Group and Test Case Certificates

Possible Test Cases - Correctional Law

A group of staff lawyers at LAO LAW put together a list of possible test case scenarios in the area of correctional law, based on ideas put forward by the Prison Law Advisory Committee. Advisory Committee members have suggested that litigation supported by test case funding could be an appropriate response to a number of practice areas/issues that affect inmates. The various scenarios are set out below with some of the potential avenues for litigation.

LAO would like to remind the bar that funding for test cases is available and that applications for test case funding can be made to the LAO Group Applications and Test Cases Committee.

Right to counsel in segregation review board hearings

• Rowbotham-type proceedings with remedy of a stay under s.24(1) of the Charter for a violation of ss.7 or 11(d) of the Charter
• Segregation as right to counsel and fairness issue
  
  • ss.7, 10(b) and 11(d) Charter application for declaratory relief or challenge to statutory or regulatory framework
  • Extraordinary remedy

Refusals of voluntary transfer requests

• s. 7 Charter application for declaratory relief and transfer order
• Extraordinary remedy

Involuntary transfers

• involuntary transfers made on the basis of confidential information

Detention as a result of transport issues

• prisoners detained in custody because transport arrangements made them late for court

The accuracy of ION (particle) scanners in institutions

• s.8 Charter claim for damages for unreasonable search and declaratory relief

Placement and treatment of transgendered inmates

• ss.7 and 15 Charter claim for damages and declaratory relief
• Extraordinary remedy
• Claim under human rights legislation

Living conditions (number of prisoners in cells, use of segregation in addressing mental health concerns, access to computers)

• Civil action for damages and declaratory relief
• Extraordinary remedy

Placement of, and programs available to, aboriginal offenders

• Access to programs and native spirituality
• ss.7, 12 and 15 Charter claim for damages and declaratory relief
• Extraordinary remedy

Increased Restrictions on Eligibility for Parole and Automatic Suspension of Parole on Imposition of Custodial Sentence, per Bill C-40 amendments to the Corrections and Conditional Release Act

• s.7 Charter claim for damages and declaratory relief
• Extraordinary remedy

hallenge to security assessment tool used by CSC to determine level of security needed - tool requires all persons convicted of murder to be classified maximum security and is not gender-responsive

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Possible Test Cases

For information on possible test cases please refer to the following:
  - Correctional Law
  - Mental Health Law
  - Criminal Law

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