Ontario sued over young offenders in solitary confinement

A $125-million class-action lawsuit has been filedagainst the provincial government over alleged mistreatment ofminors in youth justice facilities.

The suit filed with the Ontario Superior Court of Justice claimsthe Crown breached its fiduciary duty to ensure the welfare ofchildren by allowing the use of solitary confinement in theprovince's 20 detention centres foryoungoffenders.

Lawyers say the plaintiff, who cannot be named due to theindividual's status as a minor at the time of the offence,wassubjected to lengthy periods of solitary confinement at the GenestDetention Centre for Youth in London, Ont.

The allegations, which have not been proven in court, claim"theextensive and improper use of cruel, inhuman and degradingpunishments" including extended periods of solitary confinementcause irreparable harm.

Ontario's children's advocate Irwin Elman called on thegovernment in August to stop putting young offenders in solitary
confinement for more than 24 hours, warning it negatively harmstheir mental and physical health.

Lawyer Jay Strosberg says Human Rights Watch, the World HealthOrganization and the United Nations have issued strong condemnationof the use of solitary confinement on juveniles.

Strosberg says Canadians would be appalled to know the degree towhich solitary confinement is used in Ontario's Youth JusticeFacilities.

"There are no circumstances where such punishments arereasonable, and the province's inaction is disturbing," he said.

A spokeswoman for the minister of children and youth servicessaid in a statement that Ontario's youth justice system hasundergone a "massive transformation" over the past decade and theministry will continue to work "with the best interest of the youthit serves in mind."