The government seeks leave to appeal a lower court ruling last month that said placing prisoners in solitary confinement for more than 15 days constitutes cruel and unusual punishment, violating Section 12 of the Charter of Rights and Freedoms
The federal government has applied to the Supreme Court of Canada for leave to appeal a recent ruling that imposed a 15-day limit on solitary-confinement placements within the Canadian penitentiary system, prolonging a four-year case that has put prisoner isolation on trial.
The lower court order is to go into force on April 13. Lawyer Michael Rosenberg, who is representing the CCLA in the case, said the government is also seeking an interim stay of the deadline. The government also states that the appeal court’s decision will create a new standard for determining if a law is “grossly disproportionate” under Section 12 of the Charter.An appeal is pending in a parallel case in B.C., raising the possibility that a contrary judgment could create an uneven application of the law from province to province, the government application states. “This will lead to further confusion as to the state of the law," it says.
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