(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

Just Posted

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Over 5K jabbed at Interior Health mobile COVID-19 vaccine clinics

The clinics have made stops in more than 40 communities since launching last week

Kimberley residents were treated to the first Farmers' Market of the season, and the feeling of a return to normalcy. Paul Rodgers photos.
WATCH: Kimberley’s first Farmers’ Market of the season

Kimberley residents enjoyed the first Farmers’ Market of the year on Thursday,… Continue reading

Provincial Health Officer Dr. Bonnie Henry talks about B.C.’s plan to restart the province during a press conference at Legislature in Victoria, Tuesday, May 25, 2021. THE CANADIAN PRESS/Chad Hipolito
Interior Health COVID-19 cases falling slower than the rest of B.C.

More than a third of provincial cases announced Thursday came from the Interior

Students at Creston Valley Secondary School put together an art installation of a replica residential school room. (Photo by Kelsey Yates)
Creston students create art installation of residential school room

The replica was decorated with a small bed, school uniform, and notes written with pleas for help

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

A North Vancouver man was arrested Friday and three police officers were injured after a 10-person broke out at English Bay. (Youtube/Screen grab)
Man arrested, 3 police injured during 10-person altercation at Vancouver beach

The arrest was captured on video by bystanders, many of whom heckled the officers as they struggled with the handcuffed man

Patrick O’Brien, a 75-year-old fisherman, went missing near Port Angeles Thursday evening. (Courtesy of U.S. Coast Guard)
Search for lost fisherman near Victoria suspended, U.S. Coast Guard says

The 75-year-old man was reported missing Thursday evening

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Bruce Springsteen performs at the 13th annual Stand Up For Heroes benefit concert in support of the Bob Woodruff Foundation in New York on Nov. 4, 2019. (Greg Allen/Invision/AP)
Canadians who got AstraZeneca shot can now see ‘Springsteen on Broadway’

B.C. mayor David Screech who received his second AstraZeneca dose last week can now attend the show

New research suggests wolves can be steered away from the endangered caribou herds they prey on by making the man-made trails they use to hunt harder to move along. THE CANADIAN PRESS/Nathan Denette
Culling cutlines, not B.C. wolves, key to preserving caribou herds: researcher

The government has turned to killing hundreds of wolves in an effort to keep caribou around

Gary Abbott (left) and Louis De Jaeger were two of the organizers for the 2014 Spirit of the People Powwow in Chilliwack. Monday, June 21, 2021 is Indigenous Peoples Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of June 20 to 26

Indigenous Peoples Day, Take Your Dog to Work Day, Onion Rings Day all coming up this week

Gwen Spencer Hethey with her uncle and mentor Major Frederick Richardson. (Courtesy of Greater Victoria Sports Hall of Fame)
‘She was a killer’: The B.C. woman who pioneered female sharpshooting

Gwen Spencer Hethey made military men ‘look like turkeys’ says her son

Most Read