Pubdate: Wed, 24 Jul 2002
Source: Edmonton Journal (CN AB)
Copyright: 2002 The Edmonton Journal
Contact:  http://www.canada.com/edmonton/edmontonjournal/
Details: http://www.mapinc.org/media/134
Author: Allyson Jeffs
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

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.
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