This decision addresses the interpretation of section 527 of the Criminal Code concerning the conveyance of prisoners to court when they refuse to attend.
The court held that a s. 527 order compels the custodian to deliver the prisoner to court and that the use of necessary force to do so is authorized under s. 25(1) of the Criminal Code without requiring explicit language in the order.
The court emphasized that prisoners do not have a choice to refuse attendance and that correctional staff must be aware of their legal authority to use reasonable force.
The decision clarifies the interplay between s. 527 and s. 25, rejecting the need for “extraction orders” with specific force authorization clauses.
