Bill S-205, also known as Tona’s Law, is proposed Canadian legislation aimed at eliminating the harmful use of solitary confinement in federal prisons, particularly through the use of Structured Intervention Units (SIUs). The bill emerged in response to the experiences of Tona Mills, an Indigenous woman who reportedly spent over a decade in isolation while incarcerated.
Tona’s Law seeks to strengthen protections for incarcerated individuals by introducing greater accountability and judicial oversight. One of the bill’s key proposals is that any inmate held in isolation for more than 48 hours would require authorization through an order from a superior court. This measure aims to prevent prolonged isolation without independent review.
The bill also places a strong emphasis on mental health. Individuals experiencing disabling mental health conditions would be transferred to an appropriate hospital or treatment facility rather than being kept in solitary confinement. Supporters argue that isolating vulnerable individuals for 22 hours or more a day can lead to severe psychological harm and may amount to cruel and unusual treatment.
Tona’s Law aligns with section 12 of the Canadian Charter of Rights and Freedoms, which protects individuals from cruel and unusual treatment or punishment. Advocates contend that prolonged isolation disproportionately harms already vulnerable populations, including Indigenous peoples, Black Canadians, and individuals with mental health challenges, who are often overrepresented in Canada’s correctional system.
The bill was introduced in the Senate by Senator Kim Pate and has received support from human rights advocates and prison reform organizations. As of May 2026, Bill S-205 has passed third reading in the Senate and is currently awaiting its first reading in the House of Commons.
DD
Leave a comment