Two class-action lawsuits have been filed against the Ontario government, seeking $1.5 billion in damages for the use of lockdowns in provincial correctional facilities to manage staffing shortages from 2009 to 2017. The lawsuits claim these lockdowns violated the rights of inmates and immigration detainees, causing severe and lasting harm.
Allegations and Background
The lawsuits, which have over 100,000 potential claimants, allege that Ontario correctional facilities frequently resorted to lockdowns, where inmates and detainees were confined to their cells for extended periods, often without access to outdoor exercise, showers, phone calls, or programs. Data obtained through a freedom of information request reveals an average of 440 full facility staffing-related lockdowns per year between 2010 and 2017, with 636 full lockdowns reported in 2016 alone.
Expert Reports Highlight Inhumane Conditions
Reports from six experts, including those in international human rights law, corrections, and psychiatry, describe the lockdowns as inhumane. Michael Weinrath, a criminal justice professor at the University of Winnipeg, noted that Ontario is unique in its use of lockdowns for staffing issues. Dr. Adekunle Garba Ahmed, a psychiatry professor, compared the mental health impacts of lockdowns to solitary confinement, noting they can worsen existing conditions and lead to social skill deficits and increased aggression.
Immigration Detainees’ Experiences
One lawsuit specifically addresses the impact on immigration detainees, who are sometimes held in provincial facilities. Ali, a former detainee who sought asylum in 2013, described his seven-week detention at Maplehurst Correctional Complex as traumatic, exacerbated by frequent lockdowns. Ali’s detention experience, marked by limited access to legal services and outdoor time, has had a lasting impact on his mental health.
Government Response
In their defense, Ontario and the federal government deny negligence and argue that lockdowns were necessary for safety and security. The province contends that any damages suffered by the plaintiffs should be indemnified by the federal government, as per their cross-claim.
Persistent Issues and Ongoing Legal Battle
Staffing shortages and lockdowns continue to plague Ontario’s correctional facilities. The most recent data from 2021 reported 783 full lockdowns. Correctional officer Chad Oldfield stated that lockdowns are sometimes unavoidable due to a depleted workforce.
Howard Sapers, former federal correctional investigator and independent adviser on corrections for Ontario, criticized the ongoing staffing and lockdown issues, emphasizing that most detainees are in pre-trial custody and not convicted of crimes. He stressed that extreme confinement should only be used for urgent threats, not staffing shortages.
The class-action lawsuits were certified in 2017, and expert reports have been served on the defendants, with a trial date expected in 2025.