The CCLA has been granted leave to intervene before the Supreme Court of Canada in J.W. v. R., on appeal from the Court of Appeal for Ontario. The CCLA is intervening on the issue of whether the estimated length of time to complete rehabilitative programming by an individual with a mental health condition or cognitive disability can be a factor that extends the length of their sentence for a criminal offence. The CCLA will argue this should not be recognized as a sentence-extending factor.
The CCLA will highlight the serious inequities recognizing this sentencing factor would create. It would counteract the proper consideration of the impact of custody on individuals with mental health conditions or cognitive disabilities, where the greater harm they can experience in custody should reduce the length of any sentence. Additionally, recognizing this factor would overlook the role that state policy and resource decisions play in determining the availability and adequacy of rehabilitative programming.
The CCLA is grateful for the excellent pro bono representation of Frank Addario and Wes Dutcher-Walls of Addario Law Group LLP in this case.
Our factum can be read here.
About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
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