Banafsheh Sokhansanj

A Métis federal inmate challenged correctional authorities’ use of psychological and actuarial risk tools for Indigenous offenders, alleging statutory and Charter breaches.

The Court held that authorities breached their duty under s. 24(1) of the Corrections and Conditional Release Act by continuing to rely on the tools without taking reasonable steps to confirm validity for Indigenous persons.

The Court declined to find violations of ss. 7 or 15 of the Charter on the evidentiary record.

Declaratory relief was granted in light of the prolonged and ineffective grievance history, but no broader injunctive remedy was ordered.

The Court allowed the appeals and held that former section 117 of the Immigration and Refugee Protection Act was overbroad under section 7 of the Charter.

It captured humanitarian aid, mutual aid among asylum-seekers, and assistance to family members, which fell outside Parliament’s objective of targeting organized people smuggling.

Attorney General consent to prosecute did not cure the constitutional defect.

The Court read down the former provision to exclude those protected categories and remitted the charges for trial.