The B.C. Supreme Court in Vancouver.
The father of a man who hanged himself in a federal prison says his son did not show any signs of being suicidal before he was placed in solitary confinement and his death was "entirely preventable."
Robert Roy, whose son Christopher was an inmate at British Columbia's Matsqui Institution when he died in June, 2015, testified on Wednesday in a case challenging the use of solitary confinement in Canada.
Although he briefly took the witness stand, Mr. Roy's evidence was primarily entered through an affidavit. In it, he said one of the hardest things he has ever had to do is explain to his grandchildren why their father is gone.
"What makes this heartache even more acute is that I imagine what my son's last days must have been like, in isolation and alone, and that I believe I would still have him if he had not been placed in the situation he was," Mr. Roy wrote.
"I am neither a scientist, a sociologist, a criminologist, nor indeed an expert of any sort. I am just a parent who has to live with loss while believing my son's death was entirely preventable, if only he had not been placed in isolation."
The BC Civil Liberties Association and the John Howard Society of Canada sued the federal government in January, 2015, over the use of solitary. The two groups said Canada remained committed to a broken and dangerous system that increased inmates' suffering even as jurisdictions around the world scaled back its use.
The Globe and Mail has reported extensively on the prevalence and effects of solitary confinement, beginning with a 2014 investigation into the death by suicide of Edward Snowshoe after 162 days in a solitary cell.
The trial opened this week with a lawyer for the plaintiffs invoking the names of three people who took their lives in segregation units – Ashley Smith, Mr. Snowshoe and the younger Mr. Roy. The lawyer told B.C. Supreme Court that Canada's use of solitary confinement constitutes cruel and unusual punishment – and even torture – and provisions of the Corrections and Conditional Release Act should be declared unconstitutional.
A lawyer representing the federal government argued the act and the administration of the act comply with the Charter. He said administrative segregation is a necessary and appropriate tool.
In his affidavit, Mr. Roy said his son's struggles began at the age of about 30. He said his son had been working in the oil patch but began to abuse drugs and "eventually addiction overtook him." He said Christopher's marriage fell apart and he was largely unable to provide for his family, including his two daughters.
Mr. Roy said his son committed a break-and-enter offence in the fall of 2013 and was released on parole in March, 2015. But he was back in custody one month later and was in solitary from April to June of that year, when he took his life. He was 37.
Mr. Roy said he was heartbroken to learn what his son's experience in solitary had been – 23 hours a day in a small cell with no natural air or light.
The trial is scheduled to run for nine weeks, with the federal government expected to open its case in late July. Evidence has been heard in a similar case in Ontario, which will be formally argued in September.
Earlier Wednesday, the B.C. case heard testimony from Glenn Patterson, who served as the institutional elder at the Matsqui prison from 2009-14. Mr. Patterson said he assisted Aboriginal inmates through one-on-one counselling and cultural ceremonies.
He said he would visit the prison's segregation unit about once a week. Many of the men inside, he said, appeared sombre and some had lost hope.
Mr. Patterson shared the story of one prisoner who died by suicide in late 2009. He said the man, Kevin Stonechild, had been assaulted by other inmates and was moved to solitary confinement for his protection.
Mr. Patterson said he met with Mr. Stonechild on a Friday and could tell something was wrong. Mr. Stonechild mentioned family members who had died over the years and talked about how sad his life had become.
Mr. Patterson asked Mr. Stonechild if he was suicidal and was assured he was not. Nonetheless, Mr. Patterson urged correctional and health-care staff to keep a close eye on him.
Mr. Patterson said when he returned to the prison on Monday, Mr. Stonechild had hanged himself.