RCMP officers search the property surrounding an apartment building where six people died in a mulitple homicide in Surrey, B.C. Wednesday, Oct. 24, 2007.Jonathan Hayward/The Canadian Press
Two men who were convicted in the gangland killings of six people, including two innocent victims, are suing the province over alleged mistreatment in jail – including long stretches of time in solitary confinement.
Cody Haevischer and Matthew Johnston were each convicted last year of six charges of first-degree murder and one of conspiracy for the killings in an apartment in Surrey, B.C. They are appealing those convictions.
The two men are now also suing the province over how they were treated before they were convicted, alleging they each spent more than one year in solitary confinement – also known as segregation – and were put in cells that were covered in blood, mucus and feces. The lawsuits are the latest in a flurry of prisoners' rights cases filed in B.C. in recent months.
The lawsuits come amid heightened concerns over solitary confinement across the country. The Globe and Mail has reported extensively on problems connected with the practice, including the suicide of Eddie Snowshoe in prison after 162 straight days in segregation. Mr. Snowshoe's story prompted opposition parties and Canada's correctional investigator to urge the federal government to limit use of solitary confinement, as jurisdictions around the world have done.
Tonia Grace, the lawyer for Mr. Haevischer and Mr. Johnston, said on Thursday the cases are about "shocking and horrendous prison conditions deliberately and unlawfully inflicted upon individuals, presumed in law to be innocent, by government officials."
The allegations in the lawsuits have not been proven.
A B.C. Ministry of Justice spokesperson said in a statement that the government had not yet seen the notices of civil claim and would respond through the appropriate court process.
The spokesperson added that "B.C. Corrections has the authority to separately confine individuals if they are believed to be a danger to themselves or others, are at risk of harm if not separated, or are a risk to the safe management, operation and security of the correction centre."
In his lawsuit, Mr. Haevischer says he was put in solitary confinement upon arrival at Surrey Pretrial Centre in April, 2009.
He says he was allowed out of his cell for about one hour a day. The lawsuit says he was not initially permitted to have visits or telephone calls with anyone other than his lawyer. He did not speak to his daughter for more than two months after his arrest, according to the suit.
Mr. Haevischer was transferred from Surrey Pretrial to Vancouver Island Regional Correctional Centre in late July, 2009. He was again placed in segregation. The lawsuit says Mr. Haevischer had no behavioural problems and should have been in the jail's general population.
The lawsuit says he experienced high anxiety, stress and insomnia. It says B.C. Corrections violated its own policies by keeping him in segregation and was acting at the direction of the RCMP.
Mr. Johnston's lawsuit says he was in Fraser Regional Correctional Centre for breach of probation for a driving offence when he was charged in the Surrey Six case. The lawsuit says he was placed in solitary shortly before charges were laid.
The lawsuit says Mr. Johnston did not receive any warnings about his behaviour when he was in general population at Fraser Regional.
His lawsuit says he, too, was allowed out of his cell for only an hour a day. It also says the window in his cell was painted black "to ensure he could not communicate with anyone" and, as a result, no natural light came in. The paint was removed after a complaint to the province's investigation and standards office.
Mr. Johnston was transferred to Surrey Pretrial in November, 2009, where he was placed in solitary confinement.
His lawsuit says he lost weight, and developed insomnia and high blood pressure as a result of his time in segregation. It says he was prescribed medication for his "mental health difficulties" in July. However, the lawsuit says his mental health continued to decline.
Mr. Haevischer and Mr. Johnston were released from solitary in June, 2010, after a B.C. Supreme Court judge ruled in favour of a petition by another defendant in the case, Jamie Bacon. The lawsuits say many of the complaints Mr. Bacon raised about his treatment in jail also apply to Mr. Haevischer and Mr. Johnston, including restrictions on visits and phone calls, and interference with mail. The judge found Mr. Bacon, who is still awaiting trial, was arbitrarily placed in solitary confinement.
The B.C. Civil Liberties Association and the John Howard Society of Canada sued the federal government in January, arguing that use of solitary confinement is unconstitutional.
Earlier this month, three men sued the province, arguing that the B.C. Corrections disciplinary process is unfair and slow. One of the men alleged he was placed in solitary for a week as punishment for cutting himself.