International Treaties
Treaties are international agreements that are signed on to by various countries. Countries that sign them are then obligated to implement what they have agreed to. The courts don’t have to follow treaties, but when Canada signs and ratifies a treaty, that can be used to show what Canada is saying to the rest of the world about the laws and rights the government supports. For example, the fact that Canada is a signatory to the UN Standard Minimum Rules for the Treatment of Prisoners should mean that Canadian prisoners are treated in accordance with the standards set out in this treaty.

Other examples of treaties that Canada has signed that relate to women in prison are the Universal Declaration of Human Rights,⁹ United Nations Convention Against Torture,¹⁰ United Nations International Covenant on Civil and Political Rights,¹¹ and the United Nations Convention on the Elimination of All Forms of Discrimination Against Women¹²

Reports/Commissions
In addition to the various legal documents related to the rights of prisoners, there have been a number of reports and inquires in Canada related to the treatment of women in prison. These include the Commission of Inquiry into Certain Events at the Prison for Women in Kingston (otherwise known as the Arbour Commission), 1996,¹³ and the Systemic Review of Human Rights in Correctional Services for Federally Sentenced Women, 2003, by the Canadian Human Rights Commission.¹⁴ These reports highlighted problems in our prison systems and made several important recommendations. Although the findings from these reports do not result in binding law, the recommendations may influence policy.

Can I challenge an unfair law, policy, or decision?
Canada recognizes that a “prison sentence deprives a [prisoner] of her right to liberty, but it should not deprive [her] of other rights. Infringements of other rights…can be justified only if they are necessary to give effect to the sentence.” ¹⁵

As noted above in the discussion of the Charter of Rights and Freedoms, you can challenge an unfair law or policy through a Charter challenge, and the case may ultimately be decided by the Supreme Court of Canada. However, there are other ways - at lower levels - that you can challenge unfair laws, regulations, policies and decisions that affect you. These are outlined at the end of this booklet in the section on “remedies.” (see Part VI.)