OHRC obtains Tribunal Consent Order to keep people with mental health disabilities out of segregation [2018-01-18]

On January 16, 2018, the Human Rights Tribunal of Ontario (HRTO) issued a Consent Order requiring Ontario to end the use of segregation for people with mental health disabilities across its 26 correctional facilities, barring exceptional circumstances. The Order was obtained on the consent of the Ontario Human Rights Commission (OHRC) and the Ontario government.

The Order arises from a 2012 human rights application filed by Christina Jahn, who alleged that she was placed in long-term segregation at the Ottawa Carleton Detention Centre because of her mental health disabilities and gender. The OHRC intervened in Ms. Jahn’s case, and in 2013 the parties reached a settlement, which should have resulted in major reforms to Ontario’s use of segregation.

By September 2017, after obtaining statistical information from the Government and meeting with vulnerable prisoners across the province, the OHRC had serious concerns about the continuing overuse of segregation and filed a contravention application alleging that the Government was in breach of the settlement.

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