Aug 2, 2023 – More jail, less safe…
CBC News – Hannah Rudderham
New Brunswick’s next jail goes to Minto – Opposition critic questions transparency of decision that will put jail in minister’s riding
The $42 million new provincial jail is going to the NB Minister of Public Safety riding: Kris Austin announced the site is to be Grand Lake, the top of the sites examined for suitability. The minister also suggested the small town location will help with local employment, one of the enduring political reasons for jails. The alternate site was Fredericton but the reality is… “The province has said a new jail is needed because of pressure on existing jails, but it has not released any data supporting its case.” https://www.cbc.ca/news/canada/new-brunswick/province-minto-jail-1.6923245
Peace of the Circle (Vancouver, BC) – Evelyn Zeller
“Peace of the Circle is proud to be the coordinating host organization of Vancouver becoming a Restorative City, the first in Canada! There is full forward momentum on advancing this work and facilitating the impressive, diverse Restorative Collective.” The group of over 30 organizations has been meeting with Dr. Evelyn Zeller of the Peace of the Circle and working for over two years in the process of “A Restorative City expands beyond legal systems to implement restorative values, principles and practices across multiple spaces and sectors – neighbourhoods, schools, parks, housing, policing, governance and more.” https://peaceofthecircle.com/restorativecity2023/
Global News – Alexandra Mazur
‘Terrifying feeling:’ Children’s aid strike in Ontario and its impact on the rest of province
Children’s Aid workers in eastern Ontario – Lanark, Leeds, and Grenville area – have been on strike for three weeks. The critical issue which some think may become province-wide before long is over work and exhaustion of workers. The average worker may have 24 regular case load persons but then must also respond to emergency cases as well. Sabrina Annett, one of the frontline child protection workers currently on strike: ““It’s a terrifying feeling.. explaining how she dreads getting a new assignment during a week when she might have already missed seeing four or five families. “I have to pick and choose who gets my attention. You’re hoping you pick the right one and that the family that’s been waiting in crisis is going to be OK another day.” https://globalnews.ca/news/9869361/childrens-aid-strike-ontario/
UNHCR (Canada)
Open doors, open hearts: what you need to know about shelters for asylum-seekers in Canada
This link is to the United Nations tracking for the Canadian asylum seekers in the light of the recent flare-up in Toronto about these new Canadians sleeping under the highway underpasses. The report puts the discussion in the context of 250,000 homeless persons across Canada and argues that the cost of homelessness resolution is relatively minor compared to the need for so many other services unless homelessness is solved. “Asylum-seekers are not the problem, nor should they be singled out or refused housing. They have already endured immense hardships, further compounded by having no choice but to sleep on the streets… It’s worth mentioning that the vast majority1 of those who claim asylum in Canada are found to be refugees by the Immigration and Refugee Board of Canada, an independent tribunal. This means that nearly eight out of 10 people who come to Canada claiming asylum are assessed to have a legitimate and well-founded fear of persecution or risks to their lives in their home country.” https://www.unhcr.ca/news/open-doors-open-hearts-what-you-need-to-know-about-shelters-for-asylum-seekers-in-canada/?utm_medium=email&utm_source=engagingnetworks&utm_campaign=CA_PS_EN_Newsletter_AugustENews_230801_5&utm_content=ENW0823+UNR+EME+-+August+E-Newsletter+-+Lapsed+and+Subscribers
Canadian Lawyer – Aiden Macnab
SCC clarifies judges have wide discretion in appointing amicus curiae with adversarial role – Scope and timing of amicus in criminal trial did not cause miscarriage of justice, found court
The Supreme Court of Canada has dismissed an appeal in a murder case: “In R. v. Kahsai, 2023 SCC 20, the question before the court was whether, when an unrepresented accused is incapable of mounting a competent defence, the trial judge is obligated to appoint an amicus curiae with an adversarial mandate to advance the interests of the defence. The SCC found that the appellant Emanuel Kahsai had failed to show that the role an amicus curiae played in his trial made the trial unfair or appear unfair.” The issue was the proper scope of the judge’s authority to appoint an amicus curiae, even in the case of an amicus curia who defends a criminally accused. https://www.canadianlawyermag.com/practice-areas/criminal/scc-clarifies-judges-have-wide-discretion-in-appointing-amicus-curiae-with-adversarial-role/378315?utm_source=GA&e=bWptbWFuc2ZpZWxkQGJlbGwubmV0&utm_medium=20230801&utm_campaign=LTW-Newsletter-20230801&utm_content=&tu=
The Canadian Press –
All governments must hold Calgary Stampede accountable after sex abuse settlement: MP – All levels of government must examine Stampede: MP
Awareness of the grooming and sexual abuse of boys in the Young Canadians School of Performing Arts under the Calgary Stampede by Philip Heerema dates back to 1988 when it first surfaced. Now the victims have a class action lawsuit against the Stampede but are struggling for political support to hold the Stampede financially liable. Alberta gives the Stampede about $6 million a year. The Federal government funded only in response to the Covid crisis. “On Friday, Alberta Premier Danielle Smith said Stampede funding from the province’s United Conservative government would continue. Tanya Fir, Alberta’s minister of arts, culture and Status of Women, said she would meet with the Stampede to discuss the safety of youth involved with the festival.” https://www.thecanadianpressnews.ca/politics/all-governments-must-hold-calgary-stampede-accountable-after-sex-abuse-settlement-mp/article_95d02c31-22d3-5e65-bd61-412081ae6dce.html?utm_source=thecanadianpressnews.ca&utm_campaign=%2Fnewsletter%2Foptimize%2Fdaily-newsletter%2F%3F-dc%3D1690900238&utm_medium=email&utm_content=read%20more
The Canadian Press – Jacob Serebrin
Quebec trucking company ordered to reinstate driver fired for drinking and driving – Alcoholic Quebec truck driver ordered back on job
After what must seem like forever in retrospect, this legal arbitration result must seem staggering and diametrically opposed to all the advances against drunk driving in Canada. In fact the incident took place in Pennsylvania – a truck driver consumed nine beers and then crashed the truck belonging to a Quebec firm. “The driver’s actions amounted to serious misconduct, but her drinking was the result of a disability — alcoholism — and trucking company Groupe Robert should have made a reasonable accommodation for her, labour arbitrator Huguette April said in her written July 18 decision.” While the resolution appears to be accommodation, alcoholism is recognized as a disability. https://www.thecanadianpressnews.ca/quebec/quebec-trucking-company-ordered-to-reinstate-driver-fired-for-drinking-and-driving/article_0b2dea8f-1231-5baa-a35f-a6afa33a35e4.html?utm_source=thecanadianpressnews.ca&utm_campaign=%2Fnewsletter%2Foptimize%2Fdaily-newsletter%2F%3F-dc%3D1690900238&utm_medium=email&utm_content=read%20more
Blogger Russell Webster (UK)
The latest criminal justice trends (Summer 2023) – Criminal justice trends for summer 2023 including big jumps in recalls and prison punishments
The latest stats are largely confirming what was already known but the stats for the increases in prison population seem due in part to remand cases – both those untried and those awaiting sentences, up by 16%. The other stat that appears to account for the increased time is prison punishment or people who are recalled to prison – up by 20% over the year. https://www.russellwebster.com/justicetrendssummer23/ Full Government Report: Offender Management Statistics Bulletin, England and Wales Quarterly: January to March 2023 Prison population: 30 June 2023 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1173709/OMSQ_Q1_2023.pdf
Bristol University Press
Beyond Bars: A Path Forward from 50 Years of Mass Incarceration in the United States – Edited by Kristen Budd, David Lane, Glenn W. Muschert and Jason Smith
Curiously this is a British University publication on a deeply US problem of mass incarceration written by three US professors. The book is a free download and recommended by the US based Sentencing Project which sponsored the writing. The text is available in open access and features a number of very well-known criminal legal system commentators. https://www.sentencingproject.org/ (Well worth exploring for issues of long sentences, LWOP for youth. Download the book at: https://bristoluniversitypressdigital.com/display/book/9781447370130/9781447370130.xml