Court determines judge erred in ruling on inmate lockdowns at Burnside jail

CBC News

· Posted: Mar 14, 2025 4:57 PM EDT | Last Updated: 3 minutes ago

The Nova Scotia Court of Appeal says a Nova Scotia Supreme Court justice erred successful his rulings related to inmate lockdowns astatine the Central Nova Scotia Correctional Facility.

In a January 2024 ruling, Justice Peter Rosinski found inmates Durrell Diggs and Ryan Wilband experienced "ongoing worldly deprivation" of their liberty portion incarcerated astatine the Burnside jail in Dartmouth, N.S., successful the autumn of 2023.

In a determination dated March 13, 2025, the Nova Scotia Court of Appeal said Rosinski improperly utilized habeas corpus to code systemic issues astatine the jail, which was "beyond the scope of specified proceedings."

In a habeas corpus application, a judge considers the conditions of a person's confinement to decide if their Charter rights person been violated and they should beryllium granted a remedy, like more clip retired of their cell.

Diggs and Wilband made separate applications that argued rotational lockdowns due to staff shortages astatine Burnside unlawfully deprived them of their "residual liberty."

The Appeal Court said it was not wrong Rosinski's jurisdiction connected a habeas corpus application to make recommendations connected however unit shortages should beryllium addressed.

Rosinski besides issued declarations that would interaction comparable cases, which the Appeal Court noted was besides an inappropriate usage of habeas corpus.

The tribunal said the issue should beryllium addressed through different ineligible avenues, like Charter challenges oregon a judicial review.

"Habeas corpus applications are not intended to beryllium a reappraisal of however correctional facilities are managed," the Appeal Court judges wrote successful their decision.

As a result, the tribunal said Rosinski's declarations that the lockdowns of Diggs and Wilband were unlawful "cannot basal and are hereby acceptable aside."