Although initial placement in segregation is not at issue,
written reasons are required within one day of that decision
(Corrections and Conditional Release Regulations, s. 19). The
authority to make the decision cannot be delegated below the
level of correctional manager. If the decision is made by an individual other than the institutional head, it must be reviewed by
the institutional head within one working day (Corrections and
Conditional Release Regulations, s. 20).
 Given the potential harm after 30 days of administrative
segregation, it is appropriate to consider this as a final, rather
than interim, decision.
 I am aware that there is a requirement for the head of a
region or a staff member in regional headquarters to review an
inmate’s case at least once every 60 days to determine if administrative segregation is justified (Corrections and Conditional
Release Regulations, s. 22). This is not a prompt review. This
requirement does little, if anything, to provide a substantive
right of appeal from decisions of the institutional head. There is
no indication that this review includes a formal power to overturn the institutional head’s decision.
The decision is important
 The review decision is important which suggests a
robust requirement for procedural fairness.
 The decision affects the safety of the institution, and can
continue serious stress on the mental health of the person segregated. “The more important the decision is to the lives of those
affected and the greater its impact on that person or those persons, the more stringent the procedural protections that will be
mandated” (Baker, para. 25).
 Specifically, Dr. Ruth Martin a family physician and
a prison physician, offered evidence filed by the applicant that
the harmful effects of sensory deprivation caused by solitary
confinement could occur as early as 48 hours after segregation.
I accept this evidence of Dr. Martin.
 Dr. Chaimowitz, the head of forensic psychiatry at
St. Joseph’s Healthcare in Hamilton and a professor in the
Department of Psychiatry and Behavioural Sciences at McMaster University, offered evidence filed by the applicant that solitary confinement for more than 15 days posed a serious risk of
 The Canadian Medical Association Journal in an editorial published in December 2014 stated that a growing body of
literature showed that solitary confinement can change brain
activity and result in symptoms within seven days.