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.
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