My client the Mental Health Legal Committee has returned to the Supreme Court of Canada as an Intervener in this very important case on Habeas Corpus. Grateful to have been part of the litigation at this level of the issue of the use of segregation in corrections, which is of course one of the most serious deprivations of liberty imaginable.
Our counsel team this time consisted of Dr. Ruby Dhand, Carter Martell and Cassandra DeMelo, who made out submissions for us, + moi!
So many great lawyers involved on this one – what a pleasure to hear submissions for the Appellant and the Interveners with a shared interest.
You can watch the archived webcast on the Court’s Case Information Page when it becomes available.
The MHLAC intervened in this case to make three main points – as excerpted from our Factum which is available on the SCC Case Information Page for this case.
PART I — OVERVIEW AND FACTS
- The Mental Health Legal Advocacy Coalition (“MHLAC”) is a national organization
advocating on behalf of persons with mental health issues, including prisoners and forensic
psychiatric detainees. The MHLAC’s intervention contributes their perspective, as the Court
considers the importance of the availability of habeas corpus and declaratory relief in the context
of operational or policy decisions, which further restrict the residual liberty of vulnerable
incarcerated populations.
- PART II — POSITION ON QUESTIONS IN ISSUE
- PART II — POSITION ON QUESTIONS IN ISSUE
- The MHLAC intervenes to make submissions on the following question in issue:
(1) Is placement in solitary confinement based on an operational or policy decision that
affects other prisoners reviewable by way of habeas corpus? - The MHLAC’s position is that:
(1) Incarceration and segregation are disproportionately harmful for prisoners with serious
mental health issues, as segregation exacerbates pre-existing mental health symptoms
and may cause mental health disturbances for otherwise stable individuals.
(2) Access to habeas corpus is critically important for incarcerated individuals with serious
mental health issues, even more acutely so for those who are in solitary confinement,
and especially where decisions to segregate prisoners may be classed as “operational”
or “policy” decisions.
(3) Declaratory relief in conjunction with habeas corpus for prisoners in solitary
confinement who experience serious mental health issues is an important individual
remedy that can have systemic impact, particularly in the face of institutional resistance
to alleviating liberty-restrictions based in “operational” or “policy” decisions
You can learn more about the case here:
41801
Durrell Diggs, et al. v. Attorney General of Nova Scotia, et al.
(Nova Scotia) (Civil) (By Leave)
The Court’s Summary
Applicants Durrell Diggs and Ryan Taylor Wilband were both inmates on remand at the Central Nova Scotia Correctional Facility. At the relevant time, the facility was suffering staffing shortages which resulted in rotational lockdowns of inmates. The applicants brought habeas corpus applications arguing that the rotational lockdowns unlawfully deprived them of their residual liberty.
The application judge declared that the lockdowns were unlawful. The respondent Attorney General of Nova Scotia appealed. The Nova Scotia Court of Appeal allowed the appeals and set the declarations aside.
Lower court rulings
January 12, 2024
Supreme Court of Nova Scotia
Declaration, lockdowns unlawful
March 13, 2025
Nova Scotia Court of Appeal
Appeals allowed, declarations set aside
My LinkedIn Post summarizes the day.
Today I had the privilege of watching so many talented lawyers address the Supreme Court of Canada | Cour suprême du Canada on the important issue of habeas corpus where segregation of individuals with serious mental health issues is concerned in Durrell Diggs v AG(NS).
Congratulations to counsel to the Appellants Benjamin Perryman and Hanna Garson for their compelling submissions.
So many talented intervener counsel made impassioned submissions as well. Too many to mention but including Jessica Orkin Adriel Weaver @Simon Borys @Kate Mitchell Sarah Rankin Amy Matychuk and on our team Carter Martell and Cassandra DeMelo who made our submssions for our client the Mental Health Legal Advocacy Coalition.
