Page - 378 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

VULNERABLE378 the Charter60 and Canadian  Human  Rights  Act61) stand out as a signifi- cant concern. In addition, the exposure of incarcerated people to a high risk of infection, as well as the prolonged isolation in a cell with no mental stimulation, may violate s. 7 (the right to life, liberty, and security of the person in accordance with the principles of fundamental justice)62 and s. 12 (right to be free from cruel and unusual punishment)63 Charter rights. At least two class actions have been filed by prison- ers against the federal government so far, as well as a human rights lawsuit.64 From a public health perspective, the government’s failure is devastating. First, allowing hot spots of infection to grow impedes the successful flattening of the curve and will likely prolong the life of the pandemic in the community.65 Second, incarcerated people are more likely to have severe complications from COVID-19 due to their pre-existing conditions, which in turn will be taxing on the health care systems. Third, the measures taken, in particular lockdowns and lack of communication with families, will negatively affect the mental health of incarcerated individuals, increasing the chances of a substance overdose and the frequency of self-harm incidents.66 This could bring about increased unrest in prisons, stretching health care resources, and negatively affecting prisoner health. Finally, COVID-19 may have severe and long-lasting consequences on health, especially 60. Charter  of  Human  Rights  and  Freedoms, s 7, Part I of the Constitution  Act,  1982,  being Schedule B to the Canada Act 1982  (UK), 1982, c 11 [Charter]. 61.  Canadian  Human  Rights  Act, RSC 1985, c H-6, s 15. 62. Charter, supra note 60, s 7. 63. Ibid, s 12. 64. Kim Bolan, “COVID-19: Inmate Suit Filed Against Federal Government over Mission Outbreak”, Vancouver Sun (24 April 2020), online: <perma.cc/MKS6- J7RY>; The Canadian Press, “Quebec Federal Inmate Files Application for COVID-19 Class Action”, The Star (21 April 2020), online: <perma.cc/5URR- JVVH>; Canadian Civil Liberties Association, Canadian Prison Law Association, “HIV & AIDS Legal Clinic Ontario, HIV Legal Network, and Sean Johnston v The Attorney General of Canada, Notice of Application” (12 May 2020), online: <documentcloud.adobe.com/link/review/?uri=urn%3Aaaid%3Ascds%3AUS%3 A191a51df-8da6-4757-a9ee-f1dca94f255e&pageNum=1>. 65. On hot spots of infection in other congregated living spaces and their con- sequences, see Martine Lagacé, Linda Garcia & Louise Bélanger-Hardy, Chapter D-2, this volume; Tess Sheldon & Ravi Malhotra, Chapter D-9, this vol- ume; Chandler et al, Chapter D-10, this volume. 66. Evidence is starting to emerge. See Canada, Office of the Correctional Investigator, supra note 36 at 4–5.