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Showing posts from June, 2023

Delegated Statutory Authority - Can Trudeau REALLY Put Bernardo Back in Millhaven?

 So the newest 'scandal' is that Paul Bernardo, basically the epitome of evil within the Canadian context, has been reclassified into a medium security institution. Poilievre thinks this is outrageous, and that the government should just pass a regulation saying that a 'class' of offenders that captures Bernardo - say, 'multiple murderers' - automatically and always get maximum security classification. So let's look at this: Is it possible? Short answer is 'probably not'. It's a pretty superficial and simplistic understanding of Ministerial powers. The Framework We start here with the Corrections and Conditional Release Act , which governs our prison administration. Section 29.1 allows the Commissioner of Corrections to classify different institutions as maximum, medium, minimum, or multi-level security, and directs the CSC to assign classifications to each inmate, in accordance with the directions in the regulations. They have to give reasons fo