……and make no mistake, Correctional Service of Canada does not want paper and video documentation on this July 2014 incident in the public domain. It’s bad PR, and just when the agency is under increased criticism and scrutiny in the media, and in the courts in Ontario and British Columbia, over its use of solitary confinement.

Both parties to this action against Canada’s federal ‘prison industry’ completed their portion of the Case Protocol, and Kalman Samuels filed the document in the Superior Court record in Montreal on September 7.

The government has asked that Eric Charbonneau’s name be removed from the Application. That has been rejected. The government has also requested a stay of proceedings for two months in order to engage in negotiations. It believes the information in its possession will allow the matter to be settled. That too has been rejected. What has been proposed is the scheduling of pre-trial examinations in mid-October or November to allow time for negotiation before the case moves forward. The government has accepted that proposition.

Brennan Guigue approved the Case Protocol, but the matter of available medical reports as a part of the material under consideration is questionable. Brennan was unable to bring in independent and outside medical assessment and treatment, and had to rely on what was available through CSC’s Health Care. This has been discounted in previous postings as corrupted for lack of due diligence, but would be subject to argument at trial.

Brennan Guigue is open to a negotiated settlement of course, but rightly insists there must be a level playing field. He and his counsel must have all the information available to the government. That includes the complete and unedited video, plus the redacted data CSC has so far offered to release, and there must be an opportunity to determine if other redacted data is necessary in order to reach a fair and equitable resolution.

The wheels turn………