It has been more than 25 years since the Arbour Commission pointed out that the rule of law is not operating behind prison bars. Madame Justice Arbour stated that it would require other components of the justice system to ensure that the rule of law is respected within prisons. This panel, composed of Lisa Kerr, Queen’s University Law Professor, Tom Engel, President of the Canadian Prison Lawyers Association, and Shane Martinez, lawyer, explores the extent to which criminal law could be a tool to address abuse behind bars and promote respect for the rule of law. The panel looks at certain Criminal Code provisions that might be violated in prisons, how these could be fairly investigated, and what standards would need to be met for correctional officials to be held criminally responsible.
Watch our panel session on this topic here.