Bacon beefs get him moved
Updated: November 16, 2009 4:14 PM
James Bacon was moved last week from his former cell into a new living unit which features a TV, fridge and other amenities.
However, his lawyer argued that he is still isolated and denied the right to communicate freely with other individuals.
He is also unable to see the television from the bed in his cell, said defence lawyer Kimberly Eldred.
Monday was day 16 of the Supreme Court hearing, which was originally scheduled to take less than a week.
On Monday, the court heard Eldred argue that staff at Surrey Pretrial Centre don’t have reasonable grounds to restrict Bacon’s visits and phone privileges, and to open his mail and provide it unsolicited to police.
In some instances, Bacon’s mail was read by staff at the prison, or withheld and sent back.
A letter from Bacon’s grandmother was returned for tape being attached to a photo within a card.
A group of 20 photos sent by another writer were sent back because some of the images were “suggestive” – which Eldred maintained was not accurate.
Inmate communications, including phone calls and mail, can only be monitored if authorities have some evidence they are doing something illegal, causing harm to others or participating in activities that endanger the prison, argued Eldred.
Prison officials have also provided police with files that document the time and date of calls James Bacon made to his brothers, girlfriend and lawyers.
Prison lawyer Bryant Mackey has told court officials Bacon cannot have unrestricted communication as it could pose a danger to him or others, particularly potential witnesses.
Bacon was placed in segregation following his arrest in April in connection to the Surrey Six murders in October 2007.
Eldred has argued Bacon’s restrictions and jail conditions amount to violations of his Charter rights.
Bacon is seeking to have restrictions on his communications lifted and to be moved from isolation into the general population at the jail.
Justice Mark McEwan has set Tuesday afternoon as the deadline for when submissions must be finished.






