Law360 Canada ( June 13, 2018, 1:48 PM EDT) -- Ewert appealed from a judgment of the Federal Court of Appeal setting aside a decision finding Correctional Service of Canada (CSC) had breached its obligation under s. 24(1) of the Corrections and Conditional Release Act (CCRA) and had infringed Ewert’s rights under s. 7 of the Charter. Ewert, who is a Métis inmate, challenged the CSC’s reliance on certain psychological and actuarial risk assessment tools. He claimed the validity of the tools, when applied to Indigenous offenders, had not been established through empirical research. The reliance on those tools, he further argued, infringed his rights under ss. 7 and 15 of the Charter and the CSC did not take all reasonable steps to ensure the accuracy of information about offenders as required by s. 24(1) of the CCRA. The trial judge concluded that the CSC had infringed Ewert’s rights under s. 7 of the Charter and did not meet the requirements of s. 24(1) of the CCRA. He ordered an interim injunction that prohibited the CSC from using results generated by the impugned tools with respect to Ewert. The Federal Court of Appeal allowed the Crown’s appeal and found that Ewert did not establish on a balance of probabilities that the impugned tools produced inaccurate results when applied to Indigenous inmates. The issues raised by the appeal were whether the reliance on the tools resulted in a breach of s. 24(1) of the CCRA and the infringement of ss.7 and 15 of the Charter....