Latest news with #NovaScotiaSupremeCourt
CBC
24-07-2025
- Politics
- CBC
Acadians in Chéticamp area a step closer to getting new provincial riding
Nova Scotia's electoral boundaries commission is considering creating a new constituency in the Chéticamp area and if approved by the government, it would become the fourth protected Acadian riding in the province. Jules Chiasson, who is originally from Chéticamp and is director general of the Fédération acadienne de la Nouvelle-Écosse in Halifax, said the French-speaking people of northern Inverness County deserve their own representative in the legislature. "We didn't have anybody for the past 100 years, so it's time to give justice to Chéticamp for all the injustice that was done throughout the years," he said Wednesday after a public hearing by the boundaries commission. He said Chéticamp used to have its own hospital and several banks, service stations and fish plants, and being part of the larger riding of Inverness has hurt the community's economy. "If we had had an effective representation at the [legislature], I think we could have at least kept some of that economic boom that we had at the time," he said. "I think we lost all that because nobody was there to speak for Chéticamp." One presenter said the community landed $85 million worth of lobster and snow crab in the past year, but Chiasson said that money does not get reinvested in the community. He said that's one economic reason why the region needs its own representative in provincial affairs. Darlene Doucet said Chéticamp used to have its own large hospital and has had to struggle to keep its long-term care facility in the community. When those are lost, the community loses access to French-language services, she said. "We're looking for somebody who can fight for the needs that we have and health care," said Doucet. The ridings of Argyle, Clare and Richmond have been set aside for Acadians for years and Preston has been designed to ensure effective representation for Black Nova Scotians. Despite requesting a protected riding since 1992, French-speaking people around Chéticamp have been lumped in with the rest of the Inverness constituency. Réjean Aucoin argued and won the case for Chéticamp in Nova Scotia Supreme Court last year. The boundaries commission has since drawn up four possible scenarios for a new Chéticamp riding running from Meat Cove at the northern tip of Inverness to roughly the Margaree Harbour area. 'It's the only possible one' Aucoin, who's also a senator from Chéticamp and spoke at the boundaries commission hearing this week, said afterward he was only there as a citizen. But he said the first scenario, whose southern boundary is at Doyle's Bridge on the Margaree River, is the best one. "Even with [that scenario], we're under 50 per cent electors that speak French, so it's the only possible one," Aucoin said. "Every other scenario would have like 25 or 30 per cent." Aucoin said the Margaree River has historically been a physical boundary between the French and English communities. He said he expects that first scenario will be recommended to the government, with a slight boundary adjustment to include the mountains and Pembroke Lake in the Acadian territory. "It's going to happen that we will get a riding for the Chéticamp area," Aucoin said. "The only question to decide is where is the south line going to be." He and others at the hearing also called on the boundary commission to recommend the Acadian riding be made permanent, and asked the commission to recommend the provincial government call a byelection within six months of its final decision. Several pointed out that the French-speaking population has declined over the years, saying any further delay in creating the riding makes it more difficult to ensure the elected representative is an Acadian. Boundaries commission chair Ken Deveau said even if a new riding is carved out to include people of Acadian descent, there's no guarantee the elected representative will be Acadian. He said that's up to political parties, riding associations and voters. "The hard part in all of this is not the commission's work," Deveau said. "It's what will come after for the people in the community. That's up to the electors after that." The commission expects an interim report will be available for public comments next month and its final recommendation to the province is due by the end of January.
Global News
18-06-2025
- Global News
Woman who spent 16 days in ‘dry cell' confinement settles civil lawsuit
A woman who says she endured cruel and unusual punishment in a Nova Scotia prison has settled a civil lawsuit she filed against the federal attorney general almost five years ago. Lisa Adams filed the lawsuit after she was placed in solitary confinement in what is commonly referred to as a dry cell for 16 days. Dry cells have no toilet or running water. They are used to monitor inmates to determine if they have ingested contraband or hidden it inside a body cavity. Adams' lawyer issued a brief statement confirming the settlement, but Mike Dull said he could not disclose terms of the settlement or details about financial compensation. '(Adams') advocacy around the use of dry cells in Canadian correctional facilities — an invasive, degrading and ultimately unlawful practice — has resulted in a national shift,' Dull said Monday in a statement. 'Thanks to her bravery, this harmful practice has now been banned across Canada.' Story continues below advertisement In a statement of claim filed in November 2020 with Nova Scotia Supreme Court, Adams says she was locked in a dry cell after correctional officers at the Nova Institution for Women in Truro, N.S., wrongly accused her of hiding drugs in 'balloon-like packages' in her vagina. The statement says conditions in the cell were 'harsh, humiliating and harmful.' In a separate court case, a Nova Scotia Supreme Court justice ruled in November 2021 that Adams' constitutional rights had been violated, and he ordered Ottawa to reform provisions of corrections law that discriminate against women. Justice John Keith's decision determined the law did not take into account that a substance suspected to be hidden in a woman's vagina wouldn't necessarily be expelled during detention. He said that created a risk that women would be unjustly detained. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Though Adams won that case, it was a Charter challenge that answered a question of law. As a result, she was not awarded compensation. In the 2020 statement of claim for her civil lawsuit seeking damages, Adams says that she was sent to the prison in Truro after she was accused of using crystal meth at a community residential facility in Cape Breton on May 2, 2020. The statement says her well-documented history of mental health issues were exacerbated by her lengthy stay in the dry cell. Story continues below advertisement 'On the first day of her placement (on May 6, 2020), the acting chief of health services (at the prison) … expressed concern … that a prolonged stay in such an environment would likely result in a deterioration in mental stability,' the statement says, adding that Adams repeatedly denied possessing any contraband. Adams started having suicidal thoughts as her mental health declined, according to a health worker whose observations were ignored by prison staff, the statement of claim says. Six days into her stay in the dry cell, Adams was taken to a hospital for an X-ray, but a doctor turned down the request because it wasn't considered a medical procedure, the statement says. The next day, a doctor was summoned to the prison to conduct a pelvic exam on Adams, but the physician cancelled the exam because Adams was suffering from hallucinations and incoherent speech. On Day 14 of her incarceration, another doctor conducted a pelvic exam and found 'no foreign bodies' in her vaginal cavity or elsewhere on her body. Still, Adams was forced to stay another two days in the cell before she was released back into the prison's general population. The statement of claim says Adams was placed in the cell without lawful justification and was subjected to unacceptable conditions that included: constant exposure to bright lights; constant monitoring of all showers and toilet usage; denial of meaningful human contact; denial of outdoor privileges and constant observation from behind a glass wall. Story continues below advertisement The lawsuit says Correctional Service Canada owed Adams a duty of care, but instead it was negligent by failing to safeguard her physical and emotional needs, as well as 'permitting cruel, unusual and excessive punishments.' The lawsuit goes on to say prison officials also disregarded medical evidence of substantial harm. In a statement of defence, the attorney general of Canada said that a urine sample taken after Adams was placed in the dry cell indicated she had ingested methamphetamines after arriving at the prison. And the document says Adams had reasonable access to legal counsel and medical care. It also says Adams declined body cavity and X-ray searches on May 12-13, 2020. The statement, however, goes on to say the federal government 'acknowledges that the confinement of the plaintiff in a dry cell in the circumstance of this case was regrettable.' In April 2022, the federal government announced it would ban dry celling for inmates suspected of carrying contraband in their vaginas. And in October 2024, Ottawa introduced regulations to limit the duration of dry cell detentions, improve inmate monitoring and begin using body scanners to detect contraband. 'While the civil case has been resolved, the impact of (Adams') actions will be felt far beyond her own experience,' Dull said. 'She stood up not just for herself, but for the rights and dignity of women across the country.'
CBC
02-05-2025
- CBC
Bedford vice-principal who was stabbed by student files lawsuit
A high school vice-principal who was stabbed by a student two years ago in Bedford, N.S., is suing the school's security guard, the Halifax Regional Centre for Education and the province, saying the incident was preventable. A statement of claim filed on Monday in Nova Scotia Supreme Court says Wayne Rodgers of Middle Sackville, N.S., was stabbed twice by the student at Charles P. Allen High School on March 20, 2023, causing physical and psychological injuries. The teen — who was 15 at the time of the incident — had four knives in his possession when he was called to the school office to explain putting up unauthorized posters in the school, court heard during the criminal case. During a discussion about possible consequences, he stabbed the vice-principal twice. Rodgers had to have a tube inserted in his chest after he was taken to hospital and required surgery for an injury to his diaphragm. The staff member who heard his screams was also stabbed. The boy, whose identity is protected under the Youth Criminal Justice Act, pleaded guilty to two counts of aggravated assault. He was sentenced last September to two years of probation. The allegations The statement of claim alleges the school's full-time security guard failed to recognize that the student was becoming agitated and aggressive and failed to take steps to de-escalate the situation. It also alleges the guard was negligent in leaving Rodgers alone with the student "after causing the student to become agitated and aggressive," and negligent in closing the vice-principal's door when leaving, "which ultimately locked from the outside and trapped the plaintiff inside with the student." The lawsuit alleges the Halifax Regional Centre for Education negligently employed the security guard, who did not have proper training in "search and seizure or de-escalation procedures or techniques." It also alleges the regional centre and the province failed to take appropriate steps to provide for the physical safety of employees, despite being aware of the history of violence at the school and "specific concerns regarding the student." It goes on to detail Rodgers's physical and psychological injuries. "The plaintiff says that this incident was preventable, and the losses and damages he suffered were caused in whole or in part by the negligent acts and/or omissions of the defendants," the statement of claim says. The lawsuit seeks damages, but does not specify an amount. The allegations have not been proven in court and a notice of defence has not yet been filed. A spokesperson for Halifax Regional Centre for Education declined to comment on Friday, saying the matter is before the courts. But Lindsey Bunin did confirm Rodgers is on leave. Robert Carter, Rodgers's lawyer, did not immediately return a request for comment Friday. A spokesperson for the province's Justice Department said it would not be appropriate to comment on a matter before the courts.
CBC
28-02-2025
- CBC
Halifax man gets house arrest for carrying loaded gun, cocaine trafficking
A 29-year-old Halifax man has escaped a prison sentence for carrying a loaded handgun and trafficking in cocaine in 2020. Nathaniel Dominic White has been sentenced to two years of house arrest, followed by two years of probation. Nova Scotia Supreme Court Justice Peter Rosinski released his sentencing decision on Friday, detailing why he opted for less than what the Crown was seeking, and what is typical in cases like this. The Crown had been asking for a five-year sentence. In their brief, prosecutors laid out their reasons for seeking a harsher sentence. "Handguns are killing machines that serve no purpose but to extinguish life, maim, and intimidate," the Crown brief reads. "In the hands of a cocaine dealer, the chance that they will be used to such pernicious effect multiplies." In his decision, Rosinski placed a lot of weight on the Impact of Race and Cultural Assessment that had been prepared for White's sentencing. It spoke at length about White's difficult upbringing in what it described as "low income, crime infested communities." Two of his brothers, Decoda and Ryan, were murdered, and the family had to move abruptly to try to escape the violence. Shots were fired into their home on a couple of occasions. "One evening two armed men in ski masks kicked in the front door to the residence," the author of the report wrote. "These individuals had guns and were threatening the family. Ms. White (Theresa White, Nathaniel's mother) managed to grab her cell phone and call 911. She said the intruders took off before law enforcement arrived." In handing down the suspended sentence, Rosinski noted that White has managed to stay out of trouble since his conviction. White has attributed his change in behaviour to the fact he has a young child, with another one on the way, and he wants to set a good example.
CBC
25-02-2025
- General
- CBC
Former Africville residents still fighting more than 50 years after community was razed
Former residents of the historic Black community of Africville are waiting for another court ruling they hope will pave the way for their decades-long fight for compensation. Those who did not agree with a 2010 settlement that came out of an action that began in 1996 have continued their fight, more than 50 years since the city tore down the community in Halifax's north end to make way for the A. Murray MacKay Bridge. "It's gone on too long," said Nelson Carvery, whose father, Aaron (Pa) Carvery, was the last resident to leave the community on the shore of the Bedford Basin in 1970. He was one of about 400 people from 80 families who lived in Africville, which was settled in the 1800s and established as a predominantly African Nova Scotian community for more than 150 years. Nelson Carvery, now 82, was not involved in the original lawsuit and wasn't happy with the outcome. That agreement between Halifax Regional Municipality and the Africville Genealogy Society did not involve individual compensation but instead included a public apology and $3 million and a hectare of land to rebuild the Africville church, among other things. Carvery is now the only named plaintiff in the ongoing action and is supported by others who want to join. While his case did not meet requirements for a class-action suit, his lawyer is arguing it could still be a multi-plaintiff action. Robert Pineo argued in Nova Scotia Supreme Court in January that residents who farmed, fished and ran businesses were not sufficiently compensated for their loss. "I would like to see the community given back to us — all the land that's not being used given back to the people of Africville," said Carvery, who was born in the community. After hearing arguments from Pineo and the response of the municipality, the court is next expected to rule on criteria that people would need to meet to join the action as additional plaintiffs. According to court documents from the city, 51 people were listed as plaintiffs as of 2012. Another 93 with connections to the community of Africville also now want to join. Warren Grant is among those hoping to be a part of the case. He was also born in Africville, which is now a National Historic Site and holds a UNESCO designation. He said the impact of having to leave has had a lasting effect. "I would like to see money, for starters, and maybe a piece of property to put a house on," Grant said. His family lived on a large piece of land in the community, he said, with a nice home he had hoped would be part of his inheritance. "I'm hurt by it, I still am, big time," Grant said. In its arguments before the court, Halifax said it does not believe any of the additional 93 proposed plaintiffs should be allowed to join the action and that many of the 51 listed as plaintiffs do not qualify either. It said between 1965 and 1967, more than 70 Africville residents gave up their interest in the land by signing agreements known as indentures, effectively ending their property rights. It says none of those people or their descendants should be allowed to be part of the action. It also opposes allowing people who were minors at the time to join. Generations of pain But some are making the case they also have legitimate claims, since they were too young to know what was happening and then lost the chance to be a part of their home community. "We grew up pretty poor, we struggled as a family growing up," said Wayne Adams, whose mother moved to Uniacke Square after being displaced. "If things didn't take place the way they did, how would that have affected my life today in terms of how I grew up?" said Adams, 59. The losses are about much more than money, said Terry Wilson. Wilson, 60, said seeing the community knocked down has caused trauma for many. "All experienced the difficulties of picking up the pieces from the devastation that was brought to the community," Wilson said. "To try to make sense of a life going forward." 'When I die, most of this stuff will go with me' In support of its position, the city is referring to an act the province passed in 1964, which amended the law to specifically allow it to acquire the Africville land. That's not being disputed by Carvery's lawyer, who agrees the city had legal authority to go ahead with the expropriation. However, he is arguing Halifax did not follow procedures correctly when it carried out its plan. Central to Carvery's case, Robert Pineo said, is how Halifax failed to publish an expropriation notice in a local newspaper, which he said should have happened under the city charter and provincial legislation. Carvery is hoping these arguments can be made in a trial within the next year or two so he can still be around to see it. "I reach out everywhere I can because when I die, most of this stuff will go with me." His lawyer expects the judge will outline the next steps in the case in the next couple of months.
