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| Top Canadian court rules inmate not guilty of weapons charges |
| By Globe and Mail Update |
| Published: 06/24/2004 |
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The Canadian Supreme Court has ruled that an Alberta inmate is not guilty of dangerous weapons charges after he was acquitted of murder in the death of a fellow penitentiary inmate. In a 6-1 ruling on Wednesday, the court said Jason Kerr should not be convicted for carrying a metal spoon sharpened into a knife during a time when authorities said the Edmonton Institution was "an armed camp." The court ruled that "the evidence shows that in January, 2000, the officers at the Edmonton Institution had, to a significant extent, lost control over the inmates, who had gathered themselves into warring gangs." The Union of Canadian Correctional Officers said Wednesday it was disappointed in the ruling. The union believes that the acquittal of Jason Kerr will make its members' jobs much more dangerous. In January, 2002, Jason Kerr prepared two weapons when his fellow convict Joseph Garon threatened to smash his head in for "punking-off" when he refused to bring him coffee. The prison kitchen worker concealed an ice pick and the shiv in his pants. The next day, he was approached by five people in the serving area, four of whom Mr. Kerr knew to be members of the Indian Posse. The door to the area was closed, the ruling says. Mr. Garon lunged at him, and following a scuffle between the two, Mr. Kerr eventually killed him with a stab to the head in the Edmonton Institution. Mr. Kerr testified that he had no option but to stand up for himself against Mr. Garon, a member of the violent Indian Posse gang. The ruling said the gang "essentially controlled the penitentiary through intimidation and assault." The Crown argued that an acquittal of weapons charges could result in a race to stockpile weapons in federal prisons. At trial, he was acquitted of second-degree murder and weapons charges on the basis of self-defense. The Court of Appeal upheld the murder charge acquittal but the weapons charge was overturned and he was convicted by an appeal court. |
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