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

Castlegar council cameras and webcasting delayed

Original contract winner unable to fulfill contract

Wait’s News lives! Iconic Nelson diner to relocate

Wait’s will set up shop on Nelson Avenue later this year

Castlegar council sets limits on conference attendance

Councillors can only attend FCM conference once a term

Suspect in custody after Castlegar break and enters

RCMP reminding residents to look their doors.

Passenger counts still rising at West Kootenay Regional Airport

Reliability rates also on rise in second quarter.

3 dead, 2 missing in northern B.C: Here’s what we know so far

Lucas Fowler, 23, and his girlfriend, Chynna Deese, were shot and killed on July 14 or 15

Coroner investigating after body recovered from Okanagan Lake

Penticton fire department assisted the RCMP with the recovery of a body Saturday

Overdoses overwhelming in B.C. Interior

Part two: Who’s affected by the current opioid crisis

Kelowna cab driver charged with sexual assault

RCMP received a report May 28 alleging a taxi passenger had been sexually assaulted by a cab driver

Tubing world record broken on Vancouver Island

But record for length of tubes linked together still has to be confirmed

The Beaverton’s sharp satire thrives in polarized political climate

Canadian TV series’ third season to air Tuesday on CTV after “The Amazing Race Canada”

VIDEO: Young couple found dead in northern B.C. had been shot, police say

Chynna Noelle Deese of the U.S. and Lucas Robertson Fowler of Australia were found along Highway 97

VIDEO: Man found dead near B.C. teens’ truck could be linked to a double homicide

RCMP said they are looking for Kam McLeod, 19, and Bryer Schmegelsky, 18, of Port Alberni

Family of missing B.C. senior with dementia frustrated with situation, heartened by community support

Nine days since Grace was last seen the question remains: ‘How can an 86-year-old just disappear?’

Most Read