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The Ontario Court of Appeal has upheld a decision preventing an HIV positive prisoner who had unprotected sex in jail from having a cellmate.
Steven Boone has been seeking to be allowed to share a cell after spending more than a year alone in segregation at the Ottawa-Carleton Detention Centre.
But the jail denied the request, leading him to ask a judge in January to order the jail to overturn the order, which he argued violated his human rights.
When the judge dismissed Boone’s application, he appealed.
On Thursday, Ontario’s top court found Boone’s continued detention in segregation was lawful, and that alternatives offered by the jail to allow him to socialize with other prisoners and rejected by Boone were “entirely reasonable.”
Boone, 32, was convicted last year of three counts of attempted murder for trying to kill unsuspecting sex partners by not disclosing or lying about his HIV-positive status. He was also convicted of other charges, including three counts of aggravated sexual assault and two counts of administering a noxious substance, his semen.
Boone’s request to be removed from segregation was first denied when a Superior Court justice concluded Boone was a “highly manipulative character” and the segregation was “lawful and necessary in the circumstances to ensure the safety of other inmates.”
“If the applicant is placed with a cellmate there is a very high risk that the applicant will manipulate the cellmate into having sexual intercourse and a high risk that this cellmate would contact HIV,” the judge ruled.
The ruling came even though the judge determined the jail didn’t fully comply with the principles of natural justice and procedural fairness by giving Boone a chance to argue his side of it and didn’t give him clear or detailed reasons about why he remained in segregation every five days, as they were required to do.
The segregation lockup came after jail officials learned Boone had been in a consensual sexual relationship with another male inmate. The relationship has since ended, but the decision was made to keep Boone in segregation.
Jail officials suspected Boone wants a cellmate for sexual purposes; Boone insisted he needs someone to talk to and play board games with.
Boone’s lawyer argued the reason Boone was in segregation was because of the fear he would transmit HIV. That would mean every prisoner with HIV would need to be locked up, which would be a human rights violation, the lawyer argued.
Boone’s risk of infecting anyone was practically zero since he had been taking his medication and his viral load is undetectable, his lawyer added.
The jail said Boone isn’t being targeted because he has HIV or because of his sexual orientation, but because of his sexually manipulative behaviour. That included writing a threatening letter to the inmate he had been in a relationship with after it was broken off.
Boone also requested he be allowed to room with another inmate he said was a cousin and that he was not sexually attracted to, but that inmate said he didn’t know Boone and wasn’t related to him.
A sexually explicit letter penned by Boone to the inmate was later found.
查看原文...
Steven Boone has been seeking to be allowed to share a cell after spending more than a year alone in segregation at the Ottawa-Carleton Detention Centre.
But the jail denied the request, leading him to ask a judge in January to order the jail to overturn the order, which he argued violated his human rights.
When the judge dismissed Boone’s application, he appealed.
On Thursday, Ontario’s top court found Boone’s continued detention in segregation was lawful, and that alternatives offered by the jail to allow him to socialize with other prisoners and rejected by Boone were “entirely reasonable.”
Boone, 32, was convicted last year of three counts of attempted murder for trying to kill unsuspecting sex partners by not disclosing or lying about his HIV-positive status. He was also convicted of other charges, including three counts of aggravated sexual assault and two counts of administering a noxious substance, his semen.
Boone’s request to be removed from segregation was first denied when a Superior Court justice concluded Boone was a “highly manipulative character” and the segregation was “lawful and necessary in the circumstances to ensure the safety of other inmates.”
“If the applicant is placed with a cellmate there is a very high risk that the applicant will manipulate the cellmate into having sexual intercourse and a high risk that this cellmate would contact HIV,” the judge ruled.
The ruling came even though the judge determined the jail didn’t fully comply with the principles of natural justice and procedural fairness by giving Boone a chance to argue his side of it and didn’t give him clear or detailed reasons about why he remained in segregation every five days, as they were required to do.
The segregation lockup came after jail officials learned Boone had been in a consensual sexual relationship with another male inmate. The relationship has since ended, but the decision was made to keep Boone in segregation.
Jail officials suspected Boone wants a cellmate for sexual purposes; Boone insisted he needs someone to talk to and play board games with.
Boone’s lawyer argued the reason Boone was in segregation was because of the fear he would transmit HIV. That would mean every prisoner with HIV would need to be locked up, which would be a human rights violation, the lawyer argued.
Boone’s risk of infecting anyone was practically zero since he had been taking his medication and his viral load is undetectable, his lawyer added.
The jail said Boone isn’t being targeted because he has HIV or because of his sexual orientation, but because of his sexually manipulative behaviour. That included writing a threatening letter to the inmate he had been in a relationship with after it was broken off.
Boone also requested he be allowed to room with another inmate he said was a cousin and that he was not sexually attracted to, but that inmate said he didn’t know Boone and wasn’t related to him.
A sexually explicit letter penned by Boone to the inmate was later found.
查看原文...
