labrador Correctional Centre. 

However, Locke said the majority of the people who came forward to the law office are men who served time at HMP, the province's largest correctional institution — and arguably its most notorious. 

Locke said his office has gotten calls from people who are currently in prison as well as family members of people who were subjected to segregation while dealing with severe mental illness. 

Locke said they will argue — among other things — that prolonged solitary confinement was used inappropriately to keep mentally ill inmates away from the general population, even if it was to the detriment of their mental health.

"I think what's most surprising is that it's clear on its face that what these people need is therapeutic help. They have complex needs. They need medical help. But I don't think the system, the corrections system is not equipped to do that," Locke said.

"And the response is to simply place them in an isolation so they don't hurt themselves or others. But I think that ultimately that the long term effect is that, you know, you're hurting those individuals more."

The Office of the Citizens' Representative often fields calls from inmates at correctional institutions across Newfoundland and Labrador, with complaints from adult corrections taking up an estimate 30 to 50 per cent of the monthly case load.

Citizens' rep Bradley Moss said from 2008 to 2018, his office received an average of 27 complaints per year about solitary confinement and segregation.