A judge has ordered corrections officials to improve their procedures for holding prisoners in what's known as enhanced supervision placement.
The decision of B.C. Supreme Court Justice Kenneth Affleck comes after a female prisoner at the Prince George Regional Correctional Centre complained that she was unfairly dealt with by the prison.
Teresa Charlie, 24, who is awaiting sentencing after she was found guilty earlier this month of being an accessory after the fact to murder in the 2012 death of Fribjon Bjornson, was put in enhanced supervision after officials alleged she had bullied and physically assaulted other prisoners.
Charlie claimed that ESP, which is a category of placement in a prison that is below separate confinement and segregation, was akin to segregation given that she was permitted out of her cell for a maximum of three hours each day, which she spent alone.
She argued that correctional centre staff had failed to provide adequate reasons for her classification to ESP, leaving her with no effective opportunity to dispute the placement.
Charlie was initially remanded into custody at the Prince George prison on Nov. 18, 2013, and has been transferred a number of times to and from the Alouette Correctional Centre for Women. She is currently in the Prince George jail.
Court heard that in both prisons there have been numerous reported incidents involving alleged bullying and disruptive behaviour by her, including physical assaults, resulting in her being placed in ESP from time to time.
Prison officials argued that Charlie was no longer in ESP and therefore the issue of whether to remove her from ESP was moot.
In his ruling, the judge said he was satisfied that Charlie was no longer in ESP and therefore an order to remove her from ESP would have no immediate practical effect and was therefore moot.
But the judge said he was satisfied that there was a significant prospect that given her history while on remand, a decision would probably be made in the future to put her back in ESP .
"I am also satisfied that Ms. Charlie and other inmates who are classified to ESP are entitled to the benefit of procedural fairness when prison authorities further restrict their residual liberty," said the judge.
"The common law principles that govern the obligation of procedural fairness in that context have not previously been applied to the ESP classification. I am therefore loath to leave the law in that regard in a continuing state of uncertainty."
The judge directed that if an "on the spot" decision is made to put an inmate in ESP, as soon as practicable after that decision, the inmate must be given written reasons.
Furthermore, the written reasons must give an inmate an adequate basis on which to challenge the decision, said the judge.
