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Why the Canadian Prison System Needs Radical Overhauling

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The Canadian prison system, long regarded as a model of progressive rehabilitation, is now facing increased scrutiny as mounting evidence suggests that it may be failing to achieve its fundamental goals. Critics argue that the system is plagued by systemic issues, including overcrowding, inadequate mental health support, and a lack of meaningful rehabilitation programs, all of which contribute to high recidivism rates and the perpetuation of social inequalities. To address these challenges, many experts and advocates are calling for a radical overhaul of the Canadian prison system, with a focus on restorative justice, mental health care, and reintegration programs that can help break the cycle of incarceration.

One of the most pressing issues in the Canadian prison system is overcrowding. Over the past decade, the number of incarcerated individuals has steadily increased, outpacing the capacity of the facilities meant to house them. This has led to deteriorating conditions within prisons, with many inmates subjected to cramped, unsanitary living conditions that can exacerbate mental health issues and increase tensions among the prison population.

The overcrowding problem is compounded by the overrepresentation of marginalized groups in the prison system, particularly Indigenous peoples, who make up a disproportionately large percentage of the incarcerated population. According to the Office of the Correctional Investigator, Indigenous people represent about 32% of the federal prison population, despite comprising only 5% of the general Canadian population. This overrepresentation highlights deep-rooted systemic inequalities that the current prison system fails to address.

Mental health issues are pervasive in Canadian prisons, yet the system is ill-equipped to provide the necessary care. Many inmates enter the prison system with pre-existing mental health conditions, and the harsh environment of incarceration often exacerbates these issues. The lack of access to proper mental health care means that inmates with psychiatric disorders are frequently left untreated or improperly managed, leading to a cycle of violence, self-harm, and extended incarceration.

In some cases, inmates with severe mental health issues are placed in solitary confinement, a practice that has been widely criticized as inhumane and counterproductive. Studies have shown that solitary confinement can have devastating effects on an individual’s mental health, leading to conditions such as depression, anxiety, and post-traumatic stress disorder (PTSD). Despite these findings, the use of solitary confinement remains a common practice in Canadian prisons, further underscoring the need for comprehensive mental health reforms within the system.

The Canadian prison system has historically placed a strong emphasis on rehabilitation, yet current programs are often inadequate in preparing inmates for life after release. Many prisons offer limited educational and vocational training opportunities, leaving inmates ill-prepared to reintegrate into society and secure stable employment upon their release. Without the necessary skills and support, many former inmates struggle to find work, leading to high rates of recidivism and a return to the criminal justice system.

Moreover, the stigma associated with a criminal record can be a significant barrier to reintegration. Former inmates often face discrimination when seeking employment or housing, making it even more difficult to rebuild their lives. The current system does little to address these challenges, contributing to a cycle of poverty, crime, and incarceration that disproportionately affects marginalized communities.

One of the most promising alternatives to the traditional prison system is restorative justice, a model that focuses on repairing the harm caused by criminal behavior through dialogue, accountability, and community involvement. Unlike the punitive approach of the current system, restorative justice seeks to address the root causes of criminal behavior and promote healing for both victims and offenders.

Restorative justice programs have shown promising results in reducing recidivism and promoting positive outcomes for those involved. By providing offenders with the opportunity to make amends and actively participate in their rehabilitation, these programs can help break the cycle of crime and incarceration. Additionally, restorative justice emphasizes the importance of community support in the reintegration process, helping to build stronger, more resilient communities.

The Canadian prison system, once hailed as a model of humane and effective correctional practices, is in dire need of a radical overhaul. Overcrowding, inadequate mental health support, and the failure of rehabilitation programs are just a few of the systemic issues that contribute to high recidivism rates and the perpetuation of social inequalities. To create a more just and effective system, Canada must embrace alternative approaches such as restorative justice, invest in mental health care, and prioritize rehabilitation and reintegration programs that can help former inmates successfully reintegrate into society. Only through such comprehensive reforms can the Canadian prison system truly fulfill its mission of promoting public safety and rehabilitation.

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‘Do the work’: Ottawa urges both sides in B.C. port dispute to restart talks

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VANCOUVER – The federal government is urging both sides in the British Columbia port dispute to return to the table after Saturday’s collapse of mediated talks to end the lockout at container terminals that has entered its second week.

A statement issued by the office of federal Labour Minister Steven MacKinnon on Monday said both the port employers and the union representing more than 700 longshore supervisors “must understand the urgency of the situation.”

The statement also urged both sides to “do the work necessary to reach an agreement.”

“Canadians are counting on them,” the statement from MacKinnon’s office said.

The lockout at B.C. container terminals including those in Vancouver — Canada’s largest port — began last week after the BC Maritime Employers Association said members of International Longshore and Warehouse Union Ship and Dock Foremen Local 514 began strike activity in response to a “final offer” from employers.

The union said the plan was only for an overtime ban and a refusal to implement automation technology, calling the provincewide lockout a reckless overreaction.

On Saturday, the two sides began what was scheduled to be up to three days of mediated talks, after MacKinnon spoke to both sides and said on social media that there was a “concerning lack of urgency” to resolve the dispute.

But the union said the talks lasted “less than one hour” Saturday without resolution, accusing the employers of cutting them off.

The employers denied ending the talks, saying the mediator concluded the discussions after “there was no progress made” in talks conducted separately with the association and the union.

“The BCMEA went into the meeting with open minds and seeking to achieve a negotiated settlement at the bargaining table,” a statement from the employers said.

“In a sincere effort to bring these drawn-out negotiations to a close, the BCMEA provided a competitive offer to ILWU Local 514 … the offer did not require any concessions from the union and, if accepted, would have ended this dispute.”

The employers said the offer includes a 19.2 per cent wage increase over a four-year term along with an average lump sum payment of $21,000 per qualified worker, but the union said it did not address staffing levels given the advent of port automation technology in terminals such as DP World’s Centerm in Vancouver.

After talks broke off, the union accused the employers of “showing flagrant disregard for the seriousness of their lockout.”

Local 514 president Frank Morena said in a statement on Saturday that the union is “calling on the actual individual employers who run the terminals to order their bargaining agent — the BCMEA — to get back to the table.”

“We believe the individual employers who actually run the terminals need to step up and order their bargaining agent to get back to the table and start negotiations and stop the confrontation,” Morena said.

No further talks are currently scheduled.

According to the Canada Labour Code, the labour minister or either party in a dispute can request a mediator to “make recommendations for settlement of the dispute or the difference.”

In addition, Section 107 of the Code gives the minister additional powers to take action that “seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes,” and could direct the Canada Industrial Relations Board “to do such things as the Minister deems necessary.”

Liam McHugh-Russell, assistant professor at Schulich School of Law at Dalhousie University, said Section 107 “is very vague about what it allows a minister to do.”

“All it says is that the minister can refer a problem and a solution to the Labour Board. They can ask the Labour Board to try and solve the problem,” he said.

“Maybe the minister will try to do that. It remains to be seen.”

The other option if mediated talks fail — beyond the parties reaching a solution on their own — would be a legislated return to work, which would be an exception to the normal way labour negotiations operate under the Labour Code.

Parliament is not scheduled to sit this week and will return on Nov. 18.

The labour strife at B.C. ports is happening at the same time another dispute is disrupting Montreal, Canada’s second-largest port.

The employers there locked out almost 1,200 workers on Sunday night after a “final” offer was not accepted, greatly reducing operations.

This report by The Canadian Press was first published Nov. 11, 2024.



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Man facing 1st-degree murder in partner’s killing had allegedly threatened her before

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LONGUEUIL, Que. – A man charged with first-degree murder in the death of his partner in a Montreal suburb was out on bail for uttering threats against her when she was killed.

Shilei Du was charged today with the killing of 29-year-old Guangmei Ye in Candiac, Que., about 15 kilometres southwest of Montreal.

Sgt. Frédéric Deshaies of the Quebec provincial police says their investigators were called by local police to a home in Candiac at about noon on Sunday.

The charges filed at the Longueuil courthouse against 36-year-old Du allege the killing took place on or around Nov. 7.

According to court files, Du had previously appeared at the same courthouse for allegedly uttering threats to cause death or bodily harm against Ye on Sept. 7.

Du pleaded not guilty the following day and was released on bail one day later. He had been present in court on the uttering threats charges on Nov. 6.

Du, whose current address is listed in Montreal, was arrested on Sunday at the home where Ye was killed.

The case is scheduled to return to court on Nov. 19.

This report by The Canadian Press was first published Nov. 11, 2024.

The Canadian Press. All rights reserved.



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Wisconsin’s high court to hear oral arguments on whether an 1849 abortion ban remains valid

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MADISON, Wis. (AP) — The Wisconsin Supreme Court will hear oral arguments Monday on whether a law that legislators adopted more than a decade before the Civil War bans abortion and can still be enforced.

Abortion rights advocates stand an excellent chance of prevailing, given that liberal justices control the court and one of them remarked on the campaign trail that she supports abortion rights. Monday’s arguments are little more than a formality ahead of a ruling, which is expected to take weeks.

Wisconsin lawmakers passed the state’s first prohibition on abortion in 1849. That law stated that anyone who killed a fetus unless the act was to save the mother’s life was guilty of manslaughter. Legislators passed statutes about a decade later that prohibited a woman from attempting to obtain her own miscarriage. In the 1950s, lawmakers revised the law’s language to make killing an unborn child or killing the mother with the intent of destroying her unborn child a felony. The revisions allowed a doctor in consultation with two other physicians to perform an abortion to save the mother’s life.

The U.S. Supreme Court’s landmark 1973 Roe v. Wade ruling legalizing abortion nationwide nullified the Wisconsin ban, but legislators never repealed it. When the Supreme Court overturned Roe two years ago, conservatives argued that the Wisconsin ban was enforceable again.

Democratic Attorney General Josh Kaul filed a lawsuit challenging the law in 2022. He argued that a 1985 Wisconsin law that allows abortions before a fetus can survive outside the womb supersedes the ban. Some babies can survive with medical help after 21 weeks of gestation.

Sheboygan County District Attorney Joel Urmanski, a Republican, argues the 1849 ban should be enforceable. He contends that it was never repealed and that it can co-exist with the 1985 law because that law didn’t legalize abortion at any point. Other modern-day abortion restrictions also don’t legalize the practice, he argues.

Dane County Circuit Judge Diane Schlipper ruled last year that the old ban outlaws feticide — which she defined as the killing of a fetus without the mother’s consent — but not consensual abortions. The ruling emboldened Planned Parenthood to resume offering abortions in Wisconsin after halting procedures after Roe was overturned.

Urmanski asked the state Supreme Court in February to overturn Schlipper’s ruling without waiting for lower appellate courts to rule first. The court agreed to take the case in July.

Planned Parenthood of Wisconsin filed a separate lawsuit in February asking the state Supreme Court to rule directly on whether a constitutional right to abortion exists in the state. The court agreed in July to take that case as well. The justices have yet to schedule oral arguments.

Persuading the court’s liberal majority to uphold the ban appears next to impossible. Liberal Justice Janet Protasiewicz stated openly during her campaign that she supports abortion rights, a major departure for a judicial candidate. Usually, such candidates refrain from speaking about their personal views to avoid the appearance of bias.

The court’s three conservative justices have accused the liberals of playing politics with abortion.

The Canadian Press. All rights reserved.



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