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June 10, 2010

Notable Canadian ruling on extreme prison confinement

A helpful reader from north of the border sent me this note about a notable and high-profile (and very lengthy) ruling about prisoners' constitutional rights in Canada:

I thought you may wish to write about this significant decision from a Canadian trial court about the meaning of cruel and unusual punishment in Canadian law.  Your blog emphasizes American developments, but this case has an American emphasis as it relies upon expert opinion evidence provided by Craig Haney, and there is discussion as to the importation of American ‘supermax’ style imprisonment.  The case is quite long [and can be found here]:

Media coverage can be found here. The media coverage is, of course, a bit sensational.  From a prison lawyer perspective, the critical parts of the decision are at paragraphs 318–335 which indicate a new standard for interpreting long-term administrative segregation as constitutionally impermissible; as contrary to legitimate penological objectives.

June 10, 2010 at 07:42 AM | Permalink


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The prisoner should be sent to that Norway resort like prison, along with his other gang rivals. They will be so mesmerized by the luxury, they will forget all their revenge plans. Come to love each other. Take cooking classes together. Together, take long, slow, contemplative walks on those wooded trails. Rehabilitate each other.

Posted by: Supremacy Claus | Jun 10, 2010 8:05:12 AM

Why is it improper for prison authorities to help the police investigation? I would appreciate a legal citation, as opposed to the ipse dixit of the Canadian judge.

Posted by: Supremacy Claus | Jun 10, 2010 8:10:21 AM

probalby has something to do with seperation of powers. a warden has a h ell of a lot more power an authority over an imate then a cop ever would. so hard to consider anything done voluntary.

Posted by: rodsmith | Jun 10, 2010 10:01:40 PM

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