by Web Master | Jul 23, 2024 | News, News Releases
For Immediate Release
Ottawa, ON (unceded Anishinabe Algonquin Territory) – Prisoners’ Legal Services (PLS) is thrilled by the Supreme Court of Canada’s decision in Canada (Attorney General) v. Power, which confirms that governments aren’t protected from compensating people when they violate Charter rights by passing unconstitutional laws. The majority in this decision confirmed that Charter damages may be available when a law is clearly unconstitutional, enacted in bad faith, or an abuse of power.
This case concerned legislation that retroactively made certain people, including Mr. Power, permanently ineligible for a criminal record suspension (a pardon). Courts decided that these laws violated the Charter. Mr. Power then applied for Charter damages for the breach of his rights caused by these laws. The majority of the Supreme Court confirmed that Mr. Power could apply for Charter damages in this case.
PLS intervened at the Supreme Court, and argued that giving law makers absolute immunity from Charter damages for passing unconstitutional laws would reduce access to justice for incarcerated people and would leave them without meaningful remedies when their constitutional rights are violated.
Alexa Biscaro, of Counsel at Norton Rose Fulbright, says: “This is a critical decision that reaffirms the rule of law in Canada and the supremacy of the Canadian Charter. Ensuring that legislatures can be held to account for enacting clearly unconstitutional laws, or doing so in bad faith or through an abuse of power, brings us one step closer to the full recognition and protection of the rights of people in prison.”
Jessica Magonet, staff lawyer for PLS, says: “People in prison are frequently harmed by laws that violate the Charter, including the administrative segregation law, which authorized prolonged solitary confinement. We are very excited by the Supreme Court’s ruling in the Power case, which will help ensure that incarcerated people can be compensated for the harms caused by unconstitutional laws.”
PLS was represented in this matter by Alexa Biscaro and Sarah Ivany of Norton Rose Fulbright Canada.
by Web Master | Jun 10, 2024 | News, News Articles
Burnaby, BC (Unceded Coast Salish territories) – From June 10-14, 2024, the Canadian Human Rights Tribunal will hear expert testimony in the case of Nick Dinardo (they/them). Mx. Dinardo is a formerly incarcerated Two-Spirit and transfeminine member of the Piapot First Nation challenging the violence and abuse they experienced in federal prisons. In their human rights case, they argue that Correctional Service Canada (CSC) discriminated against them on the basis of Indigenous identity, gender identity, religion and disability.
While Mx. Dinardo was in prison, they spent extended periods in extreme isolation and correctional officers used violent force against them over 45 times. Officers broke their arm, pepper sprayed them when they self-harmed, and shot them with a rubber bullet in the face. Further, Mx. Dinardo faced significant harassment and abuse as a transfeminine person incarcerated in prisons designated for men. CSC repeatedly refused Mx. Dinardo’s requests to transfer to prisons designated for women.
From June 10-14, the Tribunal will hear from Mx. Dinardo’s experts. Dr. Kai Pyle will provide evidence about Two-Spirit identity and the oppression faced by Two-Spirit people. Dr. William Hébert will provide evidence about the implementation of policy impacting gender diverse people in prison. Dr. Terry Kupers is a psychiatrist who will provide evidence about the impacts of use of force, self-harm, and isolation in prison.
Jennifer Metcalfe, Executive Director of Prisoners’ Legal Services (PLS), says: “We hope this case will draw attention to the systemic discrimination gender diverse people and people with disabilities experience in prison and will result in remedies that prevent the kind of abuses Mx. Dinardo has suffered.”
For details on how to observe the virtual hearing, please contact the Tribunal:
https://www.chrt-tcdp.gc.ca/en/human-rights/human-rights-public-hearings
Mx. Dinardo is represented by David Taylor, Christopher Trivisonno, and Maritza Woel of Conway Baxter Wilson LLP and Jessica Magonet of PLS.
You can read Mx. Dinardo’s human rights complaints here and here.
Media Contacts:
by Web Master | May 15, 2024 | News, News Releases
Unceded Coast Salish Territories (Burnaby, British Columbia) – Today, Prisoners’ Legal Services (PLS) announces that the Federal Court has cancelled a decision finding one of its clients, who is Deaf and Indigenous, guilty of a serious disciplinary offence.
The client was given an institutional charge by Correctional Service Canada (CSC) for refusing to provide a urine sample for the purposes of random urinalysis. No American Sign Language (ASL) interpreter was present when the urine sample was requested or when he was charged. At the prison disciplinary hearing, the client explained that he was unable to provide a sample because he was on hunger strike to protest the discrimination faced by Deaf people in prison. He was found guilty of this disciplinary offence in serious court.
PLS filed an application for judicial review of this decision in Federal Court, arguing it was unreasonable and discriminatory. The Federal Court cancelled the decision after a motion was brought on consent of the parties.
PLS is also representing this client in a complaint at the Canadian Human Rights Tribunal about CSC’s systemic discrimination against Deaf people in prison. It is widely acknowledged that Deaf people in prison face extreme isolation, which has severe psychological effects and makes it much harder for them to access parole. They also face barriers to accessing supports while on parole. CSC currently has no policies that outline how they will accommodate people with disabilities in prison, and in particular people who are Deaf. Further, the Video Relay Service (VRS), which is how Deaf people in the community use the telephone, is not available in prison.
Jennifer Metcalfe, Executive Director of PLS, states: “CSC has a duty to accommodate Deaf people in prison. It must immediately take steps to ensure that Deaf and hard of hearing people have adequate access to ASL interpreters, and it must implement VRS in prisons across the country.”
Jessica Magonet, Staff Lawyer at PLS, states: “We are thrilled that the Federal Court has exonerated our client and we are inspired by his commitment to improving the lives of Deaf people in prison.”
This client was represented in this matter by Jessica Magonet (Staff Lawyer) and Max McQuaig (Articling Student) of PLS.
Media Contact: Jessica Magonet, PLS Staff Lawyer at 604-636-0470 or jmagonet@pls-bc.ca
by Web Master | Mar 25, 2024 | News Releases
WHAT: Statement to United Nations Human Rights Council by Indigenous and prison rights organizations in response to Canada’s Universal Periodic Review
WHEN: March 25, 2024
WHERE: 55th Session of the United Nations Human Rights Council, Geneva, Switzerland – live broadcast at https://webtv.un.org/en
Geneva, Switzerland – On March 25, 2024, Dene lawyer Jennifer Duncan is in Geneva to speak to the United Nations Human Rights Council on behalf of the Union of BC Indian Chiefs, the First Nations Summit, the BC First Nations Justice Council and Prisoners’ Legal Services. Duncan’s comments focus on Canada’s mass incarceration of Indigenous people, and call for a redirection of resources and authority from colonial prisons to Indigenous governments and organizations to decarcerate Indigenous people and build alternatives to address harm based on Indigenous legal systems and the UN Declaration on the Rights of Indigenous Peoples. Duncan will also call for an end to solitary confinement and solitary-like conditions and for Canada to ratify the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
Ms. Duncan’s comments are in response to Canada’s Universal Periodic Review (“UPR”). The UPR allows United Nations member states to review the human rights records of their peers. Canada’s UPR took place at the meeting of the United Nations Human Rights Council in November 2023, when Canada was questioned by several states about the mass incarceration of Indigenous people. At the meeting in March 2024, Canada’s Final UPR Report will be adopted, including which recommendations Canada will support.
Ms. Duncan’s comments are available here: Oral Statement Canada UPR 2024
Written comments from the Union of BC Indian Chiefs, the First Nations Summit, the BC First Nations Justice Council, the BC Assembly of First Nations and Prisoners’ Legal Services are available here.
Media Contact:
Jennifer Duncan
Barrister & Solicitor
JDuncan@duncanco.ca
778-840-8212
by Web Master | Mar 1, 2024 | News, Uncategorized
On February 28, the Union of BC Indian Chiefs, the BC First Nations Justice Council, the First Nations Summit and Prisoners’ Legal Services wrote to the Chief Coroner to request an inquest into the death of Kendal Campeau, of the Yellow Quill First Nation, who passed away while in the custody of the Correctional Service Canada. Mr. Campeau reported horrendous abuse in custody. We hope an inquest into his death will help to draw attention to the urgent need for alternatives to prison for Indigenous people that are culturally safe and based on Indigenous law.
Click here to read the letter requesting an inquest.
Click here to read a news release regarding PLS’ calls for CSC to consider systemic abuse of Indigenous people in its investigation into Mr. Campeau’s death.
