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

The poster of the Unbound Film Festival. Photo: Vanessa Lozecznik
Diversity, mental health and addiction the focus of new Kootenay film program and festival

8 participants will receive free hands-on lessons on filmmaking from various experts in the industry to help produce a film that contributes to discussions surrounding mental health, diversity and addiction

Photo: pixabay.com
Creston’s Lectric Avenue Electronics warns of online scammers after spike in hacks

In the past week, 10 to 12 customers have called in or stopped by the store requiring assistance after their gadgets were corrupted and bank accounts compromised

Seniors in the Interior Health region can book their COVID-19 vaccinations starting Monday, March 8, 2021 at 7 a.m. (File photo)
Seniors in Interior Heath region can book COVID-19 shots starting Monday

Starting March 8 the vaccination call centre will be open 7 a.m. to 7 p.m. daily

Interior Health reported 33 new COVID-19 cases on March 5. (Black Press Files)
Interior Health reports 33 new COVID-19 cases on March 5

Over 300,000 vaccine doses have been administered provincewide.

The James C Richardson Pipe Band marches in a Remembrance Day parade on Nov. 11, 2019 in Chilliwack. Wednesday, March 10 is International Bagpipe Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of March 7 to 13

International Bagpipe Day, Wash Your Nose Day and Kidney Day are all coming up this week

(The Canadian Press)
‘Worse than Sept. 11, SARS and financial crisis combined’: Tourism industry in crisis

Travel services saw the biggest drop in active businesses with 31 per cent fewer firms operating

Pictures and notes in from friends and classmates make up a memorial in support and memory of Aubrey Berry, 4, and her sister Chloe, 6, during a vigil held at Willows Beach in Oak Bay, B.C., on December 30, 2017. THE CANADIAN PRESS/Chad Hipolito
Mother of slain daughters supports recent changes to Canada’s Divorce Act

Sarah Cotton-Elliott said she believed her children took a back seat to arranging equal parenting

Victoria man Brett Andersen is asking for people’s help to secure him one of eight free tickets to the moon. (Screenshot/@brettandersen Instagram)
Victoria man wants your help securing a free ticket to the moon

Japanese billionaire offering eight people a trip to the moon

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The Conservation Officers Service is warning aquarium users after invasive and potentially destructive mussels were found in moss balls from a pet store. (BC Conservation Officers Service/Facebook)
Aquarium users in B.C. warned after invasive mussels found at pet store

Conservation officers were told the mussels were found in a moss ball from a Terrace pet store.

Hockey hall-of-fame legend Wayne Gretzky, right, watches the casket of his father, Walter Gretzky, as it is carried from the church during a funeral service in Brantford, Ont., Saturday, March 6, 2021. HE CANADIAN PRESS/Nathan Denette
Walter Gretzky remembered as a man with a ‘heart of gold’ at funeral

The famous hockey father died Thursday at age 82 after battling Parkinson’s disease

Donald Alan Sweet was once an all star CFL kicker who played for the Montreal Alouettes and Montreal Concordes over a 13-year career. Photo courtesy of Mission RCMP.
Ex-B.C. teacher who was CFL kicker charged with assault, sexual crimes against former students

Donald Sweet taught in Mission School District for 10 years, investigators seek further witnesses

Most Read