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Fischer appealed the case up to a final ruling made in Nov. 2019 by the Correctional Service of Canada’s special adviser to the Commissioner (Anne Kelly) against the prisoner on the grounds prisoners could not possess removable or portable mass storage devices.
Fischer argued that without the memory card, his game system was effectively useless.
The Federal Court agreed to hear Fischer’s case against the Attorney General of Canada and Zinn made his ruling in favour of the prisoner last week.
Zinn rejected the AG’s argument that the case was trivial, stating “the removal and loss of use of personal property after some 18 years, and for the remainder of one’s sentence is significantly different. I do not find it to be a trivial matter.”
He ruled that the removal order was unreasonable and that an inmate permitted to have a gaming system in their cell should also have access to a memory card. Zinn said it was not reasonable to consider a PlayStation memory card to be a “removable or portable mass storage device.”
The prison must give Fischer back his memory card and pay the prisoner’s $150 legal costs.