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

State of local financial crisis declared in Fort St. James

The District will have a job fair on July 31 to help workers find transitioning jobs

Update: Severe thunderstorm watch upgraded to warning for Cariboo North including Quesnel

Potential for strong wind gusts, large hail and heavy rain in the afternoon

Northern B.C.’s Ridley coal terminal sold, Canada divests, First Nations to own portion

Ten per cent of shares transferred to the Lax Kw’alaams Band and the Metlakatla First Nation

Vanderhoof Clippers are working towards getting a booth rebuilt at the Arena

Terry Lazaruk, president of the club said they haven’t been able to host sanctioned meets due to the lack of a proper timing booth

Skeena mainstem closed to recreational sockeye

Escapements expected to be below 800,000 threshold

Joaquin ‘El Chapo’ Guzman sentenced to life in prison

Experts say he will likely wind up at the federal government’s Supermax prison in Florence, Colorado

Olympic softball qualifier gets $150K boost from provincial government

2019 Americas Qualifier to be held in Surrey from Aug. 25-Sept. 1

Gas price inquiry questions Trans Mountain capacity, company denies collusion

The first of up to four days of oral hearings in the inquiry continue in Vancouver

‘Benzos’ and fentanyl a deadly cocktail causing a growing concern on B.C. streets

Overdoses caused by benzodiazepines can’t be reversed with opioid-overdose antidote naloxone

Will you be celebrating national hotdog day with any of these crazy flavours?

The popularity of hotdogs spans generations, cultures

Former home of accused Penticton shooter vandalized

Ex-wife of man who is accused of murdering four people had her house vandalized

Survivor of near-drowning in B.C. lake viewing life through new eyes

“If I died that day, the baby wouldn’t know his dad,” said 31-year-old Mariano Santander-Melo.

‘Beyond the call’: Teen in police custody gets birthday surprise by B.C. Mountie

Unusual celebration started when Staff Sgt. Paul Vadik went to visit the teen in his Coquitlam cell

B.C. mom to go to Europe court in hopes of getting alleged abducted daughter back

Tasha Brown alleges her estranged wife abducted their daughter Kaydance Etchells in 2016

Most Read