Are lockdowns and similar phenomena such as segregation or solitary confinement constitute violations of the Charter?

Ontario, Canada


The following excerpt is from Ogiamien v Ontario, 2016 ONSC 3080 (CanLII):

There are cases that have considered whether lockdowns and similar phenomena, such as segregation, or solitary confinement, constitute violations of the Charter. One of the earliest was McCann v. Canada, supra, which was actually an application in which reliance was placed on s.2(b) of the Canadian Bill of Rights. The Canadian Charter of Rights and Freedoms was not yet in force. Heald J. held that solitary confinement constituted cruel and unusual treatment or punishment contrary to s. 2(b) of the Canadian Bill of Rights.

Other Questions


Does solitary confinement constitute solitary confinement? (Ontario, Canada)
In what circumstances will a plaintiff be awarded damages for false arrest, wrongful imprisonment, Charter violation and Charter violation? (Ontario, Canada)
Does Section 9 violation in relation to over holding constitute a serious violation of section 9 of the Charter? (Ontario, Canada)
Does the Minister of Justice have a basis to refuse surrender to surrender on the grounds that extradition to the United States is a violation of section 6(1) of the Charter of Charter Rights? (Ontario, Canada)
What is the test for ordering base line damages in a case involving systemic negligence and Charter breaches for solitary confinement? (Ontario, Canada)
Does the exclusion of the knife in the context of a random check stop constitute a Charter violation? (Ontario, Canada)
Does a by-law violation or zoning violation go to the root of title? (Ontario, Canada)
What is the test for excluding evidence that supports a Charter violation? (Ontario, Canada)
Does the category of "essential visitor" constitute an analogous ground under s. 15 of the Charter? (Ontario, Canada)
What are the consequences of Charter violations? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.