Nov. 4, 2022
Lawyer’s Daily
SCC overturns lower court decision, rules Criminal Code provisions on sentencing constitutional
“A divided Supreme Court of Canada has overturned a Court of Appeal decision, ruling Nov. 4 that certain Criminal Code provisions on sentencing, which the lower court had found unconstitutional, do not limit the Indigenous respondent’s Charter rights. While both the majority and dissent noted the over-incarceration of Indigenous people, the majority held that the respondent “did not demonstrate that the impugned provisions created or contributed to a disproportionate impact on Indigenous offenders, relative to non-Indigenous offenders …” https://www.thelawyersdaily.ca/criminal/articles/41058/scc-overturns-lower-court-decision-rules-criminal-code-provisions-on-sentencing-constitutional?nl_pk=40ed8ea4-637a-4d76-870f-04f0eeae7de8&utm_source=newsletter&utm_medium=email&utm_campaign=criminal Supreme Court of Canada Ruling: R vs Sharma “S sought a conditional sentence. Conditional sentences are a type of incarceration, provided for under s. 742.1 of the Criminal Code, that permit offenders who meet statutory criteria to serve their sentences under strict surveillance in their communities, rather than in jail.” https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/19540/index.do Tweet from Lisa Kerr: On conditional Sentencing SCC ruling: “This is a hard one to report. R v. Sharma. In a 5:4 decision, majority holds that Criminal Code sections that prevent conditional sentences do not limit s. 7 or s. 15 rights.” (Cf string) Tweet from Debra Parkes: “In a disappointing 5-4 decision in #Sharma, the #SCC upholds the Harper-era limitations on conditional sentences as constitutional. Law held not to violate equality rights of Indigenous people nor s. 7 principles of arbitrariness or overbreadth.” https://twitter.com/DebraParkes/status/1588530987713298437?s=03
Globe and Mail – Patrick White
Despite new laws, inmates still face time in solitary confinement
Critics have reacted with vehemence to the point of suggesting, as Catherine Latimer of John Howard has said, that the alleged reform of the practice of solitary, now known as Structured Intervention Units or SIU, has ignored basic law and the court decisions around solitary. “It’s a mess!” she says. The report, chaired by former Correctional Investigator Howard Sapers, has found racial and gender bias, torture (more than 15 days in solitary as established by the UN), and nearly 60% of those long term have missed their allotted four hours outside solitary. https://www.theglobeandmail.com/canada/article-despite-new-laws-too-many-inmates-in-isolation-are-indigenous-panel/?utm_source=Shared+Article+Sent+to+User&utm_medium=E-mail:+Newsletters+/+E-Blasts+/+etc.&utm_campaign=Shared+Web+Article+Links
CBC News – Ben Andrews
Courts, government bills are unravelling Harper-era crime laws
The article draws attention to the number of Harper era laws struck down by the courts and new legislation. 3 federal mandatory minimum laws limiting the discretion of judges have been struck down by the Supreme Court and a further 25 instances in the provincial courts. Though sometimes popular with the tough-on-crime public, long sentences have been repeatedly illustrated to be ineffective in reducing crime. The government is also introducing legislation to eliminate the mandatory penalties for other crimes as well. https://www.cbc.ca/news/politics/stephen-harper-mandatory-minimum-sentences-criminal-code-1.6637154
CBC News – Paige Parsons
Cree woman alleges racial discrimination in death of newborn daughter at Edmonton hospital – Treaty 8 Grand Chief Arthur Noskey calls for provincial inquiry
This article marks the initiation of a civil lawsuit against the Misericordia Community Hospital and dates from June 2020. The statement of claim alleges that Pearl Gambler, a Cree woman, encountered discrimination from the time of her admissions interview and includes the death of her daughter. “The claim alleges that problems began upon her arrival on the obstetrical unit on June 11, 2020, when a staff person looked at Gambler — her hair in braids and wearing a shirt that said “Strong. Resilient. Indigenous” – and said “there is nothing for you here.” https://www.cbc.ca/news/canada/edmonton/cree-woman-alleges-racial-discrimination-in-death-of-newborn-daughter-at-edmonton-hospital-1.6640093
Tweet from the Canadian Civil Liberties: Our statement on the passage of Ontario Bill 28: What happened today is horrifying (Legislating school employees back to work using the not-withstanding clause) https://twitter.com/cancivlib/status/1588284832521818112?s=03 Related article: Toronto Star – Staff Ontario CUPE strike: Education workers gather at Queen’s Park, Lecce’s office as Unifor pledges $100k to cover fines – Ford government passed legislation Thursday forcing a contract on education workers despite CUPE slashing its wage demand. https://www.thestar.com/news/gta/2022/11/04/ontario-cupe-strike-here-are-the-latest-updates-on-school-closures-and-government-legislation.html Related article: CTV News – Ontario passes back-to-work bill on eve of education workers’ strike https://toronto.ctvnews.ca/ontario-education-strike-going-ahead-friday-after-mediation-concludes-1.6136954 Related article: The Conversation (Queen’s) Ontario school strike: Government’s use of the notwithstanding clause — again — is an assault on labour relations https://theconversation.com/ontario-school-strike-governments-use-of-the-notwithstanding-clause-again-is-an-assault-on-labour-relations-193824?utm_medium=email&utm_campaign=Latest%20from%20The%20Conversation%20for%20November%204%202022&utm_content=Latest%20from%20The%20Conversation%20for%20November%204%202022+CID_9657a82ae873da32225aef3c3b9f0c45&utm_source=campaign_monitor_ca&utm_term=Ontario%20school%20strike%20Governments%20use%20of%20the%20notwithstanding%20clause%20%20again%20%20is%20an%20assault%20on%20labour%20relations
Tweet from Juda Oudshoorn: On police killings “Police, on average, have killed 2 people per week in Canada over the past two years…” Tweet from Barry Haines: On police killings “By the end of October 2022, police in Canada killed 101 people. In October alone, police killed 12 people.” Related article: Media Coop.com – Jeff Shantz Canadian Police-Involved Deaths in October 2022 https://mediacoop.ca/node/119109 (Please note: The editors at Media Co-op apparently did not approve this posting but do not say why. The article is mostly a listing of the killings.)
Tweet from Alanna Smith: On prison conditions (Canada) “New: A prison justice group in Alberta says the province’s trial court is denying inmates their right to challenge the conditions of their incarceration, including the use of solitary confinement, by being too quick to dismiss claims as frivolous.” https://twitter.com/alanna_smithh/status/1588188879294959616?s=03 Related article: Globe and Mail – Alanna Smith Legal group raises concerns about prisoner review system https://www.theglobeandmail.com/canada/alberta/article-legal-group-raises-concerns-about-prisoner-review-system/
Tweet from Krish Gundu: On Texas Senate Bill 6 and jail deaths “Today, every sheriff who was asked to appear before @TxCommJailStand for being non-compliant with minimum standards, blamed SB 6 for directly contributing to their exploding county jail population and inability to comply.” (cf string) https://twitter.com/kinsngops/status/1588385072964866048?s=03
Washington Post – Philip Bump
A specter rises from the rhetoric of the 1970s: Scary NYC subways
The issue of crime in the US elections whether it is increasing or decreasing – and often the driving force behind our own legislation – is again surfacing and creating a distinction between perceived fear of crime and actual crime incidents. “It is true that crime has risen in the city, both over the past year and over the past several years. While the number of murders is down, violent crime overall is up 30 percent. But, as is the case with other places where crime has measurably increased, crime is still nowhere near what it was 30 years ago.” The stats may be more accurate when viewed longitudinally while remember too that there is no connection between crime and the frequency of media mention. https://www.washingtonpost.com/politics/2022/11/03/crime-new-york-city-subways-fox-news/