December Update 2008
A Setback for Human Rights Protection:
Federal Court of Appeal Rules in Afghan Prisoner Case

BCCLA Heads to Supreme Court of Canada
to Challenge Limits On Access to Government Information

afghanThe BCCLA and Amnesty International expressed their considerable dismay that the Federal Court of Appeal has upheld a March 2008 Federal Court ruling that the Canadian Charter of Rights and Freedoms has no application to the actions of Canadian soldiers who handle prisoners apprehended in the course of fighting in Afghanistan.

The courts of a number of other countries, including the United States and the United Kingdom, have recognized that the constitutional and other national human rights protections of those countries do extend to the actions of their military personnel when operating abroad. “Canada is increasingly isolated among its allies in maintaining the view that this country’s preeminent human rights document has no application to military forces once they leave Canadian soil,” stated Grace Pastine of the BCCLA.

News release >>

supremeThe BCCLA will intervene at the Supreme Court of Canada in Ministry of Public Safety and Security et al. v. Criminal Lawyers' Association, a case concerning the right of the public to access government information.

The case is a constitutional challenge to Ontario’s Freedom of Information and Protection of Privacy Act. Ontario’s access to information legislation gives the government an absolute right to withhold government information by saying its release would compromise law enforcement activities or solicitor-client information, even when there is a compelling public interest in disclosure.

The BCCLA will argue that portions of Ontario’s access to information legislation infringe the Charter right to freedom of expression, which includes a right to an open and transparent government.

News release >>
BCCLA Says Translink Shouldn’t Unleash Plan
for Sniffing Transit Users
BCCLA Calls for Reinstating Prison
Parenting Program

The BCCLA says that Translink’s proposal to introduce police dogs to sniff transit users is unjustified and will violate people’s rights. Translink’s plan calls for the introduction of police sniffer dogs on Skytrain and select transit stations.

“This represents a massive intrusion into the rights of transit users. Authoritarian regimes use animals to control people. We are supposed to be readying Vancouver as a showcase to the world of a peaceful and democratic country. Yet once again a security measure is being sprung on us without consultation or debate. Will anyone really believe that this proposal to engage in mass searches of the public is driven by anything other than the Olympics?” asked Rob Holmes, President of the BCCLA.

News release >>

jailThe BCCLA is calling on the provincial government to reinstate the mother-child program at the Alouette Correctional Centre for Women. The BCCLA released a position paper on child apprehensions in BC correctional facilities and called on the Solicitor General and Minister for Children and Family Development to bring the program back.

BCCLA board member Megan Vis-Dunbar: “The loss of the mother-child program in correctional facilities is an unjustified infringement on the rights of both the parents and the children. Apprehending newborns from female inmates causes serious harm to the child’s psychological and emotional development and profound psychological stress to the parent. In addition, these harms disproportionately affect Aboriginal women and children because of the over-representation of Aboriginal women in Canadian prisons.”

News release >>
Letter to Ministers van Dongen and Christensen >> BCCLA position paper >>

Civil Liberties Champions

reminderThe BCCLA is relying on your support to continue defending civil liberties and human rights across Canada! Please remember to renew your membership and make a charitable donation before December 31 to receive a tax receipt for 2008. Donate now >>


Thank You!

flakeWe are grateful to our members, donors and supporters who have generously contributed to the BCCLA in countless ways during 2008. We couldn’t do the work we do without your support! Best wishes for a safe and happy holiday season from all of us at the BCCLA.


Civil Liberties Update is a summary of some of the B.C. Civil Liberties Association's recent work. The Association publishes a newsletter, The Democratic Commitment, an annual report and posts its positions, submissions, legal arguments and news releases at www.bccla.org.

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