Degree
Master of Laws
Program
Law
Supervisor
Professor Christopher Sherrin
Abstract
Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that solitary confinement unduly violates Aboriginal women’s Charter section 15 right against discrimination, and therefore, Aboriginal women must not be subjected to it. Hopefully, a discrimination challenge against solitary confinement spearheaded by Aboriginal women will pave the way for future discrimination challenges by other vulnerable women.
Recommended Citation
Phillips-Osei, Winnie, "Cracking Down on Cages: Feminist and Prison Abolitionist Considerations for Litigating Solitary Confinement in Canada" (2018). Master of Laws Research Papers Repository. 3.
https://ir.lib.uwo.ca/llmp/3
Included in
Constitutional Law Commons, Criminal Law Commons, Human Rights Law Commons, Immigration Law Commons, International Law Commons, Jurisprudence Commons, Law and Gender Commons, Law and Philosophy Commons, Law and Politics Commons, Law and Psychology Commons, Law and Race Commons, Law and Society Commons, Law Enforcement and Corrections Commons, Legal History Commons, Litigation Commons