Surrey pretrial centre prevails in human rights complaint over inmate’s cane

The B.C. Human Rights Tribunal has dismissed a disability discrimination complaint filed by Connor Madden against Surrey Pretrial Services Centre and Fraser Regional Correctional Centre after his cane was repeatedly removed.

Madden said he had a metal rod in his right leg and needed the cane to walk significant distances. He alleged corrections officers took it away based on unfounded claims that he used it as a weapon. Tribunal member Edward Takayanagi, in reasons issued Sept. 10, found there was no reasonable prospect that Madden could establish discrimination.

Madden moved between the two centres from May 5, 2021, until his release on April 27, 2022. When he entered Surrey Pretrial, staff provided a wheelchair while assessing the cane for safety and security issues. The Ministry approved its use on May 23, 2021.

The tribunal heard that in July 2021 Madden used the cane to strike windows and cameras, push away food trays, refuse inspection requests and use it as a weapon against staff. The Ministry placed him on special handling protocols and requested that he surrender it; he eventually did so on July 21. Evidence before the tribunal also alleged that he attacked staff in August by throwing an unknown liquid and punching them, while saying he would remain non-compliant until he received a cane.

Madden denied using the cane aggressively, saying he used it defensively against alleged staff attacks and did not cause bruises or other injuries. He was offered a wheelchair after the cane was denied, but declined it. In September, he was offered use of the cane during showers if he returned it afterward; that offer was withdrawn after he refused the conditions.

Takayanagi found the Ministry was reasonably certain to prove that its policy limiting access to items posing safety and security risks was rationally connected to protecting staff and incarcerated people, and was adopted in good faith. He concluded the Ministry was likely to establish a defence at a hearing, given its mobility alternatives for Madden.