A part of a federal law that kept a New Brunswick woman in a form of solitary confinement for 16 days on suspicion that she had concealed drugs inside her vagina was ruled unconstitutional by a Nova Scotia Supreme Court judge.
Today’s decision by Judge John Keith says that a section of the Corrections and Parole Act violates the protections of the Bill of Rights and Freedoms against discrimination on the basis of gender.
The judge, who heard the case a year ago in Truro, NS, gives Parliament six months to reform the law so that it no longer discriminates against women.
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Keith was specifically referring to a section of federal law that allows the practice of “dry cell,” in which inmates are placed in a cell without running water or toilets so that their human waste can be examined for hidden drugs.
Attorneys for the inmate, Lisa Adams, argued that the law was discriminatory because it was designed to detect substances hidden in the rectum and did not take into account that a substance suspected of being hidden in the vagina would not necessarily be expelled during detention.
The federal attorney general had admitted that Adams’ May 2020 dry cell at the Nova Institution for Women was illegal in his specific case, but had argued that expert testimony was required to prove a broader constitutional case.
Adams, who at the time of her trial was incarcerated for drug trafficking, was placed in segregation because prison officials believed she had hidden the drug methamphetamine in her vagina while she was out of the institution on probation.
The court has heard that he was given an ultimatum to either provide the drug or face an initial period of 14 days segregated and under observation.
According to the plaintiff’s original affidavit, Adams said she had no means to produce the drugs because they were not concealed in her body.
Her attorneys also noted during the original proceeding that Adams did not have the opportunity to have a formal process from the Correctional Service of Canada to physically examine her for drugs.
Rather, the decision says it was only after Adams spent 14 days in segregation that she was able to have a vaginal exam when she sought medical attention for other health reasons. The exam exonerated her, but Adams spent two more days in segregation.
Jessica Rose, an attorney for Adams, said her client suffered from mental illness due to her prolonged segregation under almost constant observation by prison staff, including observation while showering or attempting to go to the bathroom.
This Canadian Press report was first published on November 12, 2021.
© 2021 The Canadian Press
Reference-globalnews.ca