Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Sunday, January 15, 2012

Charter challenge to C-10 inevitable, Cotler says: ‘Last word still to be heard’

The Conservative government’s omnibus crime bill hasn’t passed yet, but plans are already underway to a launch Charter challenge because it will lead to overcrowded, dangerous prison conditions.

During a justice policy session at the biennial Liberal convention in Ottawa Saturday, Catherine Latimer, executive director of the John Howard Society, said two students from the University of Ottawa are working pro bono at what constitutes cruel and unusual punishment and what level of jail and prison overcrowding would meet that threshold.

“Hopefully we will be to come up with concrete case that will allow people to come forward with a case in the Canadian court system,” she said.

Bill C-10 is expected to put more offenders in provincial jail and federal prisons, and for longer periods of time. The Correctional Service of Canada has plans to add 2,700 new spaces by 2014, which will be a combination of new cells and double bunks. Many provincial and territorial jails are already filled to the brim.

In May 2011, the Supreme Court of the United States ruled that California prisons must reduce their numbers to less than 137.5% of capacity to avoid violating protections against “cruel and unusual punishment.” Many provincial correctional facilities in Canada are reporting crowding in excess of 137.5% capacity, according to the John Howard Society.

Liberal MP Irwin Cotler, the former justice minister, said a Charter challenge is inevitable.

“On the issue of overcrowding, once it’s adopted it will be challenged. I know there are people preparing that,” he said.

Cotler noted that the controversial bill — which has drawn broad criticism from lawyers, human rights advocates and victims groups — must still be approved by the Senate.

“The last word has not yet been heard, and your voices can now help to in fact influence the understanding of the debate and the concerns,” he said.

Original Article
Source: iPolitico 

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