Prisoners claim pandemic regulations caused mental distress in class-action lawsuit

Federal prison inmates have taken a significant step forward in a class-action lawsuit against the Canadian government after alleging inhumane treatment during the COVID-19 pandemic. Five years after filing the lawsuit, the British Columbia Supreme Court has certified the class, acknowledging the claims of prisoners who described the restrictions inflicted on them as inhumane.

Among the plaintiffs is Dean Roberts, an inmate at B.C.’s Mission Institution, who described the pandemic’s impact within the prison system as bringing chaos and despair. The affidavit outlined that the outbreak led to disruptive procedures that caused severe mental strain as inmates’ daily routines were disrupted by changing pandemic protocols.

Highlighting the detrimental effects of the pandemic regulations, Roberts raised concerns about the drastic alterations in the daily lives of prisoners. He indicated that the stability and predictability of routine in a prison setting were upended by the uncertainties brought forth by COVID-19 measures. The psychological toll was substantial, leading to extreme emotional fluctuations, unexplainable anger, despair, and perplexity among inmates.

Roberts also expressed grave concerns about the practice of allowing inmates out of their cells for only 20 minutes a day, emphasizing that the prolonged isolation in solitary confinement exacerbated their distress. He recounted instances of self-harm among fellow detainees, including instances of head-banging, self-injury, and even one individual sewing his mouth shut. The pervasive feelings of loneliness and despair were visibly evident on nearly every inmate’s countenance during that period.

In response to the lawsuit, the Attorney General of Canada contested certifying it as a class action, arguing that the Correctional Service of Canada’s pandemic-related measures were medically necessary. However, the court’s ruling dismissed this argument, emphasizing that class proceedings are crucial for marginalized groups like federal prison inmates to seek justice for confinement conditions. The judge acknowledged the plaintiff’s claim regarding systemic breaches of inmates’ rights, attributing the failings to the “top-down” approach of the Correctional Service of Canada.

The plaintiffs’ legal counsel, Patrick Dudding, welcomed the court’s decision and expressed a determination to gather current and former inmates to join the class action, potentially encompassing thousands of individuals. The Correctional Service of Canada stated that it was assessing the court’s ruling and refrained from specific comments.

While the judgment represents a significant progress for the inmates in their quest for justice, the Correctional Service of Canada noted its commitment to COVID-19 risk mitigation during the pandemic. The lawsuit now stands as a legal battleground where inmates’ claims of inhumane treatment clash with procedural justifications necessitated by the unprecedented nature of the global health crisis.