Appeal Court finds prison lockdowns not ‘cruel and unusual’ punishment
TORONTO — A judge’s finding that numerous prison lockdowns amounted to cruel and unusual treatment for two detainees was overturned Wednesday along with the $85,000 in damages he had awarded them.
In its ruling, Ontario’s top court found the lower court judge had overstated the frequency, duration and impact of the lockdowns affecting Jamil Ogiamien and Huy Nguyen during their detention at the maximum security Maplehurst Correctional Complex in Milton, Ont.
“The lockdowns affecting Ogiamien and Nguyen occurred about half as frequently as found by the application judge,” the Appeal Court said. “In some instances, (they) were of a shorter duration and had less of an impact.”
In May 2016, Superior Court Justice Douglas Gray awarded $60,000 to Ogiamien, 46, a Nigerian facing deportation, and another $25,000 to Nguyen, who was awaiting trial on firearms charges.