(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

Flora Northwest was taken to the Ermineskin residential school when she was six years old. (Emily Jaycox/Ponoka News)
Ermineskin residential school survivor: ‘It just brings me back to the cries at night’

Discovery in Kamloops of remains of 215 children a painful time for survivors

The Government of Alberta identified 115 new COVID-19 cases Sunday, bringing the provincial total to 3,089.
(Black Press file photo)
Red Deer drops to 71 active cases of COVID-19

Province adds 127 new cases of the virus

Police officers and their dogs undergo training at the RCMP Police Dog Services training centre in Innisfail, Alta., on Wednesday, July 15, 2015. Mounties say they are searching for an armed and dangerous man near a provincial park in northern Alberta who is believed to have shot and killed a service dog during a police chase. THE CANADIAN PRESS/Jeff McIntosh
RCMP search for armed man in northern Alberta after police dog shot and killed

Cpl. Deanna Fontaine says a police service dog named Jago was shot during the pursuit

Alberta now has 2,336 active cases of COVID-19, with 237 people in hospital, including 58 in intensive care. (Black Press file photo)
Red Deer down to 73 active cases of COVID-19, lowest since early November

The Central zone has 253 active cases of the virus

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

Orange shirts, shoes, flowers and messages are displayed on the steps outside the legislature in Victoria, B.C., on Tuesday, June 8, 2021 following a ceremony hosted by the Songhees and Esquimalt First Nations in honour of the 215 residential school children whose remains have been discovered buried near the facility in Kamloops, B.C. THE CANADIAN PRESS/Chad Hipolito
Alberta city cancels Canada Day fireworks at site of former residential school

City of St. Albert says that the are where the display was planned, is the site of the former Youville Residential School

Barbara Violo, pharmacist and owner of The Junction Chemist Pharmacy, draws up a dose behind vials of both Pfizer-BioNTech and Oxford-AstraZeneca COVID-19 vaccines on the counter, in Toronto, Friday, June 18, 2021. An independent vaccine tracker website founded by a University of Saskatchewan student says just over 20 per cent of eligible Canadians — those 12 years old and above — are now fully vaccinated. THE CANADIAN PRESS/Nathan Denette
At least 20% of eligible Canadians fully vaccinated, 75% with one dose: data

Earlier projections for reopening at this milestone didn’t include Delta variant

This undated file photo provided by Ernie Carswell & Partners shows the home featured in the opening and closing scenes of The Brady Bunch in Los Angeles. Do you know the occupation of Mike Brady, the father in this show about a blended family? (Anthony Barcelo/Ernie Carswell & Partners via AP, File)
QUIZ: A celebration of dad on Father’s Day

How much do you know about famous fathers?

A dose of the Pfizer-BioNTech COVID-19 vaccine is pictured at a vaccination site in Vancouver Thursday, March 11, 2021. THE CANADIAN PRESS/Jonathan Hayward
NACI advice to mix vaccines gets varied reaction from AstraZeneca double-dosers

NACI recommends an mRNA vaccine for all Canadians receiving a second dose of a COVID-19 vaccine

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

A lotto Max ticket is shown in Toronto on Monday Feb. 26, 2018.THE CANADIAN PRESS
No winning ticket sold for Friday’s $70 million Lotto Max jackpot

The huge jackpot has remained unclaimed for several weeks now

Canadian Prime Minister Justin Trudeau is seen during a joint news conference following the EU-Canada Summit, in Brussels, Belgium, Tuesday June 15, 2021. Trudeau says Canada is on track now to have 68 million doses delivered by the end of July, which is more than enough to fully vaccinate all 33.2 million Canadians over the age of 12. THE CANADIAN PRESS/Adrian Wyld
Vaccine deliveries enough to fully vaccinate all eligible Canadians by end of July

Three in four eligible Canadians now have their first dose, nearly one in five fully vaccinated.

Most Read