Thursday, March 20, 2014

The Supreme Court of Canada has ruled that retroactive changes to parole eligibility brought in by the Harper government are unconstitutional

The Supreme Court of Canada has ruled that retroactive changes to parole eligibility brought in by the Harper government are unconstitutional.
    The top court was the third successive court to find that the March 2011 legislation was in clear breach of the Charter of Rights because it imposed new punishment on people who had already been tried and sentenced.
    The retroactive changes  which lengthened the amount of time a non-violent, first-time offender had to spend behind bars before being eligible for parole  were deemed by the court to be a form of double jeopardy.
    The ruling means dozens or more prisoners may be locked up illegally under the Conservatives' Abolition of Early Parole Act.

2 comments:

Anonymous said...

The problem is judicial activism, if ever we could get a Conservative government to appoint a majority of judges to the Supreme Court things would be . . . oh wait

Anonymous said...

Professor Morton - What's your opinion on, whether or not- the Legal Aid of Ontario's decision to do more for disenfranchised people, is helpful or enough?