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

That’s a wrap: 55+ BC Games conclude

The ending ceremonies to the week-long games were Saturday at the Rotary Centre for the Arts

Update: Father calls for better drug recognition after 8-year-old overdoses at Kelowna school

Noah Mills ingested an unknown substance Wednesday but is recovering well

West Kelowna Warriors get 1st win of season

It was an 8-5 victory over the Langley Rivermen Friday night

Kelowna realtor pledges $10,000 and unicorn tattoo for Special Olympics charity

Darryl Reuter will get a unicorn tattoo if he raises his goal

VIDEO: Vancouver Island mayor details emergency response after fatal bus crash

Sharie Minions says she is ‘appalled’ by condition of road where bus crashed

UVic president offers condolences after two students killed in bus crash

‘We also grieve with those closest to these members of our campus community,’ Cassels says

Coming Home: Penticton fire chief and disaster dog return from hurricane-ravaged Bahamas

The pair spent roughly one week on Great Abaco Island assisting in relief efforts

World champion snowmobile racer seeks public’s help after dirt bikes were stolen in Penticton

The bikes, valued at $25,000 and $11,000, were stolen from the back of a locked truck on Sept. 12

Newcomer Ferland lines up with sniper Pettersson as Vancouver Canucks camp opens

Ferland provides more depth and a scoring threat up front, Pettersson says

Intelligence official charged seemed to be ‘exemplar of discretion’: UBC professor

Professor Paul Evans says he served on Cameron Ortis’s doctoral dissertation committee

Penticton teen cyclist allegedly struck by black Ford truck resulting in hematoma

The incident occurred at the intersection of Westminster Avenue West and Power Street

LyleXOX launches first solo exhibition at Liquidity Wines in OK Falls

The Canadian artist has amassed thousands of fans for his beautiful self-portraits using found items

EDITORIAL: This is our election

It is up to the voting public to identify the issues in the upcoming federal election

Most Read