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

Crews called to overnight fire in Ellison

Kelowna Fire first received the call around 9:55 p.m.

Kelowna RCMP make arrest in fatal stabbing of 16-year-old Elijah Beauregard

An 18-year-old woman is in police custody facing a manslughter charge.

Kelowna Firefighters douse suspicious hedge fire

A 30’ section of cedar hedge burned prompting an RCMP investigation.

West Kelowna director nominated for Juno Award

Johnny Jansen directed B.C. band Said the Whale’s ‘Record Shop’ video

West Kelowna Warriors edge Vernon Vipers 6-4

The teams meet again on Saturday, Feb. 22 at 6 p.m. for the final game of regular season

VIDEO: 2020 BC Winter Games wrap up in Fort St. John as torch passes to Maple Ridge

More than 1,000 athletes competed in the 2020 BC Winter Games

First win, fifth win highlight BC Senior Curling finals

Donna Mychaluk wins first title after finishing second five times; Wes Craig takes fifth crown

Still six cases of COVID-19 in B.C. despite reports of Air Canada passenger: ministry

Health ministry wouldn’t comment on specific flight routes

Violent ends to past Indigenous protests haunt Trudeau government

Trudeau adopted a more assertive tone Friday, insisting the barricade must come down

HIGHLIGHTS: Day one and two at the 2020 BC Winter Games

Athletes had sunny – but cold – weather to work with in Fort St. John

BC Senior Curling titles to be decided in Vernon

Wes Craig, Penny Shantz looking for fifth championships; Steve Wright, Donna Mychaluk into finals

B.C. money laundering inquiry to begin amid hopes for answers, accountability

Eby argued that most B.C. residents already know the previous government, at best, turned a blind eye

Most Read