Prisoners without outdoor work previously had an unconditional right to one hour of open air per day; this is now conditional on weather and what is operationally practicable.

'Operational considerations' includes prison security, good order, and prisoner welfare — giving authorities broad discretion to cancel open air time.

The Charter of Human Rights and Responsibilities Act cannot be used to challenge decisions to restrict a prisoner's open air access.

Prisoners and ex-prisoners cannot sue the Crown for damages over open air restrictions — including cases already in court when the law commences.