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OHRC v. Ontario (Community Safety and Correctional Services) 2018 HRTO 60

WHEREAS the Ontario Human Rights Commission (“OHRC”) and Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services (“Ontario”) were parties to the 2013 and 2015 Jahn v. Ministry of Community Safety and Correctional Services settlement agreements relating to the use of segregation and treatment of people with mental health disabilities, and particularly women, in Ontario’s correctional system;

AND WHEREAS medical care in Ontario correctional facilities is provided by consent and no medical assessment or treatment can be provided by Ontario unless an individual or a substitute decision maker, where applicable, consents to the provision of medical care;

AND WHEREAS the OHRC has continued to make submissions and recommendations regarding segregation being used on and having particularly harmful effects for Human Rights Code-protected groups, and maintains the position that the use of this practice should ultimately be phased out;

AND WHEREAS the parties agree that any ongoing use of segregation must only be used as a measure of last resort and under the least restrictive conditions possible, and in a manner that does not violate an individual’s rights under the Human Rights Code;

AND WHEREAS Ontario is engaging in a multi-year process to implement new overarching principles relating to living conditions in correctional institutions which will include creating alternative placements, supporting infrastructure, new staff and staff training;

Jahn v. MCSCS Public Interest Remedies #2, #4, #5, #6, and #7

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