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Bill 53, Dignity and Mental Health in Jails Act, 2025

Collard, Lucille

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First Reading Ordered for Second Reading

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Bill 53 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Correctional Services and Reintegration

Act, 2018 and the Ministry of Correctional Services

Act with respect to the humane treatment of inmates and ending solitary

confinement.

Currently,

the Ministry of Correctional Services Act governs

correctional institutions in Ontario. However, the Correctional

Services and Reintegration Act, 2018 would, if brought into force, enact

new provisions governing correctional institutions. Both Acts are amended by

the Bill to account for the possibility of either of them being in force.

The

Bill requires new and renovated or expanded correctional institutions to have at

least 20 percent of inmate beds be in a mental health support unit.

The

Bill also prohibits any cruel, inhumane or degrading treatment or punishment.

It prohibits holding an inmate under overly rigorous physical constraints or

surveillance. It prohibits sensory deprivation or disorientation and

punishments that withdraw things necessary for good health. It requires the

superintendent to ensure the Canadian Charter of Rights

and Freedoms is complied with. Violation of these rules is an offence.

Finally,

the Bill prohibits the practice of segregation, which is any type of custody

where an inmate is highly restricted in movement and association with others

for 22 hours or more a day. It requires an Independent Review Panel to review

cases of inmates held in restrictive confinement, which is a form of custody

where inmates are highly restricted in movement and association but in a manner

that is not sufficient to meet the definition of segregation.

Bill 53 2025

Act to amend the Correctional Services and Reintegration Act, 2018 and the Ministry

of Correctional Services Act with respect to conditions in correctional

institutions

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Correctional

Services and Reintegration Act, 2018

Section 2 of the Correctional Services and Reintegration

Act, 2018 is amended by adding the following definition:

“mental

health support unit” means a unit in a correctional institution that is designated

for, and equipped to provide, mental health care to inmates; (“unité de soutien

en santé mentale”)

Paragraph 1 of subsection 4 (6) of the Act is repealed.

(1) Sub-subclause 13 (1) (a) (i) (

B) of the Act is amended by

striking out “segregation and”.

(2) Subclause

13 (1) (b) (ii) of the Act is repealed.

(1) Clause 14 (2) (

b) of the Act is repealed.

(2) Clause

14 (4) (

b) of the Act is repealed.

Section 15 of the Act is amended by adding the following subsections:

Restriction

(2.1) The

Lieutenant Governor in Council shall not make an order establishing a

correctional institution unless at least 20 per cent, or such larger percentage

as may be prescribed, of the inmate beds in the correctional institution will

be in a mental health support unit.

Renovation

or expansion

(2.2) The

Minister shall ensure that any renovation or expansion of an existing

correctional institution will move the institution closer to having 20 per

cent, or such larger percentage as may be prescribed, of its inmate beds in a

mental health support unit.

Regulations

(2.3) The

regulations may increase the required percentage of inmate beds that must be in

a mental health support unit for specified institutions.

(1) Subsection 21 (3) of the Act is repealed and the following

substituted:

Duties

(3) The

superintendent shall,

(

a) receive

into the institution every person delivered under lawful authority for

detention in the institution;

(

b) be

responsible for the custody and supervision of such person until their term of

imprisonment is completed or until the person is transferred or otherwise

discharged in due course of law; and

(

c) ensure

that such person is treated in compliance with the Canadian

Charter of Rights and Freedoms .

(2) Section

21 of the Act is amended by adding the following subsection:

Offence

(7) Every

person who contravenes clause (3) (

c) is guilty of an offence and on conviction

is liable to a fine of not more than $100,000 or imprisonment for a term of not

more than two years, or both.

Subsection 42 (2) of the Act is repealed.

Section 49 of the Act is repealed and the following substituted:

Cruel

or inhumane treatment or punishment prohibited

(1) No

person shall administer, instigate, consent to or acquiesce in any cruel,

inhumane or degrading treatment or punishment of an inmate.

Specific

types of treatment or punishment

(2) No

person shall administer or instigate any of the following treatments or

punishments of an inmate, regardless of whether the treatment or punishment

would constitute cruel, inhumane or degrading treatment or punishment:

1. Holding

the inmate in physical circumstances that are more rigorous than is reasonably

necessary to protect their safety or the safety of others.

2. Subjecting

the inmate to surveillance that is more rigorous than is reasonably necessary

to protect their safety or the safety of others.

3. Subjecting

an inmate to sensory deprivation or disorientation.

4. Punishing

the inmate by depriving them of food, exercise, periodic human contact or

access to medical observation and treatment.

Offence

(3) Every

person who contravenes subsection (1) or (2) is guilty of an offence and on

conviction is liable to a fine of not more than $100,000 or imprisonment for a

term of not more than two years, or both.

Section 65 of the Act is repealed and the following substituted:

Conditions

of segregation and restrictive confinement

Prohibition

on segregation

(1) The

superintendent shall ensure that no inmate is held in conditions that

constitute segregation.

Restrictive

confinement

(2) Inmates

held in conditions that constitute restrictive confinement retain all rights

and privileges of inmates in general population housing except those that can

only be enjoyed in association with other inmates and those that cannot be

enjoyed due to security requirements or the imposition of disciplinary measures

under this Act.

Programs

and services

(3) Inmates

held in conditions that constitute restrictive confinement shall be given

access to all programs and services individually or as a group, adapted to the

circumstances to the least restrictive extent reasonable and necessary for the

security of the correctional institution and the safety of persons.

Sections 66 to 71 of the Act are repealed.

Subclause 72 (a) (

i) of the Act is repealed.

Sections 73 to 75 of the Act are repealed.

Section 76 of the Act is repealed and the following substituted:

Conditions

of confinement review and recommendations

An Independent

Review Panel shall,

(

a) review,

in accordance with the regulations, the cases of inmates who are held in conditions

that constitute restrictive confinement; and

(

b) make

recommendations concerning those inmates to the superintendent, including

recommendations in relation to an inmate’s conditions of confinement.

Paragraph 3 of subsection 79 (1) of the Act is repealed and the following

substituted:

3. No

person shall impose conditions that constitute segregation on an inmate.

(1) Paragraph 1 of subsection 84 (2) of the Act is repealed.

(2) Subsection

84 (3) of the Act is repealed.

Subsection 104 (9) of the Act is repealed and the following substituted:

Plan

(9) Every

superintendent of a correctional institution shall develop and implement a plan

to ensure that lockdowns instituted in accordance with this

section do not

require the imposition of conditions that constitute segregation.

Clause 122 (2) (

e) of the Act is amended by striking out “segregation”.

(1) Paragraphs 22, 23, 24, 25, 27, 30, 31 and 35 of subsection 156

(1) of the Act are repealed.

(2) Paragraph

72 of subsection 156 (1) of the Act is amended by adding “or the Dignity and Mental Health in Jails Act, 2025 ” at the end.

Section 157 of the Act is amended by striking out “segregation or”.

Ministry

of Correctional Services Act

Section 1 of the Ministry of Correctional Services Act

is amended by adding the following

definitions:

“mental

health support unit” means a unit in a correctional institution that is

designated for, and equipped to provide, mental health care to inmates; (“unité

de soutien en santé mentale”)

“restrictive

confinement” means, subject to the regulations, any type of custody where an

inmate is highly restricted in movement and association with others for a

period of time that is longer than the standard in general population housing

in the correctional institution, but that is not sufficient to meet the

definition of segregation; (“détention restrictive”)

“segregation”

means any type of custody where an inmate is highly restricted in movement and

association with others for 22 hours or more a day. (“isolement”)

Part II of the Act is amended by adding the following section:

Prohibited

treatment or punishment

Cruel,

inhumane, degrading

13.1

(1) No

person shall administer or instigate any cruel, inhumane or degrading treatment

or punishment of an inmate.

Specific

types of treatment or punishment

(2) No

person shall administer or instigate any of the following treatments or

punishments of an inmate, regardless of whether the treatment or punishment

would constitute cruel, inhumane or degrading treatment or punishment:

1. Holding

the inmate in physical circumstances that are more rigorous than is reasonably

necessary to protect their safety or the safety of others.

2. Subjecting

the inmate to surveillance that is more rigorous than is reasonably necessary

to protect their safety or the safety of others.

3. Subjecting

an inmate to sensory deprivation or disorientation.

4. Punishing

the inmate by depriving them of food, exercise, periodic human contact or

access to medical observation and treatment.

Offence

(3) Every

person who contravenes subsection (1) or (2) is guilty of an offence and on

conviction is liable to a fine of not more than $100,000 or imprisonment for a

term of not more than two years, or both.

Section 14 of the Act is amended by adding the following subsections:

Restriction

(2.1) The

Lieutenant Governor in Council shall not make an order establishing a

correctional institution unless at least 20 per cent, or such larger percentage

as may be prescribed, of the inmate beds in the correctional institution will

be in a mental health support unit.

Renovation

or expansion

(2.2) The

Minister shall ensure that any renovation or expansion of an existing

correctional institution will move the institution closer to having 20 per

cent, or such larger percentage as may be prescribed, of its inmate beds in a

mental health support unit.

Regulations

(2.3) The

regulations may increase the required percentage of inmate beds that must be in

a mental health support unit for specified institutions.

(1) Subsection 20 (2) of the Act is repealed and the following

substituted:

Duties

(2) The

superintendent shall,

(

a) receive

into the institution every person delivered under lawful authority for

detention in the institution;

(

b) be

responsible for the custody and supervision of such person until their term of

imprisonment is completed or until the person is transferred or otherwise

discharged in due course of law; and

(

c) ensure

that such person is treated in compliance with the Canadian

Charter of Rights and Freedoms .

(2) Section

20 of the Act is amended by adding the following subsection:

Offence

(6) Every

person who contravenes clause (2) (

c) is guilty of an offence and on conviction

is liable to a fine of not more than $100,000 or imprisonment for a term of not

more than two years, or both.

The Act is amended by adding the following Part:

PART II.1

SEGREGATION AND RESTRICTIVE CONFINEMENT

Segregation

and restrictive confinement

Prohibition

on segregation

30.1

(1) The

superintendent shall ensure that no inmate is held in conditions that

constitute segregation.

Restrictive

confinement

(2) Inmates

held in conditions that constitute restrictive confinement retain all rights

and privileges of inmates in general population housing except those that can

only be enjoyed in association with other inmates and those that cannot be

enjoyed due to security requirements or the imposition of disciplinary measures

under this Act.

Programs

and services

(3) Inmates

held in conditions that constitute restrictive confinement shall be given

access to all programs and services individually or as a group, adapted to the

circumstances to the least restrictive extent reasonable and necessary for the

security of the correctional institution and the safety of persons.

Conditions

of confinement review and recommendations

30.2 An Independent Review

Panel shall,

(

a) review,

in accordance with the regulations, the cases of inmates who are held in

conditions that constitute restrictive confinement; and

(

b) make

recommendations concerning those inmates to the superintendent, including

recommendations in relation to an inmate’s conditions of confinement.

Subsection 60 (1) of the Act is amended by adding the following clauses:

(a.1) clarifying

the definition of restrictive confinement for the purposes of this Act;

(a.2) prescribing

the required percentage of inmate beds that must be in a mental health support

unit for the purposes of subsections 14 (2.1) and (2.2);

. . . .

(

m) governing

the quorum and composition of Independent Review Panels;

(

n) governing

the review process referred to in

section 30.2;

. . . .

(

w) prescribing

any other matter that this Act requires to be prescribed or refers to as being

prescribed;

(

x) providing

for any transitional matter that the Lieutenant Governor in Council considers

necessary or advisable in connection with the implementation of the amendments

made by the Dignity and Mental Health in Jails Act, 2025 .

Commencement

(1) Except as otherwise provided in this section, this Act comes

into force on the day it receives Royal Assent.

(2) Sections

1 to 19 come into force on the later of the day

section 1 of

Schedule 2 to the Correctional Services Transformation Act, 2018 comes into

force and the day this Act receives Royal Assent.

(3) Sections

20 to 25 come into force on the day that is six months after the day this Act

receives Royal Assent.

Short

title

The

short title of this Act is the Dignity and Mental

Health in Jails Act, 2025 .

Date Bill stage Event Outcome Committee

June 5, 2025

First Reading

Ordered for Second Reading

June 5, 2025

First Reading

Vote

Carried

First Reading

June 5, 2025

Carried

Ordered for Second Reading