Fundamental Interests and Fundamental Justice - The Right to Participate in Decision-Making in Canadian Prisons: Piche v. Solicitor General of Canada

Abstract

In Piche v. Solicitor General of Canada, the trial judge and Federal Court of Appeal rejected the claim that prisoners' section 7 rights under the Canadian Charter of Rights and Freedoms were violated when a penitentiary implemented a double-bunking policy, without notice or consultation with inmates. The comment reviews the evidence submitted at trial, and assesses whether the inmates' rights to life, liberty and security of the person were affected by the double-bunking decision, and whether the principles of fundamental justice were upheld. The comment concludes that failure to recognize the relationship between participation and justice is particularly unfortunate in the prison context, since participation in the elaboration of prison rules may be the most effective mechanism for ensuring that inmates' constitutional rights in prison are respected.

Keywords: Piche, Canada, Solicitor General, prison, prisoners, jail, penitentiary, Charter of Rights, section 7, life, liberty, security, inmates, fundamental justice, participation, constitution