Obiter Dicta Issue 10 - February 2, 2015

Volume 88   |   Issue 10  |  obiter-dicta.ca The Definitive Source for Osgoode News since 1928 Monday, February 2, 2014 cruel, unusual, and ineffective ê While solitary confinement is on the rise in Canadian prisons, the question becomes whether it violates prisoners’ Charter rights. Photo credit: Huffingtonpost.ca esther mendelsohn › staff writer Y ou k now you might be in trouble as a correctional system when one of the most notorious prisons in the US has begun to implement more progressive policies than yours. Rikers Island, the massive corrections complex that reeks of urine and desperation (known to any Law and Order aficionado), has been mandated by the New York corrections board to abolish segregation (otherwise referred to as solitary confinement) for inmates under twenty-one years of age. Meanwhile in Canada, we are ramping up our use of the controversial correctional tool as crime rates drop. To be sure, some inmates need to be in solitary confinement for their own safety and that of others. Correctional officer and inmate safety is, and should be, a top priority. When crime rates seem to be on the decline and the over-incarceration of racialized and Aboriginal people has reached pandemic proportions, however (move to beginning of sentence for clarity?), we must re-evaluate our use of inmate segregation. Segregation has a particularly deleterious effect on vulnerable inmates such as those living with mental illness. In a recently published article in the Globe and Mail, one inmate described how she suppresses her emotions so that the corrections officers are deprived of “taking satisfaction in her struggles.” When she has reached out for help out of desperation, she says she was not believed because the guards are not accustomed to seeing her as a human being with emotions and needs. Ashley Smith committed suicide in her cell after » see solitary confinement, page 10 In this Issue ... editorial Great Expectations . . . . . . . . . . . . . . . . . . . . . . . . 2 news Solitary Confinement . . . . . . . . . . . . . . . . . cover Notice-and-Notice Abuse . . . . . . . . . . . . . . . . . . 3 arts & culture Winterlicious . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Jurisfoodence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 sports Toronto Blue Jays . . . . . . . . . . . . . . . . . . . . . . . . . 9