Richards v. Springhill Institution

Richards v. Springhill Institution

The court found material breaches of procedural fairness (failure to provide timely disclosure of the scoring matrix and adequate particulars of allegations, failure to verify and investigate confidential-source intelligence and to review identified video evidence, and denial of reasonable access to counsel) and that the reclassification and involuntary transfer were unreasonable and therefore unlawful; accordingly the applicant's security classification is reverted to medium and he must be returned to a medium security institution forthwith.

Citation
2014 NSSC 121
Parties
Applicant: Ryan Ricardo Richards; Respondent: Warden (Springhill Institution); Respondent: Correctional Service of Canada; Respondent: Attorney General of Canada
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 April 2014
Procedural Posture
Habeas Corpus (security Reclassification) / Final Decision
Outcome
Habeas corpus application granted; decision increasing security classification to maximum and involuntary transfer was unlawful; security classification reverted to medium and applicant to be returned to medium security institution forthwith.
Legal Topics
Security Classification, Involuntary Transfer, Procedural Fairness, Disclosure Under S.27 CCRA, Right to Counsel, Reasonableness Review, Use of Confidential Informants, Territorial Competence
Source Language
English
Administrative Law Criminal Law Corrections Constitutional Law Habeas Corpus Security Classification Involuntary Transfer Procedural Fairness +5 more

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Parties

Ryan Ricardo Richards

Applicant

Warden (Springhill Institution)

Respondent

Correctional Service of Canada

Respondent

Attorney General of Canada

Respondent

Procedural Posture

Habeas Corpus (security Reclassification) / Final Decision

Legal Issues

  1. 1 Whether the deprivation of residual liberty from increasing security classification and involuntary transfer was lawful
  2. 2 Whether procedural fairness obligations (disclosure and verification) under s.27 CCRA were met
  3. 3 Whether applicant was afforded reasonable opportunity to retain and instruct counsel under s.97 CCRA and the Charter

Ratio Decidendi

The court found material breaches of procedural fairness (failure to provide timely disclosure of the scoring matrix and adequate particulars of allegations, failure to verify and investigate confidential-source intelligence and to review identified video evidence, and denial of reasonable access to counsel) and that the reclassification and involuntary transfer were unreasonable and therefore unlawful; accordingly the applicant's security classification is reverted to medium and he must be returned to a medium security institution forthwith.

Court Disposition

Habeas corpus application granted; decision increasing security classification to maximum and involuntary transfer was unlawful; security classification reverted to medium and applicant to be returned to medium security institution forthwith.

Orders

  • Security classification reverted to medium until further reviewed
  • Correctional Service of Canada must arrange for Mr. Richards to be returned to a medium security institution forthwith