# WHO HAS CHARGE — Criminal Code s. 215(1)(c) **File:** Custodial nutrition + Ontario superjail conditions **Date:** 20 August 2026 **Use:** s. 504 Form 2 accused list. Not legal advice. Draft for counsel / informant. The 504 does **not** name “Ontario” or “CSC.” It names **people**. Section 215 attaches to whoever has a person **under his charge** who cannot withdraw because of **detention** and cannot provide himself with necessaries (food is a necessary). --- ## The charging section (do not substitute a weaker one) **Criminal Code s. 215(1)(c) + (2)(b)** — hybrid, five years on indictment. 504 applies. Duty: provide necessaries of life to a person under your charge, unable by reason of detention to withdraw, unable to provide himself with necessaries. Offence: fail without lawful excuse, if the failure endangers life **or** causes or is likely to cause health to be injured **permanently**. Do **not** lead with s. 269.1 (torture) or genocide. A justice at the s. 507.1 pre-enquête will kill those. s. 215 is the section written for this fact pattern. s. 221 (criminal negligence causing bodily harm) is the second count **if** a named inmate has medical records. s. 21 is how you reach the people who designed the system. --- ## Ladder — who is actually responsible ### A. Direct charge (strongest 215 principals) These people are “in charge” of detained human beings. That is the statute. | Accused | Why s. 215 attaches | Venue | |---|---|---| | **Institutional Head (Warden)** of each federal penitentiary | CCRA: “institutional head” = the person appointed **in charge of the penitentiary**. Inmates cannot leave. Food is CD 880 / GL 880-1. | Courthouse for that penitentiary | | **Superintendent** of each Ontario jail (TSDC, Maplehurst, EMDC, SWDC, CECC, OCDC, etc.) | Provincial statute: the superintendent is in charge of the institution. Remand majority cannot withdraw. | Ontario Court of Justice in that city | | **Institutional Food Services Manager** (federal) / kitchen manager | CD 880 para. 6: manages food at the institution. Party to the warden’s count, or co-principal on the tray. | Same as the institution | Name **specific institutions** on the information. A JP can understand “the Superintendent of the Toronto South Detention Centre.” A JP cannot process “the Ontario jail system.” ### B. System designers (principals on the National Menu / freeze / cook-chill) | Accused | Office | The document that names them | 504 role | |---|---|---|---| | **Talal Dakalbab** | Commissioner of CSC (Mar 2026–) | CCRA s. 6: under the Minister, **control and management of the Service**. Continuing offence: the duty is today’s duty. | Count 1 (federal information, Ottawa) | | **Anne Kelly** | Commissioner 2018–Mar 2026 | **Signed CD 880 (Food services)** herself. Ran cook-chill through the OCI food years. | Count 2 (tenure) | | **Don Head** | Commissioner 2008–2018 | 2014 Food Services Modernization / cook-chill / budget freeze. | Count 3 (historical, still live as a continuing design) | | **Tony Matson** | Assistant Commissioner, Corporate Services / CFO | CD 880 para. 1: ACCS **develops the food guidelines that must be followed**. Signed GL 880-1. GEDS: 340 Laurier Ave W, Ottawa. Still listed Mar 2026 transition binder. | Count 4 | | **Senior Manager, Food Services (NHQ)** | Office | GL 880-1: **promulgates the National Menu**. Fill the personal name from GEDS the morning of filing. | Count 5 | | **Director General, Technical Services and Facilities** | Office | CD 880 para. 2: **establishes the monetary rates** for each feeding system. That is the freeze mechanism. | Count 6 | **CSC National Headquarters:** 340 Laurier Avenue West, Ottawa, Ontario K1A 0P9. **Venue for the system information:** Ontario Court of Justice, Ottawa (the National Menu and the rates are made there). ### C. Minister — party, not the first name on Count 1 | Accused | Why they are on the information | Why they are **not** the lead 215 principal | |---|---|---| | **Gary Anandasangaree**, Minister of Public Safety (May 2025–) | Commissioner reports to him. After the 20 August 2026 notice, continued inaction is **knowledge**. s. 21(1)(b) aiding by omission / failing to direct. | His own ministerial direction says agency heads run operations. “Charge” of a specific inmate is the warden, not the minister. A JP will reject a minister-as-principal 215 before breakfast. Put him as **party after notice**. | | Historical Public Safety ministers during the freeze (Goodale, Blair, Mendicino, LeBlanc) | Same party theory for their tenure | Same limit | ### D. Ontario superjail information (separate Form 2 — Toronto) Ontario jails are **not** CSC. File a **second** information. | Accused | Why | |---|---| | **Each named superintendent** (TSDC, Maplehurst, EMDC, South West Detention Centre, Central East / Lindsay, Ottawa-Carleton) | Direct charge. Lead counts. | | **Hon. Michael S. Kerzner**, Solicitor General of Ontario (24 June 2022–present) | Minister responsible for correctional institutions. Party s. 21 after notice. Weaker as 215 principal — same logic as the federal minister. | | **Deputy Minister, Ministry of the Solicitor General** | Operational ministry head. Fill name from Ontario directory the morning of filing. | | **Civeo** (organization, *Criminal Code* s. 2 + s. 22.1) **if** the centralized meal contract for ten Ontario facilities is still live | Does **not** extinguish the superintendent’s duty. Contractor is additional, never a substitute. | **Venue:** Ontario Court of Justice, Toronto region, for TSDC counts; add companion informations in Milton (Maplehurst), London (EMDC), Windsor (SWDC), Lindsay (CECC), Ottawa (OCDC) if counsel wants local justices looking at local trays. ### E. Do not put these on the Form 2 as accused - “The Crown,” “CSC,” “Ontario,” “the Ford government” — not persons (except Civeo as an organization if contracted). - The Correctional Investigator / Ontario Ombudsman — oversight, not charge. - Unnamed “guards.” - Daniel’s personal matter — barred from the public file; do not mix. --- ## Two informations, not one soup **Information A — Ottawa.** System: Commissioner (Kelly + Dakalbab), Matson, Senior Manager Food Services, DG Technical Services. Offence: s. 215(2)(b) continuing, persons detained in federal penitentiaries, National Menu / cook-chill / freeze. Particulars cite CD 880 (signed Kelly), GL 880-1 (signed Matson), OCI reports, 2019 internal audit. **Information B — Toronto (and sister cities).** Superintendents of named Ontario superjails + Kerzner as party. Offence: s. 215(2)(b) +, where lockdowns are 23-hour cell time, the same count particularized as failure to provide necessaries **including food at usual hours** (Mandela Rule 22 / CD 880 para. 9: food not to be withdrawn as punishment; staffing lockdowns that cancel meals or serve bag-in-cell are the particulars). s. 507.1 pre-enquête will happen. The Attorney General may take over or stay. That is expected. The record of who was named, and who stayed it, is the point of a 504. --- ## Informant Blank on the draft. The person who attends the JP swears it. Email does not file a 504. Mass-mailing courthouses does not file a 504.