Media Room

KERR-SUPREME COURT DECISION - JUNE 23, 2004

The Supreme Court of Canada ruled that offender Jason KERR is not guilty of possessing a dangerous weapon in relation to the murder of an inmate at Edmonton Institution in 2000.

	The Correctional Service of Canada has carefully reviewed the Supreme Court of Canada decision regarding offender JASON KERR.
	The Supreme Court reaffirmed the provisions of our legislation, the CCRA, prohibiting contraband. (Section 54 of the decision).
	Paragraph 54 of the Supreme Court of Canada Decision - The conclusion that Kerr is not guilty on the charge at issue is certainly not to suggest that his possession was completely legal. Kerr would likely have been convicted if charged under s. 90 of the offence of possession of a concealed weapon. Moreover, the CCRA, SC. 1992, c.20 contains provisions prohibiting the possession of contraband. This case is concerned squarely with the legality of Kerr's possession with respect to a particular offence.
	The Court affirmed clearly that inmates cannot carry weapons. This decision has no impact on ongoing CSC operations; it is about a specific incident that occurred in 2000.
	All weapons are treated as contraband, and when discovered are confiscated. Inmates who fashion and have weapons in their possession will face internal charges, and wherever possible, police involvement and possible Criminal Code charges.
	The court's decision is related to an incident that happened four years ago. CSC has faced an increase in the admission of members and associates of gangs and criminal organizations. This can be attributed to the government's introduction of legislation to combat organized crime and to the success of the integrated approach of law adopted by law enforcement. The Criminal Code was modified to deal with organized crime in 1997 and further amended in 2002.
	CSC uses a number of preventive measures to ensure the safety of the public, staff and offenders. CSC uses various interception tools such as drug dogs, ion scanners, metal detectors, and x-ray machines to detect contraband. As well, interaction and communication between staff and inmates is a useful way of gathering information on drug-related activities. CSC makes every effort to ensure that incompatible inmates, including rival gangs, are not housed together, and continuously monitors their activities. To ensure offender safety, offenders who are at risk can be removed from the general population, and could also be considered for transfer to another facility if necessary. CSC works closely with its criminal justice partners to aggressively combat the complex and growing problem of gangs. All areas of our institutions are searched regularly for weapons, and any other contraband.
	CSC provides a safe environment for both staff and inmates inside its institutions. However, at times within prisons, especially higher security prisons, there are incidents of violence. This is understandable since many inmates have a history of violence, and continue to pursue violent behaviour while incarcerated.

To view the complete text of the Supreme Court of Canada's decision, please refer to the following Justice Canada link:
http://www.lexum.umontreal.ca/csc-scc/en/rec/html/2004scc044.wpd.html