Computer memory cards are shown on display in a retail store in Cranberry Township, Pa., on Thursday, May 9, 2019. THE CANADIAN PRESS/AP/Keith Srakocic

Computer memory cards are shown on display in a retail store in Cranberry Township, Pa., on Thursday, May 9, 2019. THE CANADIAN PRESS/AP/Keith Srakocic

Federal Court orders B.C. prison to return PlayStation game card to inmate

Fischer is currently serving a life term for the 1999 murder of 16-year-old Darci Drefko of Merritt, B.C.

An inmate serving time for first-degree murder has won a Federal Court battle that orders prison officials to return the memory card to his video game.

Patrick Fischer asked the court to rule after the memory card for his PlayStation One game was confiscated in 2018 as he was transferred from maximum security to a medium-security prison in B.C.’s Fraser Valley.

In the ruling, Justice Russel Zinn says not only did correction officials fail to “consider the facts surrounding Mr. Fischer’s possession and use of the memory card,” they also failed to consider the “impact” of the decision on the prisoner.

Security officers with the Correctional Service of Canada ruled the card was a removable or portable mass storage device, which inmates are not allowed to possess.

Fischer, who’s currently serving a life term for the 1999 murder of 16-year-old Darci Drefko of Merritt, B.C., argued the decision was unreasonable and misinterpreted prison policies.

Zinn ordered the card returned, finding not only had Fischer owned it and the PlayStation since 2002, while in maximum security custody, he had also received permission to replace it when the first card wore out.

“The only reasonable finding is that it was therefore an “authorized item” in (Fischer’s) possession,” Zinn says in the decision released Monday.

The ruling also finds corrections officials wrongly interpreted two key provisions of a directive regarding the type of property each inmate may possess and the risk each item poses.

“Under either or both provisions, (Fischer) ought to have been permitted to retain (the card) unless it was a safety risk,” Zinn says.

“Given that there was no such finding of a risk for 18 years in a maximum-security institution, there can be no reasonable suggestion of such a risk in a medium-security institution.”

In addition to the order to immediately return the memory card, Fischer, who represented himself at the hearing held in January, is also entitled to out-of-pocket costs of $150 from the Attorney General of Canada.

The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Gamingprison

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Pastafarian Gary Smith, pictured here dressed as a pirate, wanted to wear his tricorn (also pictured here) in his driver’s licence photo, arguing that the display was a religious observance. Photo: Facebook
B.C. Pastafarian loses Supreme Court fight to wear pirate hat in driver’s licence photo

Grand Forks’ Gary Smith put his case to the Supreme Court in Rossland early last month

A man wearing a mask against coronavirus walks past an NHS advertisement about COVID-19 in London, Tuesday, Feb. 2, 2021. (AP Photo/Alastair Grant)
92 new COVID-19 cases, no new deaths: Interior Health

The region is reporting 92 cases after the weekend

The Head to Head mentorship program is intent on helping athletes like Black Jack Ski Team’s Adam Heale reach their potential. Photo: Submitted.
Olympian’s Head to Head mentorship program coming to Kootenays

Head to Head promotes mental resilience and physical wellness through mentorship program

Island Health chief medical officer Dr. Richard Stanwick receives a first dose of Pfizer vaccine, Dec. 22, 2020. (B.C. government)
COVID-19: B.C. seniors aged 90+ can start to sign up for vaccination on March 8

Long-term care residents protected by shots already given

The fundraising effort to purchase 40 hectares west of Cottonwood Lake announced its success this week. Photo: Submitted
Cottonwood Lake fundraiser reaches goal

The community group has raised $400,000 to purchase 40 hectares of forest

Langley resident Carrie MacKay shared a video showing how stairs are a challenge after spending weeks in hospital battling COVID-19 (Special to Langley Advance Times)
VIDEO: Stairs a challenge for B.C. woman who chronicled COVID-19 battle

‘I can now walk for six (to) 10 minutes a day’

Provincial health officer Dr. Bonnie Henry updates B.C.’s coronavirus situation, May 8, 2020. (B.C. government photo)
B.C.’s weekend COVID-19 cases: 532 Saturday, 508 Sunday, 438 Monday

Fraser Health still has most, eight more coronavirus deaths

Vernon’s Noric House long-term care facility’s COVID-10 outbreak has been declared over by Interior Health. (Jennifer Smith - Morning Star)
COVID outbreak at Vernon’s Noric House declared over

10 deaths were linked to the outbreak at long-term care facility

B.C. Attorney General David Eby speaks in the legislature, Dec. 7, 2020. Eby was given responsibility for housing after the October 2020 provincial election. (Hansard TV)
B.C. extends COVID-19 rent freeze again, to the end of 2021

‘Renoviction’ rules tightened, rent capped to inflation in 2022

Face mask hangs from a rear-view mirror. (Black Press image)
B.C. CDC unveils guide on how to carpool during the pandemic

Wearing masks, keeping windows open key to slowing the spread of COVID-19

Churches, including Langley’s Riverside Calvary Church, are challenging the regulations barring them from holding in-person worship services during COVID-19. (Langley Advance Times file)
Gas prices jumped in Golden to 131.9c this week, a trend that's supposed to continue into the summer. (Claire Palmer/Golden Star)
Columbia River-Revelstoke MLA Clovechok concerned as gas prices continue to rise

Fuel prices are supposed to skyrocket this summer as British Columbians await BCUC analysis

Det. Sgt. Jim Callender. (Hamilton Police Service screenshot)
B.C. man dead, woman seriously injured after shooting in Hamilton, Ont.

The man was in the process of moving to the greater Toronto area, police say

Most Read