Hands holding jail cell bars

Top B.C. court upholds ruling that struck down indefinite solitary confinement

Feds had appealed ruling in case brought by B.C. Civil Liberties Association, John Howard Society

B.C.’s Court of Appeal has upheld a lower court ruling that struck down Canada’s solitary confinement law.

The Appeal Court ruled unanimously that a law that allows for the prolonged and indefinite use of segregation in prison “offends the fundamental norms of a free and democratic society.”

The federal government appealed the B.C. Supreme Court’s ruling of the legal challenge brought by the B.C. Civil Liberties Association and the John Howard Society of Canada.

The Appeal Court allowed the appeal in part, saying that while the law should be struck down under section seven of the charter, it should not be struck down under section 15.

Section seven relates to the right to life, liberty and security of the person, while section 15 protects equality rights, in this case of mentally ill and Indigenous inmates.

Parliament passed a new solitary confinement law on Friday, but BCCLA executive director Josh Paterson says it still allows for inmates to be kept in cells the size of parking spaces for 22 hours or more a day.

The federal government did not immediately respond to a request for comment.

The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

PHOTOS: Hundreds demonstrate in Abbotsford for end to racism

Protest in city’s historic downtown was largest demonstration in recent memory

Mission School District’s 2020 graduation ceremony plans now in place

June grad for École Mission Senior Secondary, Fraserview Learning Centre, Riverside College

Hundreds fill Chilliwack streets for Black Lives Matter march

‘Canada has a problem too,’ reads at least one protester’s sign

IHIT names homicide victim found in the Fraser Canyon this week

Police asking for tips into the suspicious death of 29-year-old Alicia Berg

VIDEO: Homeless person struck by freight train in Abbotsford

Victim required airlift to hospital, Maclure Road shut down for hours

‘I’m pissed, I’m outraged’: Federal minister calls out police violence against Indigenous people

Indigenous Minister Marc Miller spoke on recent incidents, including fatal shooting of a B.C. woman

Facing changes together: Your community, your journalists

The importance of accurate, ethical reporting is critical – perhaps as never before

Kelowna Mountie who punched suspect identified, condemned by sister

‘How did he get away with this? How is this justifiable?’

PHOTOS: Anti-racism protesters gather in communities across B.C.

More protests are expected through the weekend

Pair accused of ‘horrific’ assault at Vancouver’s Oppenheimer Park at large

Police say Jason Tapp, 30, and Nicole Edwards, 33, did not show up to meet their bail supervisor this week

No charges to be laid against 22 northern B.C. pipeline protesters

Twenty-two people were arrested in February, but Crown has decided not to pursue charges

Plan in place for BC Ferries to start increasing service levels

Ferry corporation reaches temporary service level agreement with province

IHIT investigating ‘suspicious’ death of Surrey man

Officers found the body while on foot patrol: Surrey RCMP

Most Read