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A Prisoner's Charter? Reflections On Prisoner Litigation Under The Canadian Charter Of Rights And Freedoms, Debra L. Parkes
A Prisoner's Charter? Reflections On Prisoner Litigation Under The Canadian Charter Of Rights And Freedoms, Debra L. Parkes
Debra L. Parkes
This paper examines over twenty years of prisoner litigation under the Canadian Charter of Rights and Freedoms, beginning with a brief consideration of the social and political context for prisoners into which the Charter was entrenched in 1982, before moving on to consider a variety of successful and unsuccessful prisoners' Charter claims. The author notes some ways in which the impact of the Charter has been diminished at the prison walls, including through a lack of full and meaningful access by prisoners to courts or other means of independent review of prison decisions and conditions, as well as by the …
Time For Accountability: Effective Oversight Of Women's Prisons, Debra L. Parkes
Time For Accountability: Effective Oversight Of Women's Prisons, Debra L. Parkes
Debra L. Parkes
Numerous reports and commissions of inquiry have documented the need for oversight and accountability mechanisms to redress illegalities and rights violations in Canada’s women’s prisons. This paper examines the recent troubled history of women’s imprisonment in which the calls for meaningful accountability and oversight have arisen, outlines some necessary criteria for any effective oversight body within this context, and measures some of the key recommendations against those criteria. The authors conclude that the judicial oversight model and remedial sanction proposed by Justice Louise Arbour in 1996 in her Report of the Commission of Inquiry into Certain Events at the Prison …