While I do not accept all of Dr. Morgan’s evidence, I find
this part of his evidence confirmatory of the adverse effects of
 I do not accept Dr. Morgan’s evidence that some will be
harmed, and a significant number will not.
 I accept this aspect of Dr. Morgan’s evidence only to the
extent that I agree that it is possible that an individual inmate
will not present these serious permanent negative mental health
effects. I do not rely on Dr. Morgan’s evidence further in this
regard and I specifically do not accept his evidence for concluding that some inmates will experience no serious permanent
negative mental health effects from prolonged administrative
segregation. Specifically, his report that administrative segregation was no more harmful than incarceration in the general
prison population was based on an erroneous conclusion that
there was a negative association between incarceration in the
general population and health outcomes when the opposite was
 The harm is recognized not only in the Corrections and
Conditional Release Act but in international standards and by
reputable Canadian medical organizations like the CMA and
the Registered Nurses Association of Ontario. No nurse or doctor currently working with segregated prisoners in Canadian
penitentiaries testified that practice was benign in some or
 I am satisfied that there is no serious question the practice is harmful.
 Serious state imposed psychological stress constitutes a
breach of security of the person. See Blencoe v. British Columbia
(Human Rights Commission), supra, at para. 56.
 Obviously, the imposition of administrative segregation is
state imposed and the psychological harm that can result from
administrative segregation is serious which leads to the conclusion that the induced stress is serious.
 The stress capable of producing the documented negative effects described in the evidence, therefore, exceeds the
“ordinary stresses and anxieties that a person of reasonable
sensibility would suffer as a result of government action”. See
Lamer C.J.C. in New Brunswick (Minister of Health and Community Services) v. G. (J.),  3 S.C.R. 46,  S.C.J. No. 47,
at para. 59.
 Accordingly, suffering this level of psychological stress
infringes the security of the person of the inmate and the issue
again becomes whether this infringement is in accordance with
the principles of fundamental justice.