(Mitchell Haindfield photo)

(Mitchell Haindfield photo)

Ottawa jail inmates argue anti-COVID measures a breach of charter rights

The prisoners allege guards did not wear masks until April 25

Nine inmates of a provincial jail in Ottawa have gone to court to argue they are being subjected to egregious conditions due to COVID-19 that violate their constitutional rights and international law.

The application filed in Superior Court, accuses authorities at the Ottawa-Carleton Detention Centre of putting dangerously lax health measures in place and imposing oppressive restrictions as part of the fight against the pandemic.

“This is an egregious diminution of liberties being imposed in an already restrictive environment,” their hand-written application states. “These impositions are tyrannical and dehumanizing.”

Upholding human rights should remain paramount even during a pandemic, the inmates say. They also point out the majority of the inmates are awaiting trial and are presumed innocent.

The applicants want the court to declare their rights have been breached and to order the government to take remedial action.

Among other things, the applicants say they have been deprived of outside visitors, a crucial way to maintain contact with loved ones and community supports, since March 10. International law, they say, requires regular visits.

The prisoners allege guards did not wear masks until April 25, and that since then, correctional officers have worn face coverings irregularly, risking the inmates’ health. Nor has the prison provided masks, sanitizer or soap to prisoners, the complaint alleges.

They also say they’ve been cut off from religious services, dental care and various treatment programs.

“Although the applicant understands how volatile the situation has been, COVID-19 is not a justifiable excuse for the restrictions imposed during the pandemic,” the document states.

The court action alleges that correctional staff only set up a quarantine on April 25. Until then, new inmates were simply placed with the others.

Michael Wiwczaruk, one of the nine inmates, said it’s impossible to understand the impact of the anti-COVID measures without experiencing them first-hand.

“The psychological stress caused by the increased risk to contract COVID-19 while in pre-trial detention cannot be overstated,” the application states.

Solicitor General Sylvia Jones did not immediately respond to a request for comment on Wednesday. However, the ministry has previously argued that it has taken steps to protect inmates in part by allowing some to leave jails.

Other inmates, along with civil rights groups, have previously filed suit against the federal government alleging “grossly inadequate” measures to curb the spread of COVID-19 in penitentiaries. Federally, about 360 inmates have tested positive and two have died.

The Canadian Human Rights Commission has previously urged correctional authorities to release low-risk inmates and to ensure both the health and human rights of prisoners are a priority.

This report by The Canadian Press was first published July 2, 2020.

Colin Perkel, The Canadian Press

READ MORE: COVID-19 is not a ‘get-out-of-jail-free card,’ says BC judge

READ MORE: More than 50,000 Coronavirus cases reported per day in US

Like us on Facebook and follow us on Twitter.

Coronavirus

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(BC Hydro photo)
BC Hydro planned power outages to darken downtown Smithers for most of day Sunday, Jan 17

Replacement of poles will affect approximately 250 customers in downtown core from 10 a.m. to 4 p.m.

Smithers Local Health Area reported 25 new cases of COVID-19 Jan. 3 - 9. (BC CDC graphic)
Weekly new cases of COVID-19 rise to 25 in Smithers LHA Jan. 3 – 9

Northern Health reported 49 new daily cases for 497 active, 44 hospitalized, 13 in critical care

The first of two massive turbines headed from Prince Rupert for the Site C Dam near Fort St. John on Jan 10. (Photo: Supplied by Tasha McKenzie)
Massive turbines begin trek across Northwestern B.C.

Hydro-Electric turbines headed from Prince Rupert to Site C Dam week of Jan. 10 to 14

Keith the curious kitten is seen on Nov. 4, 2020 at the Chilliwack SPCA. Friday, Jan. 22, 2021 is Answer Your Cat’s Questions Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 17 to 23

Answer Your Cat’s Questions Day, Pie Day and International Sweatpants Day are all coming up this week

(Phil McLachlan - Capital News)
‘Targeted’ shooting in Coquitlam leaves woman in hospital

The woman suffered non-life threatening injuries in what police believe to be a targetted shooting Saturday morning

JaHyung Lee, “Canada’s oldest senior” at 110 years old, received his first dose of the COVID-19 vaccine on Thursday, Jan. 14, 2021. He lives at Amenida Seniors Community in Newton. (Submitted photo: Amenida Seniors Community)
Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A unique-looking deer has been visiting a Nanoose Bay property with its mother. (Frieda Van der Ree photo)
A deer with 3 ears? Unique animal routinely visits B.C. property

Experts say interesting look may be result of an injury rather than an odd birth defect

Standardized foundation skills assessment tests in B.C. schools will be going ahead later than usual, from Feb. 16 to March 12 for students in Grades 4 and 7. (Black Press Media file photo)
B.C. teachers say COVID-affected school year perfect time to end standardized tests

Foundational skills testing of Grade 4 and 7 students planned for February ad March

Sooke’s Jim Bottomley is among a handful of futurists based in Canada. “I want to help people understand the future of humanity.” (Aaron Guillen - Sooke News Mirror)
No crystal ball: B.C. man reveals how he makes his living predicting the future

63-year-old has worked analytical magic for politicians, car brands, and cosmetic companies

Terry David Mulligan. (Submitted photo)
Podcast: Interview with longtime actor/broadcaster and B.C. resident Terry David Mulligan

Podcast: Talk includes TDM’s RCMP career, radio, TV, wine, Janis Joplin and much more

Seasonal influenza vaccine is administered starting each fall in B.C. and around the world. (Langley Advance Times)
After 30,000 tests, influenza virtually nowhere to be found in B.C.

COVID-19 precautions have eliminated seasonal infection

Most Read