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The general inmate facility is shown in this file photo.Nathan Denette/The Canadian Press

Federal inmates at two B.C. penitentiaries say they're caught in a Catch-22, unable to access programs to help them rehabilitate, while being denied privileges because they haven't completed rehabilitation programs.

On Thursday, two of them filed a civil suit against Correctional Service of Canada, arguing their rights under the Charter of Rights and Freedoms have been violated.

Wesley Devries and Yong Long Ye note in their suit the programs are offered to help inmates with problems regarding violence, substance abuse, and anything relating to the underlying issues that led them to a criminal lifestyle.

Mr. Ye, 47, pleaded guilty in 2008 for conspiracy to produce and export drugs including methamphetamine and cocaine.

In 2012, after four years in prison, he received a hearing with the Parole Board of Canada at the Matsqui Institution in Abbotsford, B.C. According to the notice of civil claim, he was denied parole on the basis there were reasonable grounds he was likely to offend if released. Another key reason for his denial was his lack of core programming.

However, Mr. Ye had previously applied for programming to further understand the impact of his crimes, but was denied by the CSC because his status as a "low risk" inmate did not meet the requirement for program registration, according to the civil claim.

Similarly, Mr. Devries, who in 2013 pleaded guilty to 13 charges of fraud and theft, has been unable to transfer to a facility that offers programs for him specifically because to transfer requires participation in such programs.

Chris Terepocki, the lawyer for the two men, said the lack of programming is affecting inmates' ability to transfer institutions, receive temporary absences, and get parole.

"They place you in a penitentiary with the understanding that this is the best place to receive programming," he said, "But in this case the CSC said, 'Sorry, we don't have any programs for you.'"

Mr. Terepocki believes that to deny programs to inmates is against the law.

"I find that difficult to reconcile with the Corrections and Conditional Release Act, which says the CSC shall provide programming for all offenders," he said.

In a written response the CSC said it would be inappropriate to comment on the claim as they have yet to review the matter.

Because of the hefty legal costs associated with litigation, inmates have banded together to pay for the legal fees themselves.

Jason McGown, head of the Inmates Committee at Mission Medium Institution, where Mr. Devries resides, contacted inmate committees throughout B.C. who were willing to help pay for the court case.

The litigation from Mr. Devries and Mr. Ye follows a Jan. report by auditor general Carol Bellringer, that said B.C.'s jails were overcrowded, unsafe, and do not do enough to prevent repeated crime.

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