Segregation and mental health in Ontario’s prisons: Jahn v. Ministry of Community Safety and Correctional Services

OHRC obtains Human Rights Tribunal Consent Order to keep people with mental health disabilities out of segregation
On January 16, 2018 the Human Rights Tribunal of Ontario (HRTO) issued a Consent Order (also available on CanLii) requiring that the Ontario government will not use segregation for any individuals with mental illness in correctional facilities, except in the most exceptional circumstances.

The Order requires Ontario to take specific steps, with detailed timelines, to keep people with mental illness out of segregation. This includes implementing a system to identify individuals with mental health disabilities in the correctional system, accurately track segregation use, and monitor the health of any individuals placed in segregation. The Order also includes accountability and transparency mechanisms, like expert involvement in implementation, the appointment of an Independent Reviewer tasked with monitoring compliance, and requirements that Ontario collect and publicly report data on its ongoing use of segregation.

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