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

Just Posted

WATCH: Sparks fly as two people speak out during Oct. 12 North Matters event in Smithers

The First-Nations led pro-LNG community celebration took place Oct. 12 at Bovill Square

Judge reserves sentencing until Dec. 9 in Giesbrecht trial

Crown asks for 12-15 years of parole ineligibility

Advance voting in 2019 federal election begins

Voting at advance polling stations has become a popular choice in Canada over the years

‘The end of an era’: Town thanks Director of Finance Leslie Ford for 20 years of service

Ford first came onto the Town’s staff in 1999 as a Financial Administrator.

Vandals tag Telkwa

Several places in the Village were sprayed with graffiti over the weekend.

VIDEO: Langley woman’s security camera records its own theft

Langley family discovers early morning grab was recorded

Share crash data, private insurers tell David Eby, ICBC

B.C. monopoly makes drivers retrieve their own records

B.C. VIEWS: Wolf kill, not backcountry bans, saving caribou

B.C.’s largest herds turn the corner from extinction

Pearson nets shootout winner as Canucks clip Flyers 3-2

Vancouver picks up second straight home win

Map on Elections Canada website sends Nanaimo-Ladysmith voters to landfill

Address for polling station correct, but Google Map address differs

BC Children’s Hospital launches 2 new virtual care sites bringing total to 19 across province

Provincial initiative allows pediatric patients to see health specialists through video

‘Wham-bam out the door’: Surrey man’s front yard left ruined by scamming landscaper

Resident warns neighbours to be careful of door-to-door salesmen

PHOTOS: Kipchoge becomes first runner to dip under 2 hours for marathon

Olympic champion and world record holder from Kenya clocks 1 hour, 59 minutes and 40 seconds

Most Read