Federal Court application alleges Charter violations in withholding results of internal investigations
FOR IMMEDIATE RELEASE
February 24, 2026
Burnaby, BC – Unceded territories of the xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), səlilwətaɬ (Tsleil-Waututh) and qiqéyt (Qayqayt) Nations
Today, two individuals with lived experience of incarceration filed a case in Federal Court against Correctional Service Canada (CSC), challenging the agency’s practice of withholding the results of internal reviews when prison officers use force against incarcerated people.
When CSC officers use force, an internal directive — Commissioner’s Directive 567-1 — requires a review to determine whether the officers’ actions complied with the law and with CSC policy. However, the person subjected to force is not informed of the outcome of that review, even when violations are identified.
As a result, the only way an affected person can access CSC’s findings is by filing a request under access to information or privacy legislation. These requests are frequently delayed, sometimes for months or even years, due to chronic backlogs. In practice, this makes it extraordinarily difficult for incarcerated individuals to challenge the use of force, assert their legal rights, or hold CSC accountable.
The litigation, filed in Federal Court, is an application for judicial review of CSC’s use-of-force directive. The applicants will argue that withholding the results of these reviews from the individuals directly affected violates their rights under the Canadian Charter of Rights and Freedoms.
The applicants are represented by Conway Baxter Wilson LLP, with support from Prisoners’ Legal Services.
Media Contacts:
Nicole Kief
Executive Director
Prisoners’ Legal Services
nkief@pls-bc.ca
604-636-0470
Siobhan Morris
Associate
Conway Baxter Wilson LLP
SMorris@conwaylitigation.ca
613.369.2000