Lawsuit challenges internet ban in Canadian prisons

Federal government's policy seen as infringing on prisoners' 'right to freedom of expression'

- BRENDAN KENNEDY

A recent Star investigation showed how the lack of internet access in Canadian prisons has made it nearly impossible for prisoners to pursue college or university programs behind bars, despite significant evidence that taking these kinds of courses while incarcerated dramatically reduces the likelihood that a prisoner will reoffend.

The federal government's refusal to allow prisoners to use the internet effectively blocks access to postsecondary education behind bars, a new lawsuit alleges.

Noting how colleges and universities that once offered paper correspondence programs have shifted almost entirely online, the lawsuit by the John Howard Society and a prisoner serving a life sentence argues that the Correctional Service of Canada's internet ban - and "woefully inadequate" access to computers in general infringes prisoners' "fundamental right to freedom of expression," which includes the right to receive information.

It also argues that the internet ban and overall technological deprivation behind bars undermines the correctional service's mandate to prepare prisoners to successfully reintegrate in society.

"In 2024, if we want people to find work, to find housing, to lead stable and positive lives, they need internet access and basic digital skills," said lawyer Paul Quick, who is representing the John Howard Society and the prisoner. "If we take these things away, we take away opportunities for a law-abiding life." The lawsuit, which is not seeking any monetary compensation, asks the court to declare the current policy unconstitutional.