maintaining an adequate state of alertness and attention to
their environment. He states that, if this occurs for even a few
days, brain activity shifts toward an abnormal pattern.
 This aspect of segregation is also addressed in Rule 44 of
the Mandela Rules. Specifically, this Rule defines solitary confinement as confinement of a prisoner “for 22 hours or more
a day without meaningful human contact”.
 I recognize that an inmate in segregation will have perfunctory contact with Correctional Service of Canada staff. I am
not persuaded by the evidence that this type of contact is “
 Canada can take itself outside of the literature dealing
with solitary confinement by changing the nature of the confinement in administrative segregation both in terms of the time
that an inmate spends in his or her cell and the nature of the
human contact that they have while segregated.
 However, until this happens, Canada is using administrative segregation to isolate prisoners in a way captured by the
term solitary confinement as that term is defined in the Mandela Rules.
Application of The United Nations Standard Minimum Rules for
the Treatment of Prisoners (the Nelson Mandela Rules)
 Professor Mendez testified that the Mandela Rules are
an authoritative interpretation of binding international rules
including the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (June 1987).
 When he was cross-examined on his affidavit, Professor
Mendez agreed with respondent’s counsel that the Mandela
Rules, themselves, however, are not binding international
law because states have not agreed that the Mandela Rules will
 I am satisfied that the Mandela Rules do not bind Canada
although I would point out that the respondent acknowledged,
in para. 96 of its factum, that Canada participated in drafting
The relevant Mandela Rules
 Rule 43 of the Mandela Rules provides in part as follows:
“the following practices, in particular, shall be prohibited:
(a) indefinite solitary confinement; (b) prolonged solitary
confinement . . . ”.
 Rule 44 of the Mandela Rules provides: “For the purpose of
these rules, solitary confinement shall refer to the confinement
of prisoners for 22 hours or more a day without meaningful