TORONTO, Nov 4 (Reuters) –
A split Canadian Supreme Court on Friday ruled limits on conditional sentences are constitutional, a setback for advocates of indigenous rights who argued the provisions discriminate against indigenous people, who are overrepresented in the country’s prisons.Sign up to receive daily headline news from the Calgary Herald, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc.
A 2012 law prevents judges from giving defendants conditional sentences for certain offenses. Ontario’s Court of Appeal found these provisions violated Sharma’s rights to life, liberty and security of the person and to equal treatment under the law. Indigenous women make up half the women in Canada’s prisons and 65% of the imprisoned women classified as maximum security despite comprising less than 5% of the country’s female population.
The Canadian government appealed the Court of Appeal’s ruling, arguing it would effectively prevent the government from “enacting or amending the criminal law – unless it is to make it more lenient.” The government argued that limiting the availability of a penal sanction does not perpetuate the historic disadvantage facing indigenous offenders.
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