April 11
Supreme Court of Canada
The Supreme Court of Canada has ruled in favour of judicial discretion in the issues of the pre-trial credit to be given for days spent in remand. The court was responding to federal government changes that gave equal time to time served exception in undefined ‘exceptional circumstances and judges across the country took issue. Said Justice Andromache Karakatsanis speaking for the unanimous decision: “I conclude that loss of access to parole and early release constitutes a ‘circumstance’ capable of justifying enhanced credit.” Text of SSC Decision: http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/13586/index.do Related article: Canadian Press – Mike Blanchfield Top court softens time-served sentencing law http://www.nationalnewswatch.com/2014/04/11/supreme-court-softens-tories-tough-on-crime-time-served-sentencing-law/#.U0hCFFfAvQt Related article: Globe and Mail – Sean Fine Supreme Court blocks Harper government’s tougher sentencing rules http://www.theglobeandmail.com/news/politics/scoc-ruling/article17929504
Dalhousie Law Journal – Don Clairmont and Ethan Kim
Restorative Justice: Getting Past the Gatekeepers: The Reception of Restorative Justice in the Nova Scotian Criminal Justice System
Unfortunately the full article is not available without LexisNexis membership but even the abstract may be helpful. It describes some of the parameters of the Nova Scotia Restorative Justice program first instituted in 1999 and now assessed for its effectiveness with the various participants since.https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=36+Dalhousie+L.J.+359&srctype=smi&srcid=3B15&key=5d02cdb0f3a88aad1fa79bcc10541af3
Seneca College Film Making School
Lifer
Readers are likely aware that two major organizations that catered to support services for lifers have closed for want of funding in recent years. Here’s a 15 minute YouTube video link that portrays the troubles the lifer faces when he comes out of long term incarceration. https://www.youtube.com/watch?v=N41uSa2PUXc&feature=youtu.be
The Sacramento Bee (US) – Sam Stanton and Denny Walsh
Judge finds treatment of California’s mentally ill inmates ‘horrific’
U.S. District Judge Lawrence K. Karlton was schedule to view 17 videos of extractions in a hearing on use of force procedures in California’s prisons. The prisons are required to video-tape all institution planned use of force. After six videos, the judge declare the impact on inmates “horrific” and then issued a series of court orders around the treatment of the mentally ill. http://www.sacbee.com/2014/04/10/6314571/federal-judge-orders-prison-officials.html#storylink=cpy
Seattle Times – Lornet Turnbull
Protesters want Gates Foundation to stop investing in prison operator
Who invests in private prison giant GEO which operates 59 facilities across the US, including the Northwest Detention Center in Tacoma where there is current turmoil and hunger striking by the detainees? The Bill and Melinda Gates Foundation has $2.2 million in the company and immigrant protestors want an end. http://seattletimes.com/html/localnews/2023350265_gatesinvestmentxml.html
CNN (US) – Evan Perez
U.S. moves toward shorter sentences for drug crimes
The U.S. Sentencing Commission has voted to reduce sentencing for about 70% of federally sentenced drug offenders, due to take effect Nov. 1 if Congress approves. The move supported by Attorney General Eric Holder aims at reducing the 216,000 federal inmates. http://www.cnn.com/2014/04/10/us/sentencing-commission/?hpt=hp_bn1 Related article: Think Progress (US) – Nicole Flatrow Bill would urge shorter sentences for veterans with mental health problems http://thinkprogress.org/justice/2014/04/10/3425060/california-bill-would-urge-shorter-sentences-for-veterans-with-mental-health-problems Related article: Newsday (N.Y.) – Laura Figueroa Cuomo appoints panel to examine youth sentencing system http://www.newsday.com/long-island/politics/spin-cycle-newsday-blogs-long-island-new-york-national-politics-1.812042/cuomo-appoints-panel-to-examine-youth-sentencing-system-1.7668825?firstfree=yes