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CONSTITUTIONAL PROCEEDINGS - Enforcement of orders

Thursday, June 06, 2019 @ 8:35 AM  


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Motion by the Attorney General to extend the period of suspension of invalidity of certain sections of the Corrections and Conditional Release Act. The sections dealing with administrative segregation of prisoners were declared unconstitutional in 2017. This was the second time the Attorney General sought an extension. In October 2018, the government introduced Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act. According to the Attorney General, Bill C-83 would eliminate administrative segregation and replace it with structured intervention units. Relying on Bill C-83, the Attorney General now sought another extension until November 2019 due to the significant legal, policy, operational, infrastructure and resource considerations involved in the development and implementation of the Bill.

HELD: Motion allowed on terms. An extension was granted to June 2019 on the condition that Canada implement an independent fifth day review of administrative segregation before that date. Correctional Service of Canada must establish a system of review whereby no inmate would be kept in administrative segregation for more than five working days without the placement decision being reviewed and upheld by a senior official who was neither the institutional head of the institution where the inmate was incarcerated nor a person who was subordinate to that institutional head. A further lengthy and unconditional extension would compromise public confidence in the administration of justice and the court’s ability to act as guardian of the Constitution.

Canadian Civil Liberties Assn. v. Canada (Attorney General), [2019] O.J. No. 2131, Ontario Court of Appeal, G.R. Strathy C.J.O., M.L. Benotto and L.B. Roberts JJ.A., April 26, 2019. Digest No. TLD-June32019010