How Paul Bernardo’s prison transfer renewed an old legal debate over just two words

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Regardless of the wording used, the language speaks to a fundamental and constitutionally protected principle of the justice system that governments cannot escape, lawyer says

The federal Conservatives say Canadians angry over Paul Bernardo’s move to a medium-security prison have a Liberal government law to blame.points to a bill passed in 2019 that sought to end solitary confinement, which also amended the law governing Canada’s prisons to stipulate inmates should be held in the “least restrictive environment.”had made seven years earlier, restoring language that had been there from the beginning.

When the Liberal government amended the Correctional and Conditional Release Act in 2019 – a law created by Brian Mulroney’s Progressive Conservatives – their addition of the term “least restrictive” was a reversal of a change made by the Conservative government of former prime ministerBack in 2012, Harper’s majority government fulfilled an election promise by passing a crime bill that ushered in a slew of tough on crime measures, including mandatory minimum sentences for certain drug offences,...

Still, groups like the Canadian Bar Association warned a parliamentary committee at the time that the new phrasing brought in by Harper’s government was “not good enough as a constitutional standard.” The lawyers’ group said in a brief that some had noticed the shift toward greater prisoner accountability meant in some cases “requiring that prisoners earn even basic rights and privileges.”

Source: Law Daily Report (lawdailyreport.net)

 

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