Segregation

Bill S-230 (Tona's Law)

Bill S-230 aims to end practices of isolation in federal prisons. In 2018, the government committed to ending segregation and solitary confinement in federal prisons and claimed that newly introduced Bill C-83 would do so. The Senate identified key gaps in the legislation that it foresaw would continue harmful, unlawful and unconstitutional isolation, and proposed vital amendments to try to safeguard and uphold Charter and human rights.

The government refused to incorporate these Senate amendments to Bill C-83. The result is that people continue to experience horrendous and irreversible psychological, physical and neurological damage as a result of conditions of segregation and isolation. Those responsible for the implementation of Bill C-83 have not been transparent. We still do not know the full extent of the human, social and financial costs of the deficits of Bill C-83.

Bill S-230 reintroduces the original amendments proposed by the Senate to provide meaningful alternatives to practices of isolation, including:

A requirement that if a person in a federal prison has disabling mental health issues, they be transferred to a hospital in the provincial health system;
A requirement that a superior court approve any isolation of a person for longer than 48 hours;
The extension of measures allowing prisoners to be transferred from prison to the care and custody of Indigenous communities, to include other marginalized groups; and
In situations where the Correctional Service of Canada breaks the law and unfairly interferes in the administration of a sentence, individuals may apply to the sentencing court for a remedy, be it a reduction in sentence or in parole ineligibility period.

Status of Bill S-230

The proroguing of Parliament means that the last legislative session has ended and therefore all bills not yet passed in both the Senate and the House of Commons must be re-introduced. We plan to do this once Parliament resumes, so watch for updates at the end of March. Thank you to all of you who are advocating for this important legislation.

Senate Speeches