Bill C-83

One of the objectives of the proposed amendments regarding administrative segregation is to respond to the 2017 decision of the Ontario Superior Court of Justice in Corporation of the Canadian Civil Liberties Association v. Her Majesty the Queen and the 2018 decision of the Supreme Court of British Columbia in British Columbia Civil Liberties Association v. Canada (Attorney General).5 According to [...] The purpose of this type of segregation “is to maintain the security of the penitentiary or the safety of any person by not allowing an inmate to associate with other inmates” (section 31(1) of the Act). [...] The Regulations also provide for the review of all cases of administrative segregation (voluntary or involuntary) by the head of the region, or by the staff member in the regional headquarters who is designated by the head of the region, at least once every 60 days in order to determine whether the inmate should remain in administrative segregation. [...] On 17 December 2018, the Court of Appeal for Ontario extended the suspension of the declaration of invalidity to 30 April 2019.23 The Attorney General of Canada did not contest the declaration of invalidity ordered by the Superior Court under section 7 of the Charter. [...] As mentioned earlier, pursuant to the Act, the current purpose of administrative segregation is “to maintain the security of the penitentiary or the safety of any person by not allowing an inmate to associate with other inmates.” [Authors’ emphasis] 2.1.2 TRANSFER PROCEDURE AND GROUNDS FOR TRANSFER (CLAUSES 7 AND 8) The bill makes several amendments to allow for the transfer of inmates to the new