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

Visitors relax at the natural hot springs located within Maquinna Marine Provincial Park. (tofinohiking.com photo)
Maquinna Marine Provincial Park boardwalk project on track

“The walk down the two-kilometre boardwalk to the springs itself is by far one of the most incredible experiences.”

WILDLIFE TREE: Tofino Poet Laureate Christine Lowther stands next to a giant cedar tree on District Lot 114, the site of Tofino’s controversial affordable housing project. The tree was pinned with an official Ministry of Forests yellow wildlife tree sign to educate fallers that the tree needs to be left standing for food, shelter and nesting. (Nora O’Malley photo)
Tofino author Christine Lowther calling for poetry about trees

“I’m thrilled to be of service to trees through poetry.”

Tofino will elect a new mayor and two new councillors on March 6. (Westerly file photo)
Tofino’s mayoralty candidates lay out key differences

Tofino will elect a new mayor and two new councillors on March 6.

FILE – A COVID-19 vaccine being prepared. (Olivia Sullivan/Sound Publishing)
B.C. seniors 80 years and older to get COVID vaccine details over next 2 weeks: Henry

Province is expanding vaccine workforce as officials ramp up age-based rollout

Clockwise from top right, chamber executive director Jen Dart moderated a Zoom-based forum last week where Tofino’s mayoralty candidates J.J. Belanger, Andrea McQuade and Dan Law made their pitch to lead their community. (Screenshot)
WATCH: Tofino mayoralty candidates face off at forum

Town to elect new mayor and two new councillors on March 6.

Abbotsford’s Kris Collins turned to TikTok out of boredom when the provincial COVID-19 lockdown began in March 2020. She now has over 23 million followers on the video app. Photo: Submitted
Internet famous: Abbotsford’s Kris Collins is a TikTok comedy queen

Collins has found surprise stardom alone with a phone

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

BC Ferries experienced heavy traffic on Feb. 27 following cancellations the day before due to strong winds and adverse weather. (Black Press Media file photo)
BC Ferries sailings fill up quickly after Friday cancellations due to high winds

Waits expected on Swartz Bay-Tsawwassen route, Horseshoe Bay-Departure Bay route

1957 photo shows Six Mile House-sponsored #4 1932 Ford stock car with Frank Morris (from left), Ted Mackenzie, Bill Sim and driver Gerry Sylvester. (Bud Glover/Victoria Auto Racing Hall of Fame)
Memories race as Western Speedway approaches its finish line

‘It was life to us:’ Vancouver Island racers, crew will never forget what the track gave them

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’

Pig races at the 145th annual Chilliwack Fair on Aug. 12, 2017. Monday, March 1, 2021 is Pig Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Feb. 28 to March 6

Pig Day, Canadian Bacon Day and Grammar Day are all coming up this week

Staff from the Marine Mammal Rescue Centre, passersby, RCMP and Nanaimo Fire Rescue carried a sick 300-kilogram steller sea lion up the steep bluff at Invermere Beach in north Nanaimo in an attempt to save the animal’s life Thursday. (Photo courtesy Marine Mammal Rescue Centre)
300-kilogram sea lion muscled up from B.C. beach in rescue attempt

Animal dies despite efforts of Nanaimo marine mammal rescue team, emergency personnel and bystanders

Doctors and counsellors warn of an increase in panic attacks, anxiety, depression and suicide ideas between ages 10 to 14, in Campbell River. ( Black Press file photo)
Extended pandemic feeding the anxieties of B.C.’s youth

Parents not sure what to do, urged to reach out for help

Kara Sorensen, diagnosed with lung cancer in July, says it’s important for people to view her as healthy and vibrant, rather than sick. (Photo courtesy of Karen Sorensen)
B.C. woman must seek treatment overseas for inoperable lung cancer

Fundraising page launched on Karen Sorensen’s behalf, with a goal of $250,000

Most Read