Court determines judge erred in ruling on inmate lockdowns at Burnside jail

The Nova Scotia Court of Appeal says a Nova Scotia Supreme Court judge erred in his rulings related to inmate lockdowns at the Central Nova Scotia Correctional Facility.

In a January 2024 ruling, Justice Peter Rosinski found inmates Durrell Diggs and Ryan Wilband experienced "ongoing material deprivation" of their liberty while incarcerated at the Burnside jail in Dartmouth, N.S., in the fall of 2023.

In a decision dated March 13, 2025, the Nova Scotia Court of Appeal said Rosinski improperly used habeas corpus to address systemic issues at the jail, which was "beyond the scope of such proceedings."

In a habeas corpus application, a judge considers the conditions of a person's confinement to decide if their Charter rights have been violated and they should be granted a remedy, like more time out of their cell.

Diggs and Wilband made separate applications that argued rotational lockdowns due to staff shortages at Burnside unlawfully deprived them of their "residual liberty."

The Appeal Court said it was not within Rosinski's jurisdiction on a habeas corpus application to make recommendations on how staff shortages should be addressed.

Rosinski also issued declarations that would impact comparable cases, which the Appeal Court noted was also an inappropriate use of habeas corpus.

The court said the issue should be addressed through other legal avenues, like Charter challenges or a judicial review.

"Habeas corpus applications are not intended to be a review of how correctional facilities are managed," the Appeal Court judges wrote in their decision.

As a result, the court said Rosinski's declarations that the lockdowns of Diggs and Wilband were unlawful "cannot stand and are hereby set aside."