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CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Aboriginal rights - Remedies for denial of rights

Wednesday, June 13, 2018 @ 1:48 PM  

Ewert appealed from a judgment of the Federal Court of Appeal setting aside a decision finding Correctional Service of Canada (CSC) had breached its obligation under s. 24(1) of the Corrections and Conditional Release Act (CCRA) and had infringed Ewert’s rights under s. 7 of the Charter. Ewert, who is a Métis inmate, challenged the CSC’s reliance on certain psychological and actuarial risk assessment tools. He claimed the validity of the tools, when applied to Indigenous offenders, had not been established through empirical research. The reliance...