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Non-profit files class-action lawsuit against N.S. for unlawful use of jail lockdowns

The lawsuit by PATH Legal follows a Nova Scotia Supreme Court ruling on Jan. 15 that said it is illegal to confine inmates in their jail cells because of staffing shortages. Cells are seen during a media tour of renovations at the Central Nova Scotia Correctional Facility in Halifax on Tuesday, May 15, 2018. THE CANADIAN PRESS/Andrew Vaughan. AV/GAC

A non-profit law firm has applied for a class-action lawsuit against the Nova Scotia government for the province’s alleged unlawful use of lockdowns in jails.

The lawsuit by PATH Legal follows a Nova Scotia Supreme Court ruling on Jan. 12 that said it is illegal to confine inmates in their jail cells because of staffing shortages.

The application filed Monday with the Supreme Court of Nova Scotia says the basis for the action is the “inhumane” use of lockdowns and the severe, continuing damage they cause prisoners.

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The representative plaintiff is James Williams, who has been incarcerated at Central Nova Scotia Correctional Facility in Dartmouth, N.S., since September 2020.

He alleges he has spent about 75 per cent of his time in jail under lockdown because the facility doesn’t have enough staff to properly guard inmates.

As a result of the lockdowns he has had to repeatedly cancel visits with his family, which he says has affected his mental health.

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The lawsuit has yet to be certified as a class action, and a court date has not been set. None of the allegations have been tested in court, and the province’s attorney general did not immediately respond to a request for comment.

This report by The Canadian Press was first published March 6, 2024.

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