head and the independent reviewer must apply s. 87(a) of the
Corrections and Conditional Release Act.
 The handbook, the Commissioner’s Directive and the
assessment tool can change but the law requires a genuine
attempt to balance the security needs of employees and inmates
in the general population with the psychological harm to the
administratively segregated inmate.
 Because the legislation requires both the institutional
head and the independent reviewer to balance the security needs
of employees and inmates in the general population with the psychological harm to the administratively segregated inmate, I am
satisfied that the legislative scheme properly applied to inmates
with mental illness does not offend s. 12 of the Charter.
 I am satisfied that the legislative scheme is capable of
administration in relation to mentally ill inmates in a way
which does not offend s. 12 of the Charter.
 The applicant asks me to declare that a legislative
scheme which permits the Correctional Service of Canada to
administratively segregate an inmate for more than 15 days is a
legislative scheme which imposes a cruel and unusual treatment
or punishment contrary to s. 12 of the Charter.
 The applicant has asked me to declare that an inmate
may never be segregated for more than 15 days.
 I decline to make such declarations.
 The visit by a health professional is sufficient to negate
the potential cruelty of indefinite segregation if the impact on
the prisoner is a consideration for release, which it will be if the
Correctional Service of Canada provides a proper directive
concerning the application of s. 87(a) to the consideration of
whether to release an inmate from segregation.
 If it takes more time to resolve the issue which triggered the decision to consider administrative segregation, it is
possible to change the length of time that prisoners in administrative segregation are locked in their cells and to change
the social contact to which they are exposed. These changes, if
they occur, will affect the maximum time that a person should
spend in segregated confinement and would reflect a genuine
attempt to apply s. 87(a) in a way that leads to a balancing of
the security needs of employees and inmates in a penitentiary
with the psychological harm to the administratively segregated
 The respondent relied on a study by Dr. Ivan Zinger in
2001, which concluded that there was no evidence that over