A Quebec Superior Court judge has authorized a class-action lawsuit on behalf of federal prisoners in Quebec who were held in segregation units for more than 15 days after November 2019.
Lawyers for Daniel Fournier, the representative plaintiff, say he was subject to cruel and unusual punishment when he was held in segregation units for 40 consecutive days in 2019 and 2020, never knowing when he would be released back into the general population.
The federal government argued against allowing the class action, telling the court that Fournier doesn't have grounds for a lawsuit as an individual, let alone as part of a class action. Fournier, who is currently serving a 14-year sentence for robbery and using a fake firearm in the commission of his crimes, was transferred to an SIU after he threatened to harm himself and others.
Included in the evidence introduced by Fournier's lawyers were several reports that found the new standards aren't being met. Almost 80 per cent of inmates in SIU facilities, according to one of the reports, were regularly unable to have four hours outside their cell every day and nearly 40 per cent were never given four hours outside their cell at all.
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