Mr. Speaker, I thank my colleague from Manitoba for his interventions, as he knows better than most of us the overrepresentation of indigenous peoples in our prison system, as well as their overrepresentation in solitary confinement. He also well knows the long-standing evidence of the damage and the harmful effects that can happen to someone in solitary confinement.

Just for the record, the Orwellian language being thrown around in this debate is a bit worrisome. Most Canadians who are at all familiar with the topic know what solitary confinement is. It is solitary. That is what it is. Calling it “structured integration units” pretends it is something else than what it is. I think that is abusive of the debate. I think it disabuses Canadians of the truth of what is happening here.

My question is very specific. The whole reason this bill has been tabled is that the previous practice of solitary confinement in our prisons was shown not by one but two of our higher courts to be unconstitutional. The Supreme Court of British Columbia said that it allowed for prolonged indefinite confinement, but did not allow for independent oversight of decisions to segregate and to prevent inmates from having a lawyer represent them at segregation hearings.

As well, an Ontario court found the same thing, namely, the lack of independent oversight when a decision was made to put a prisoner into solitary confinement, which we know from extensive research can have long-term and damaging effects on them. There are, of course, instances when there have to be separations.

With just an “Orwellian” change of terminology, the Liberals are setting this up to head right back to the courts, because they have not included the independent oversight that both of those superior courts insisted upon in striking down the previous regime, giving the government time to fix it. This bill does not fix it. Why not?

Nathan Cullen

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