Ailing federal prisoner to be released after heading to court over COVID-19 fear

Derrick Snow, 53, is serving a sentence at Ontario’s Bath Institution, near Kingston

An inmate with serious health problems will be let out of federal custody after he went to court over fear of contracting COVID-19 behind bars — a move his lawyer hopes will open the door for other vulnerable prisoners.

The Correctional Service of Canada has granted Derrick Snow a temporary absence, to begin next Tuesday, as pressure mounts for officials to release aging and frail prisoners who are more likely to suffer badly from the virus.

“I just got off the phone with Mr. Snow and he is profoundly relieved by this decision,” his lawyer, Paul Champ, said Thursday.

Snow, 53, is serving a sentence at Ontario’s Bath Institution, near Kingston, for breaking-and-entering and theft. He has diabetes and pulmonary disease and was recently diagnosed with malignant sarcoma.

Snow had submitted an application April 2 to the prison warden for an unescorted temporary absence and, due to the urgency of the situation, demanded a decision by April 10, but he did not get an answer.

He then asked the Federal Court to allow him an absence from the prison until his statutory release date in late July or until the end of the COVID-19 pandemic, whichever is sooner.

“Prisons are environments that are especially prone to the spread of infectious diseases, including COVID-19, and where social distancing and other appropriate preventive measures are not reasonably possible,” said Snow’s submission to the court.

It said Snow feared his underlying medical conditions put him at heightened risk to become infected with COVID-19 and die if he were to remain in custody while his full arguments played out in court.

A federal inmate at Mission Institution in Abbotsford died from an apparent complication related to the novel coronavirus, the prison service said Thursday.

The Correctional Service gave Snow permission to live with his sister in London, Ont., where he will receive treatment for cancer and his other ailments until his July release date.

It noted the absence of violence in his criminal history and the “appropriate supervision plan” in place, including special conditions and a curfew.

The prison service stressed it was approving Snow’s absence despite taking “extraordinary measures” to prevent the spread of COVID-19 in federal institutions.

“This decision took into consideration the health conditions of Mr. Snow combined with the potential for having a negative health outcome should he contract this virus.”

As a result of the decision, a Federal Court hearing slated for Friday will not take place, Champ said.

Federal lawyers said earlier this week the circumstances were not sufficiently urgent to require an imminent court hearing.

The prison service’s decision is clear that low-risk federal inmates who are medically vulnerable can be released under the temporary absence provisions in existing legislation, Champ said.

“We are hopeful that (the Correctional Service of Canada) will now consider using this measure more broadly to facilitate the expedited release of other medically vulnerable prisoners,” he said.

“Hopefully, the next vulnerable inmate with a low-risk profile who applies won’t have to fight for three weeks and take CSC to court.”

Releasing larger numbers of low risk inmates will not only protect those individuals, but it will make the institutions safer for staff and the communities in which they live, Champ added.

Late last month, Public Safety Minister Bill Blair asked the prison service and the national parole board to look at early release for some offenders to prevent the spread of COVID-19.

Jim Bronskill , The Canadian Press

Like us on Facebook and follow us on Twitter.

Coronavirus

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

YOU didn’t back check …

Pro hockey player Connor Jones’ inspiring stories on life, hockey and everything in between.

Haitian foster children arrive in Nelson after months-long lobbying effort

Marie-Paule Brisson and Sebastien De Marre have parented girls age 12 and 8 since they were babies

B.C. doc breaks down the incognito mosquito

Dr. Carol Fenton is a Medical Health Officer for Interior Health

Work remains to be done in B.C. care homes

BCSLA represents private operators of Independent and Assisted Living, and Long Term Care residences

Police investigating car accident on Rossland Hill

Captain Grant Tyson says the rollover resulted in minor injuries to three people

B.C. sees 25 new COVID-19 cases, community exposure tracked

One death, outbreaks remain in two long-term care facilities

BREAKING: Amber Alert for two Quebec girls cancelled after bodies found

Romy Carpentier, 6, Norah Carpentier, 11, and their father, Martin Carpentier, missing since Wednesday

B.C. man prepares to be first to receive double-hand transplant in Canada

After the surgery, transplant patients face a long recovery

Grocers appear before MPs to explain decision to cut pandemic pay

Executives from three of Canada’s largest grocery chains have defended their decision to end temporary wage increases

RCMP ‘disappointed’ by talk that race a factor in quiet Rideau Hall arrest

Corey Hurren, who is from Manitoba, is facing 22 charges

NHL’s Canadian hubs offer little economic benefit, but morale boost is valuable: experts

Games are slated to start Aug. 1 with six Canadian teams qualifying for the 24-team resumption of play

‘Made in the Cowichan Valley’ coming to a wine bottle near you

Cowichan Valley has the honour of being the first sub-GI outside of the Okanagan

VIDEO: Vancouver Island cat missing 18 months reunited with family

Blue the cat found at Victoria museum 17 kilometres from home

COVID-19 cases identified in Kelowna, after public gatherings

Those who were downtown or at the waterfront from June 25 to July 6 maybe have been exposed to COVID-19.

Most Read