Posts Tagged ‘corrections’

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IN THE NATIONAL INTEREST(S)

Tuesday, April 2nd, 2019

“The national economic interest” is not to be considered by the prosecution in deciding whether a prosecutor may negotiate a remediation (deferred prosecution) agreement… the purposes of the remediation sections added to our Criminal Code? There are six, one being: “to reduce the negative consequences of the wrongdoing for persons – employees, customers, pensioners and others – who did not engage in the wrongdoing while holding responsible those who did …”

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End solitary confinement, says Ontario human rights commissioner in wake of Adam Capay case

Wednesday, February 27th, 2019

Solitary confinement continues to be overused in Ontario correctional facilities and should be phased out entirely, says one of the central figures responsible for drawing attention to the plight of Adam Capay, the 26-year-old Indigenous man who spent more than four years in isolation… [The (OHRC) Commissioner found]… details emerging from the Capay case “extremely troubling” and urging the government to end the practice of isolating prisoners for 22 or more hours a day.

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Canada Should Legalize All Recreational Drugs

Saturday, December 1st, 2018

We’ve spent billions of dollars to prosecute people for the possession of small amounts of drugs. 8 We’re doing our whole country a disservice. We’re locking away people’s talents and potential because we criminalize drug use.
Consider a society in which all drugs are legal; Under these conditions, the black market for drugs – and much of the associated violence, social harm and health risks – could be virtually eliminated… problematic use would actually decline, as would the negative consequences associated with criminalization.

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Beyond Gladue: How the Justice System Is Still Failing Indigenous Offenders

Monday, November 26th, 2018

The Gladue ruling was considered an important step toward reducing Indigenous incarceration rates and encouraging restorative approaches to justice traditionally used in Indigenous communities… Ontario recently added a key piece by adding Gladue “after-care” to the process, so offenders actually have help following through on the requirements of their sentence.

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Years after landmark case, some Ontario inmates with mental health issues still segregated for months at a time, ministry data dump reveals

Sunday, November 18th, 2018

Last month, the Ministry of Community Safety and Correctional Services quietly posted an unprecedented volume of data on 3,086 inmates who spent time in segregation in Ontario jails over a two-month period earlier this year. It was part of a five-year-old settlement in an Ontario human rights case… The bad news is nothing much has changed in five years. In fact, it has grown worse for people with mental illness

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Fixing solitary isn’t enough. Canada’s prisons need to be reformed top to bottom

Wednesday, November 7th, 2018

… progress on the issue of reducing solitary confinement is halting at best, in spite of heightened public attention… the broader question of getting Canada’s prison system back on its intended course – that is, rehabilitating convicted criminals and preparing them for their eventual and in most cases inevitable release – has not been addressed. The overuse of solitary confinement is, in fact, a symptom of a larger problem.

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Liberals unveil bill to end solitary confinement in federal prisons

Wednesday, October 17th, 2018

Bill C-83 would eliminate two forms of solitary confinement currently used in federal prisons – administrative segregation and disciplinary segregation – and replace them with specialized living units that would provide high-risk inmates at least four hours a day outside their cells and two hours a day of human interaction… judges in both B.C. and Ontario struck down pieces of the law governing solitary confinement in federal prisons.

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Ford’s aim way off on gun crime strategy

Tuesday, August 14th, 2018

Consider our experience with mandatory minimum sentences. Gun sentences have tripled since significantly harsher mandatory minimums were introduced for gun crimes in 2008, yet these sentences have had no discernible impact on stemming gun violence… In addition, blanket opposition to bail is morally unfair and legally unconstitutional. It is antithetical to a justice system predicated on treating each distinctive case on its own merits and context.

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Federal government urged to rein in mandatory minimum sentences

Wednesday, July 11th, 2018

“Crowns and judges alike… share the concern of the Criminal Lawyers’ Association that mandatory minimum sentences interfere with the ability of the parties to properly assess cases, properly exercise discretion and to resolve matters that should be resolved.” … “The proliferation of mandatory minimum penalties not only disproportionately impacts Indigenous peoples, but also harms us all by making Canada a harsher, more punitive country and by undermining our commitment to equality and the rule of law,”

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How the underfunding of legal aid is clogging up the justice system

Tuesday, July 10th, 2018

“It should be obvious to any outside observer that the income thresholds being used by Legal Aid Ontario do not bear any reasonable relationship to what constitutes poverty in this country”… With the heightened scrutiny on delays in the criminal justice system, which can lead to cases being tossed for violating an accused person’s right to be tried within a reasonable time, one area that experts have said warrants further attention is the chronic underfunding of legal aid.

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