……..a pause in our regular programming to bring you the latest updates…
…..since the last posting on May 13/18…….
September 12 was the inscription date for this action against Correctional Service of Canada, the date when the two parties were to go before the Court with their ducks in a row to set a trial date. On the day before, Quebec Superior Court Justice Julien Lanctot granted Kalman Sameuls Attorneys, who represent Brennan Guigue, a postponement until March 12th, 2019.
There was a delay in obtaining Brennan’s complete prison medical records from CSC’s Access to Information & Privacy section.
Brennan’s request was dated March 6th with a note the records were to be sent to his lawyers in Montreal. The usual and regular practice stipulates an acknowledgement and receipt for the fee is issued by CSC within 30 days, with a reference file number attached. This didn’t happen, and a miscommunication between client and lawyer slowed a follow-up. The search didn’t begin until late July.
The lawyer in charge of the Brennan’s file made several calls but was unable to connect with the CSC ATIP office. A fax got their attention. Initially, the CSC’s Ms Martine Gauthier claimed the request had not been received. It wasn’t until she received a copy of the original request and cheque, noting the fee had been processed on March 29, that a further search showed this was in their system, and admitted a mistake had been made.
An expedited copy of the health records was finally received in Montreal on September 10.
In a August 30th letter to his lawyers, Brennan raised numerous points, and he questioned two areas likely to arise in the medical records. First, there would be the conflict between the Regional Reception Centre healthcare department’s cavalier assessment justifying the use-of-force, and the RRC warden’s conflicting admission in other documentation on file. Secondly, there was Donnacona’s healthcare unit’s refusal to assess, record or photograph the effects of the assault in the weeks following the initial incident.
Kalman Samuels wanted to interview the RCC warden. Correctional Service of Canada apparently has the legal high ground in deciding who it would offer for an out of court examination, and while the firm pressed the matter, in the end it accepted Correctional Manager Supprien Hodnick, a Correctional Manager on duty at RCC at the time of the incident in 2014.
That examination took place on September 21.
The search for a “pepper spray” expert defense witness was extensive. This is a necessity, Brennan was told, and one in particular surfaced. All candidates were American but Brennan questioned why a Canadian was not in the running.
According to his lawyers, there are a few Canadians qualified for this work, but no Canadian expert will testify against the government!
Let’s repeat that. No Canadian ‘expert’ will testify against the government, fearing reprisal and retribution.
This is the nature of the beast, our beast, like it or not.
The request for yet another postponement was up to the judge, Brennan was warned, but Justice Lanctot was persuaded the extension was reasonable. March 12th, 2019 is therefore the new inscription date.