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

A dose of COVID-19 vaccine is prepared at a vaccination clinic in Montreal’s Olympic Stadium on Tuesday, Feb. 23, 2021. THE CANADIAN PRESS/Paul Chiasson
39 new cases of COVID-19 in Interior Health region

The total number of cases in the region since the pandemic began is now at 7,334

The Site C Dam location is seen along the Peace River in Fort St. John, B.C., Tuesday, April 18, 2017. The cost of British Columbia’s Site C hydroelectric dam has grown to $16 billion and the completion has been moved up a year to 2025. THE CANADIAN PRESS/Jonathan Hayward
BC Liberal energy critic blasts ‘lack of transparency’ on Site C

MLA Tom Shypitka says Site C going ahead is a ‘good thing’, blames NDP for mismanagement

Kootenay-Columbia MP Rob Morrison speaks during Question Period in the House of Commons. File photo.
Kootenay-Columbia MP supports motion condemning Uighur genocide

Rob Morrison says labelling Uighur persecution as a genocide sends a message to Chinese government

The BC Prosecution Service announced last year that it was appointing lawyer Marilyn Sandford as a special prosecutor to review the case, following media inquiries about disclosure issues linked to a pathologist involved in the matter. (Black Press Media files)
Possible miscarriage of justice in Cranbrook woman’s conviction in toddler drowning: prosecutor

Tammy Bouvette was originally charged with second-degree murder but pleaded guilty in 2013 to the lesser charge

A rainbow shining on Kelowna General Hospital on May 12, 2020 International Nurses Day. (Steve Wensley - Prime Light Media)
New COVID cases trending down in Interior Health

24 new cases reported Thursday, Feb. 25, death at Kelowna General Hospital

A health worker holds a vial of AstraZeneca vaccine to be administered to members of the police at a COVID-19 vaccination center in Mainz, Germany, Thursday, Feb. 25, 2021. The federal state of Rhineland-Palatinate, start with the vaccination of police officers in internal police vaccination centers. (Andreas Arnold/dpa via AP)
B.C. officials to unveil new details of COVID vaccination plan Monday

Seniors and health-care workers who haven’t gotten their shot are next on the list

An investigation is underway after a man was shot and killed by Tofino RCMP in Opitsaht. (Black Press Media file photo)
Man shot and killed by RCMP near Tofino, police watchdog investigating

Investigation underway by Independent Investigations Office of British Columbia.

B.C. Supreme Court in Vancouver on Tuesday December 11, 2018. THE CANADIAN PRESS/Darryl Dyck
B.C.’s compromise on in-person worship at three churches called ‘absolutely unacceptable’

Would allow outdoor services of 25 or less by Langley, Abbotsford and Chilliwack churches

Baldy Mountain Resort was shut down on Saturday after a fatal workplace accident. (Baldy Mountain picture)
Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Jasmine and Gwen Donaldson are part of the CAT team working to reduce stigma for marginalized groups in Campbell River. Photo by Marc Kitteringham, Campbell River Mirror
Jasmine’s story: Stigma can be the hardest hurdle for those overcoming addiction

Recovering B.C. addict says welcome, connection and community key for rebuilding after drug habit

A Vancouver restaurant owner was found guilty of violating B.C.’s Human Rights Code by discriminating against customers on the basis of their race. (Pixabay)
Vancouver restaurant owner ordered to pay $4,000 to customers after racist remark

Referring to patrons as ‘you Arabs’ constitutes discrimination under B.C.’s Human Rights Code, ruling deems

Nanaimo children’s author and illustrator Lindsay Ford’s latest book is ‘Science Girl.’ (Photo courtesy Lindsay Ford)
B.C. children’s writer encourages girls to pursue the sciences in new book

Lindsay Ford is holding a virtual launch for latest book, ‘Science Girl’

Most Read