Ontario chose Friday @ 5pm (🧐) as the time to release this damning Final Report of Independent Reviewer, Justice David Cole, finding @ONsafety continues to breach 2013 and 2018 *settlements* re the use of segregation in Ontario prisons. 1/10 https://www.mcscs.jus.gov.on.ca/english/Corrections/JahnSettlement/FinalReportIndependentReviewer.html
Independent Expert Prof. Hannah-Moffat and Independent Reviewer Justice Cole jointly conclude: “the ministry’s failure to commit itself fully to and implement the various Jahn remedies has now been going on for nearly 6 1/2 years.” 2/10
They quote a GTA probation officer: “Every 18 months or so, this ministry makes some big “splash” promising “reforms” to policies or practices. But once public attention has died down, budgetary constraints soon take over
 In reality, nothing ever changes in this ministry.” 3/10
Reviewers: “We are particularly concerned that the commentary by a very experienced @ONsafety staffer quoted at the beginning of this section may well reflect what will happen if substantial external oversight is not immediately instituted across the ministry.” 4/10
@ONsafety failed to disclose materials: “The ministry has made no admission of wrongdoing, nor has any apology been offered. This takes on particular salience when we recall how much of our research assistants’ time (as well as taxpayer fiscal contribution) was wasted” 5/10
Reviewers: “we wish to highlight our concern about the absence of external oversight into @ONsafety data collection and analysis, and best practices." 6/10
Specific settlement terms that @ONsafety continues to breach:

- Failure to implement mental health screening tool that is sufficiently gender-responsive and culturally informed;

- Failure to consistently conduct mental health assessments once every six months;
7/10
- Failure to apply revised definition of segregation and continued “gray zones” in tracking segregation;

- Failure to consistently implement five-day segregation reviews: “the possibility of Capay-type cases arising again is entirely possible”;
8/10
- “Ontario has not yet set hard time-out-of-cell parameters for specialized care that exceed the two-hour threshold marking segregation” creating a risk that new categories will be segregation by another name;
9/10
- Failure to comply with human rights data collection and reporting, including breakdown of correctional population based on mental health difficulties and sex/gender.
10/10
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