In what circumstances will the Director of Kent Institutional Court refuse to move inmates from segregation to general population?
British Columbia, Canada
The following excerpt is from R. v. Hill, 1995 CanLII 261 (BC SC):
22 In Cardinal and Oswald v. Director of Kent Inst., [1986] 2 S.C.R. 643, 23 C.C.C. (3d) 110, the inmates had been placed in segregated custody following a hostage-taking incident. Their status was reviewed monthly and a review board recommended they be returned to the general prison population. The director of the institution declined to follow this recommendation. By the time the applications for habeas corpus and certiorari in aid were heard, the inmates had been in segregation for four months, and it appeared they would be held there until criminal charges laid against them were disposed of. The applications were granted.
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