A Newfoundland and Labrador court has ruled against an application by a former inmate at Her Majesty's Penitentiary, quashing his attempt to shut down the Dickens-era jail.
Kenny Green, who was convicted of killing Joey Whalen in St. John's in 2013, is suing the provincial government over a prison riot which left him battered and bloodied the following year.
A statement of claim filed last February alleges the province was negligent in the attack at the prison's chapel.
Green's lawyer, Lynn Moore, wanted to amend the statement of claim to ask the court to order the prison to close because it violated Green's Charter rights by failing to provide him with "security of the person."
In Supreme Court Thursday, Justice Carl Thompson did not allow the original statement of claim to be amended.
Thompson said the amendment asking to close HMP went "significantly beyond" the personal relief sought by Green.
"Does the court decide [to close HMP] or does the government decide that?" Thompson said before ruling.
Moore argued that closing the place where Green was assaulted would be a personal relief to him and would mean more than money.
Thompson said the judiciary would be overstepping by ordering the provincial government to close HMP.
Video surveillance from the day of the 2014 riot showed dozens of inmates filing into the prison's chapel, where a lone correctional officer was stationed along with members of the Salvation Army clergy.
Green was beaten, stabbed and speared by a church pew. Several inmates were convicted and sentenced for the attack.
In a statement of defence, the province said it wasn't negligent because Green was notified of the threat in advance, and attended the Sunday service anyway.
No date has been set to hear arguments on the lawsuit against the provincial government.