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).
