Ian Hicks

The appellants appealed a Superior Court decision finding that frequent lockdowns at Maplehurst Correctional Complex violated the Charter rights of two remanded inmates under section 12 (cruel and unusual treatment).

The Court of Appeal allowed the appeal, finding that the application judge had significantly overstated the frequency, duration, and impact of lockdowns affecting the respondents.

The court concluded that while lockdowns occurred more frequently than ideal, they did not rise to the level of cruel and unusual treatment.

The court also found procedural unfairness in the award of damages without notice to the parties and rejected alternative arguments based on sections 7 and 10(c) of the Charter.

The applicant, Godday Dadzie, sought release via habeas corpus from immigration detention under the Immigration and Refugee Protection Act (IRPA).

He had been detained since 2014, primarily due to being a flight risk and issues with establishing his identity and country of origin, exacerbated by his lack of cooperation.

The court considered whether his detention was "very lengthy" and of "uncertain duration," factoring in the nature of the detention facility and the applicant's non-cooperation.

The court found that the applicant's detention was not exceptionally lengthy when accounting for his lack of cooperation, nor was its duration uncertain due to his own obstructionist tactics.

The application was dismissed, as the court concluded that the detention was for a valid immigration purpose, not arbitrary, and consistent with fundamental justice principles.

The applicants, an immigration detainee and a remand detainee housed in a maximum security provincial correctional facility, brought an application for habeas corpus and a remedy under s. 24(1) of the Charter.

They alleged that frequent and unpredictable lockdowns, primarily caused by staff shortages, violated their Charter rights.

During lockdowns, inmates were confined to their double-bunked cells for 24 hours a day with limited access to showers, phones, and programs.

The court found that the conditions during the lockdowns, which occurred approximately 50% of the time, constituted cruel and unusual treatment in violation of s. 12 of the Charter.

The court declined to order a systemic remedy or a transfer, but awarded Charter damages of $60,000 to the immigration detainee (payable jointly by Ontario and Canada) and $25,000 to the remand detainee (payable by Ontario).