A stretch?

Oct 11, 2017

Globe and Mail – Liam Casey / The Canadian Press
Manslaughter charges against alleged fentanyl dealers piling up across Canada

Police forces across the country have begun, in an effort to stem deaths from overdoses of fentanyl, to lay a charge of manslaughter against the supplier of the deadly drug.  The notion is still in its early stages and the legal system is in controversy over it.  There is the matter of proving the origin, the difference between accidental contamination by other drugs with fentanyl, the choice of fentanyl, but some experts do not see any kind of stretch in the law or the courts.  https://beta.theglobeandmail.com/news/national/manslaughter-charges-against-alleged-fentanyl-dealers-piling-up-across-canada/article36525231/

 Times Colonist (Victoria, BC)  – Richard Watts
For true reconciliation, First Nations laws must be used: scholar

Val Napoleon, the Law Foundation Professor of Aboriginal Justice and Governance at the University of Victoria, “True reconciliation is only going to happen when peoples are represented in their fullness, not just in Canadian law but also Indigenous law,” says Napoleon.  She is joining with Jamie Cassels, UVic’s president and vice-chancellor, to make representation to the federal government to fund an Indigenous law program to extend over four years for a degree in both common law and indigenous law.  http://www.timescolonist.com/news/local/for-true-reconciliation-first-nations-laws-must-be-used-scholar-1.23057606   Related article:  BC Tyee – Emilee Gilpin   How We Can Achieve Reconciliation Beyond Simple Rhetoric – Three Indigenous women devoted to reconciliation discuss need for changes in education, culture and distribution of food and land  https://thetyee.ca/News/2017/10/05/Reconciliation-Beyond-Rhetoric/   Related article: Canadian Lawyer – Alec Robinson   SCC rules residential school survivors’ testimony should be kept private – IAP records to be destroyed after 15 years  http://www.canadianlawyermag.com/legalfeeds/author/alex-robinson/scc-rules-residential-school-survivors-testimony-should-be-kept-private-14760/?utm_term=SCC%20rules%20residential%20school%20survivors%27%20testimony%20should%20be%20kept%20privat&utm_campaign=CLNewswire_20171010&utm_content=email&utm_source=Act-On+Software&utm_medium=email   

 CBC News (Edmonton) – Zoe Todd
Tensions mounting at overcrowded Edmonton women’s prison, national advocacy group warns – Elizabeth Fry Society urges Corrections Canada to rethink strip searches, segregation, and mental-health support

The Edmonton Institution for Women is badly over-crowded and filled with tensions from conditions of confinement.  Savanah Gentile, the director of advocacy and legal issues with the Canadian Association of Elizabeth Fry Societies, says “It’s not a space for healing.  It’s a very isolating experience.  Those women are just left in a cell with themselves, with their mental health issues, to struggle on their own.”  Elizabeth Fry is reporting the prison is at 133% of capacity and understaffed.  http://www.cbc.ca/amp/1.4342583   Related article: Blogger Professor Karen Cox (US)   “Most Women in Prison Are Victims of Domestic Violence. That’s Nothing New.”   http://sentencing.typepad.com/sentencing_law_and_policy/2017/10/most-women-in-prison-are-victims-of-domestic-violence-thats-nothing-new.html

 Brennan Center for Justice (US) – Lauren-Brooke “L.B.” Eisen, Hilary O. Shelton
How to Get States to Reduce Crime and Incarceration At Once

The trick is to get a reduction in incarceration without fear of bringing on an increase in crime rates.  The focus is aimed at the state level (but trying to get federal funding) and the Reverse Mass Incarceration Act, a piece of legislation that attempts to pursue reduction in mass incarceration, redress for racial inequities, while holding on the recent gains in justice.  The legislation introduced this past summer, supported federally by Senators Cory Booker and Richard Blumenthal, hopes to mitigate the impact of the 1994 Crime bill under Bill Clinton.  https://www.brennancenter.org/blog/how-get-states-reduce-crime-and-incarceration-once#.WdfzVE-wNow.facebook   Related article:  The Hill (US) – Glenn E. Martin   We must pass the Reverse Incarceration Act if we want prison reform   http://thehill.com/opinion/criminal-justice/354288-we-must-pass-the-reverse-incarceration-act-if-we-want-prison-reform?amp   Related article: San Diego Union Tribune – Editorial Board (Oct 5, 2017)  In spite of Jeff Sessions, criminal justice reform still moving forward  http://www.sandiegouniontribune.com/opinion/editorials/sd-jeff-sessions-criminal-justice-reform-20171005-story.html

 National Post / Canadian Press – Stephanie Levitz
About half of asylum seekers crossing into Canada over U.S. border have refugee claims rejected: IRB

With 35,000 in the backlog already and another 8,000 or so who have walked across the border, the Immigrant and Refugee Board is reporting that approximate one half of a very small number who made it thus far to the IRB have been declined.  Mostly Haitian, the rate of 50% is in keeping with historical acceptance levels.  The IRB is funded to hear 24,000 per year and anticipates applications of 40,000 in 2017.  The safe third country policy which prevents people from getting entry to Canada at regular crossing points has led to advocates asking to eliminate the safe third country rule and avoid the crossings that are happening now.  http://nationalpost.com/news/politics/about-half-of-summers-border-crosser-asylum-cases-heard-so-far-rejected-irb