and lethargic, resulting in an inability to initiate behaviour
(Arrigo and Bullock, 2008); and
— mentally ill prisoners are more likely than other prisoners
to be sent to solitary confinement. Several studies have
estimated that about one-third of prisoners in solitary con-
finement are mentally ill (Arrigo and Bullock, 2008; Haney,
2009; Metzner and Fellner, 2010).
 The respondent suggested that Dr. Hannah-Moffat’s evidence did not reflect consideration of policy changes since 2015.
While this is true, I am satisfied that it does not affect Dr. Hannah-Moffat’s evidence. Dr. Hannah-Moffat is a professor of sociology and the former director of the Centre of Criminology and
Socio-legal Studies at the University of Toronto. Dr. Hannah-Moffat was a policy advisor to the Commission of Inquiry into
Certain Events at the Prison for Women in Kingston April 1994
and an expert witness for the Office of the Ontario Coroner in
the Ashely Smith Inquest. I am satisfied that Dr. Hannah-Moffat, who was not cross-examined, was undoubtedly aware of
those changes and would have referred to them if they altered or
qualified her conclusions.
 I accept Dr. Hannah-Moffat’s evidence that these effects,
which include the development and exacerbation of mental illness, have been documented in the literature which she reviewed and as a result I conclude that these negative effects are
foreseeable and expected.
 I accept that in an individual case, as Dr. Morgan indicated, negative psychological effects may not be observable, but
I do not accept that these have not occurred. As indicated,
Dr. Morgan’s suggestion, that they occur in some cases but not
others, is unpersuasive.
 Dr. Chaimowitz stated that administrative segregation
for more than 15 consecutive days poses a serious risk of serious
permanent observable negative mental health effects and that
this risk grows as the segregation continues, particularly if the
individual has no certainty of a date on which it will end. Serious permanent observable mental health effects can otherwise
be called mental illness.
 Dr. Chaimowitz was not cross-examined although the
respondent forcefully pointed out that Dr. Chaimowitz did not
describe any experience treating inmates in a federal institution.
 I do not accept this criticism of Dr. Chaimowitz.
 Dr. Chaimowitz has professional experience treating
persons who had previously been in administrative segregation.
I recognize that these individuals may have had problems before