News (Media Awareness Project) - CN AB: Lawsuit Claims Accused In Drug Case Suffered |
| Title: | CN AB: Lawsuit Claims Accused In Drug Case Suffered |
| Published On: | 2002-07-24 |
| Source: | Edmonton Journal (CN AB) |
| Fetched On: | 2008-08-30 04:28:36 |
LAWSUIT CLAIMS ACCUSED IN DRUG CASE SUFFERED DEGRADATION IN REMAND
Degrading and inhumane conditions at the Edmonton Remand Centre violated
the constitutional rights of 19 people charged in a major drug case,
according to a lawsuit filed in Edmonton Court of Queen's Bench.
Assaults and humiliating treatment by guards was so severe it put "undue
pressure" on the accused men and women to plead guilty and "frustrated"
their efforts to instruct lawyers, says a statement of claim filed July 15.
They are suing the federal and provincial governments for $300,000 apiece
in damages, alleging "cruel and unusual punishment" in contravention of the
Charter of Rights and Freedoms.
The statement of claim says unlawful strip searches and confinement in
segregation also violated their constitutional rights to be free from
arbitrary imprisonment and unreasonable search and seizure.
"The infliction of conditions of the remand centre ... fell below
prevailing standards of decency for the humane treatment of untried
prisoners and constituted punishment grossly disproportionate to the
legitimate purposes of their detention," the court document says.
Length of detention varied from case to case, but all were in custody for
more than 18 months.
Lawyer Nathan Whitling said charges are still pending against some
complainants; charges against others have been stayed.
No statement of defence has been filed and allegations in the statement of
claim have not been proven in court.
All the allegations have been aired in a hearing into conditions at the
remand centre. It began last year and is set to continue this fall in front
of Court of Queen's Bench Justice Richard Marceau.
More than 80 inmates, doctors, social agency staff and native elders have
filed affidavits detailing concerns over poor food, dirty clothing,
excessive lockdowns in cells, racist guards and violence at the remand centre.
The hearing was triggered by a motion from lawyer Tom Engel, who argued
that conditions at the centre were so bad that those charged should be
released on bail.
Degrading and inhumane conditions at the Edmonton Remand Centre violated
the constitutional rights of 19 people charged in a major drug case,
according to a lawsuit filed in Edmonton Court of Queen's Bench.
Assaults and humiliating treatment by guards was so severe it put "undue
pressure" on the accused men and women to plead guilty and "frustrated"
their efforts to instruct lawyers, says a statement of claim filed July 15.
They are suing the federal and provincial governments for $300,000 apiece
in damages, alleging "cruel and unusual punishment" in contravention of the
Charter of Rights and Freedoms.
The statement of claim says unlawful strip searches and confinement in
segregation also violated their constitutional rights to be free from
arbitrary imprisonment and unreasonable search and seizure.
"The infliction of conditions of the remand centre ... fell below
prevailing standards of decency for the humane treatment of untried
prisoners and constituted punishment grossly disproportionate to the
legitimate purposes of their detention," the court document says.
Length of detention varied from case to case, but all were in custody for
more than 18 months.
Lawyer Nathan Whitling said charges are still pending against some
complainants; charges against others have been stayed.
No statement of defence has been filed and allegations in the statement of
claim have not been proven in court.
All the allegations have been aired in a hearing into conditions at the
remand centre. It began last year and is set to continue this fall in front
of Court of Queen's Bench Justice Richard Marceau.
More than 80 inmates, doctors, social agency staff and native elders have
filed affidavits detailing concerns over poor food, dirty clothing,
excessive lockdowns in cells, racist guards and violence at the remand centre.
The hearing was triggered by a motion from lawyer Tom Engel, who argued
that conditions at the centre were so bad that those charged should be
released on bail.
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