The Canadian Civil Liberties Association is joining with the Criminal Lawyers’ Association to call for an immediate government response to the alarming increase in the use of solitary confinement in Canada’s federal penitentiaries. Statistics show that both the prevalence, and the duration, of solitary confinement have increased over the past ten years. Moreover, in the absence of adequate mental health facilities, documented cases show a pattern of using segregation as a response to mental health problems, a practice which the Office of the Correctional Investigator has called “[n]either safe, nor humane”.
Continue reading Solitary confinement is not a mental health treatment program
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On Wednesday, November 18, Richard Colvin, a former senior diplomat with Canada’s mission in Afghanistan, gave testimony before a Canadian Parliamentary Committee. He testified that Canada likely transferred detainees to torture, and that the monitoring of detainee transfers was inadequate. The government continues to deny that such practices took place. The issue of transfer of prisoners to potential torture must be publicly discussed. At this stage, a public inquiry is the only possibility to respond to Canada’s obligations to deter and denounce the practice of torture. In 2008, CCLA had appeared before the Federal Court of Appeal arguing that the Charter should restrain Canadian Forces in Afghanistan from transferring detainees into the custody of Afghan forces, potentially leading to the detainees’ torture and a violation of fundamental human rights. CCLA was granted intervenor status in the case. CCLA special counsel Earl Cherniak, Jasmine Akbarali, and Shannon Puddister (Lerners) argued that the Charter applies to Canadian forces acting abroad when Canada’s actions threaten fundamental human rights such as the right to be free from torture. Continue reading CCLA supports call for public inquiry on the transfer of Afghan detainees to torture On November 20, 2009 the CCLA appeared before the Supreme Court of Canada to argue for limits on the use of “hard entries” by police. R. v. Cornell dealt with the question of when it is appropriate for police to use invasive entry tactics, such as knocking down doors with weapons drawn, when executing residential search warrants. In the CCLA’s submissions such tactics should only be used when they are necessary to protect officer safety or prevent the destruction of evidence, and even then, only where the benefits outweigh the potential dangers. This obligation should apply in all types of cases, including those involving drugs. To view a copy of the CCLA’s factum, click here. Omar Khadr is to face trial before the US Military Commissions presiding over cases of the detainees held at Guantanamo Bay. The CCLA criticizes the Military Commissions as being inherently flawed and incapable of providing justice to Mr. Khadr. The Military Commissions lack fundamental procedural safeguards of due process. These procedural safeguards are guaranteed under international law, and the Canadian and US constitutions. Furthermore, Mr. Khadr was a minor at the time he entered US custody, and as a minor he is entitled under international law to additional special safeguards to protect children in legal proceedings. The Military Commissions have neither the special safeguards for children, nor do they have the minimum procedural legal safeguards necessary to legitimately dispense justice. CCLA Board Member Brian A.F. Edy has been appointed to the Calgary City Police Commission, effective November 9. He is a Calgary-based lawyer with a particular interest in cases involving the Canadian Charter of Rights and Freedoms. Brian is a former President of the Alberta Civil Liberties Association and a past President of the Freedom of Information and Protection of Privacy Association of Alberta. |
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