The Canadian Press
VANCOUVER 鈥� British Columbia鈥檚 government violated the rights of incarcerated mothers when it cancelled a program allowing inmates to serve time with their babies, a sa国际传媒 Supreme Court judge has ruled.
The lawsuit was launched in 2008 by two former inmates of the Alouette Correctional Centre for Women in Maple Ridge after a prison official cancelled the program because infants were not within the mandate of the correctional service.
Justice Carol Ross ruled Monday the decision violated the mothers鈥� equality rights and security of person and liberty, contrary to the principles of fundamental justice under the charter of rights.
鈥淭he decision to cancel the Mother Baby Program removed one important option, the one presumed at law to be favourable, from the process of determining the best interests of the child,鈥� said Ross.
鈥淎s a result, infants have been and will be separated from their mothers during the critical formative period of their life, interfering with their attachment to their mother, and depriving them of the physical and psychological benefits of breastfeeding.鈥�
Mothers, too, will continue to suffer from being separated from their infants, Ross added, concluding the decision to cancel the program was 鈥渁rbitrary, overbroad and grossly disproportionate.鈥�
She said it was also contrary to the principles of fundamental justice.
鈥淧rovincially sentenced mothers and their babies are members of a vulnerable and disadvantaged group,鈥� she said.
鈥淚n that regard the circumstances of aboriginal mothers and their infants are of particular concern given the history of overrepresentation of aboriginal women in the incarcerated population and the history of dislocation of aboriginal families caused by state action.鈥�
Geoff Cowper, legal counsel for some of the plaintiffs, said he is pleased with the ruling, adding the women showed considerable courage and determination.
鈥淭here鈥檚 a compelling record, I think, record to revisit the whole issue, and I鈥檓 hopeful that the province will agree to reinstate the program because it stands well on its own merits, whether or not the constitution requires them to do that,鈥� he said.
The judge gave the government six months to correct the present situation and comply with her ruling.
Kasari Govender, executive director of the West Coast Women鈥檚 Legal Education and Action Fund, an intervener in the case, said the ruling creates a legal implication for the government.
鈥淭he government has to reinstate a similar program,鈥� she said. 鈥淲hat exactly that program will look like is not specified in the decision.鈥�
Grace Pastine, spokeswoman for the sa国际传媒 Civil Liberties Association, agreed that the status quo is isn鈥檛 acceptable.
鈥淭he government will no longer have the option of refusing to administer a successful program that had fundamental, proven benefits for mothers and babies,鈥� she said.
鈥淭his program was highly respected. It respected the family unit and the bond between mothers and their babies.鈥�
