Jump to full article: Montreal Gazette (ca), 2009-10-23
Author: sue montgomery, gazette justice reporter
Intro: Hard-core inmates, who were forced to quit smoking cold turkey since May 2008, will be able to calm their frayed nerves – at least outdoors.
A Federal Court judge ruled Friday that a sweeping ban on smoking inside and outside prison walls “simply goes too far.”
“In our democratic society, there has been no general ban on smoking or tobacco in order to protect the health of non-smokers exposed to second-hand smoke,” Judge Luc Martineau wrote in his judgment released late Friday. “The necessary measures to protect non-smokers exposed to secondary smoke in penitentiaries should be the least restrictive possible.”
Even prisoners enjoy the rights and privileges of all citizens, except those rights that must be taken away as a necessary part of their punishment, he said.
The ruling applies to all federal penitentiaries in Canada. Smoking rules in provincial jails vary from province to province, but prisoners have always been able to smoke outside provincial prisons in Quebec.
Christa McGregor, a spokesperson for Correctional Service of Canada, said it was too early to comment on the ruling since the government has 30 days to appeal.
Jump to full article » |