— the decision to administratively segregate prevented an
outbreak of violence; and
— the inmate will spend more than 15 days in administrative
segregation and will not be released until an unknown time
in the future which will increase the inmate’s mental health
 Is this treatment so excessive that it outrages Canadian
standards of decency and so disproportionate to the purpose
for which it was made that Canadians find it abhorrent or intolerable?
 While it would be convenient to switch the inquiry, and
review a legislative scheme providing for prolonged or indefinite
administrative segregation by reference to the principles of fundamental justice, this approach has been rejected. See R. v.
Malmo-Levine, supra, at para. 160.
 Section 7 cannot find a treatment or punishment disproportionate where it passes the test under s. 12.
 There is evidence which suggests that a cap on the maximum amount of time an inmate can be administratively segregated is possible. First, the average length of time spent in
administrative segregation in 2016 was 24 days. Of course,
averages can be deceiving. Second, there is a cap of 45 days on
the time that an inmate spends in segregation because of a disciplinary proceeding. Third, the Mandela Rules call for an end to
prolonged segregation which they define as segregation for more
than 15 days. While it would be tempting to think that the Rules
are aimed at less “civilized” countries, it is important to bear in
mind that in 2012, the Committee Against Torture published a
sixth periodic report on Canada. The Committee Against
Torture is a body of ten independent experts monitoring implementation of the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment by state parties to the convention. That report noted as a principal concern
Canada’s “use of solitary confinement, in the forms of disciplinary and administrative segregation, often extensively prolonged, even for persons with mental illness”.
 I am not satisfied by the evidence that the applicant has
demonstrated that the answer to this question will always be
the same and will always be in the affirmative. If effective monitoring is possible and I believe it is and if s. 87(a) is applied as
the Corrections and Conditional Release Act requires, then I do
not believe the current legislative scheme which permits prolonged administrative segregation must inevitably result in the