No guitars behind bars.
What may sound like a country music song is actually a Federal Court of Canada ruling, according to Blacklock’s Reporter.
Justice Julie Blackhawk’s decision came in the case of convicted child strangler Patrick Daniel Fischer, who is serving time in Agassiz, B.C.’s Kent Institution. He was ordered to surrender his electric guitar with removable steel strings.
“I understand that playing music is therapeutic and a way for the applicant to use his time in a constructive and positive manner,” wrote Blackhawk.
“While the applicant does not agree with the decision this is not a basis for judicial review.”
Fischer had appealed a 2021 warden’s order that took away his electric guitar.
“Guitars are large in size and weight and could be used as a weapon,” the warden wrote at the time.
“A guitar being in your cell presents a risk. It could be used nefariously not just by yourself but by other inmates.”
In 2001, Fischer was sentenced to 25 years without parole for strangling a 16-year-old Merritt, B.C. schoolgirl.
Justice Blackhawk noted while a 2015 Commissioner’s Directive allowed inmates to apply for permission to keep a guitar, wind instrument or small keyboard in a federal prison, final decisions were left to local managers.
“I appreciate the Warden’s standing order prohibiting possession of guitars in cells,” wrote Blackhawk.
“The Warden has the necessary expertise and working knowledge to assess reasonable and foreseeable threats to the health, safety and security of the inmates, staff and the Institution as a whole.”