Persons between the ages of 18 and 21 years
 The applicant asks for a finding that young adults aged
18-21 are particularly vulnerable and therefore any placement
of these individuals in administrative segregation constitutes
a violation of s. 12.
 When considering articles written concerning research
into the effects of isolation from the general inmate population
on young persons, it is necessary to keep in mind s. 76(2) of the
Youth Criminal Justice Act, S.C. 2002, c. 1, which stipulates that
no young person under the age of 18 years is to serve any portion of his or her sentence in a penitentiary.
 Professor Mendez did not know until his cross-examination in this application that persons under the age of 18
could not be housed in a penitentiary in Canada.
 The age 18 cut-off is not always observed in articles or
papers using terms like “adolescents” or “juveniles”. For example,
the applicant filed a copy of an amicus brief submitted by
the American Psychological Association to the Supreme Court of
the United States in the case of Roper v. Simmons. The court
was dealing with the constitutionality of executing juveniles.
It appears that the thrust of the brief is that adolescents 16 and
17 should not be executed because they are still psychologically
 It is not clear to me that this observation: namely that at
16 and 17 years adolescents are less likely to restrain their
impulses because their brains have not yet fully matured, apply
to persons 18 to 21 years. The brief observes for example that
“Delinquent even criminal behavior is characteristic of many
adolescents, often peeking around age 18.”
 The respondent’s expert Dr. Nussbaum conceded that
brain maturation continues after 18 but disputed that the litera-
ture established that the brains of persons between 18 and 21
are therefore fragile.
 Similarly, the applicant filed a paper published in the
official journal of the American Academy of Pediatrics calling for
an end to solitary confinement of children in juvenile detention
facilities. It is not clear to me that the considerations applying to
the appropriateness of placing children in solitary confinement
apply when considering the appropriateness of placing persons
between 18 and 21 years in administrative segregation.
 The applicant criticized Dr. Nussbaum for failing to
write a report concerning the difficulty, if any, inmates between
18 and 24 years would have with administrative segregation.
This criticism was based on the fact that the respondent had