Digests

Penitentiaries

Judicial review of decision by Senior Deputy Commissioner (SDC) of Correctional Service of Canada (CSC) dismissing applicant’s final level grievance concerning warden’s decision not to allow applicant to return to work as soon as some other inmates following lockdown—Warden establishing plan after lockdown by which inmates with “low” institutional adjustment rating returning to work earlier than those with “moderate” rating—Whether SDC erring in concluding warden having power to reach such decision—Pursuant to Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 4(d), CSC required to use least restrictive measures consistent with protection of public, staff members, offenders—Warden must have power to order partial lifting of lockdown if allowing some, not all inmates to resume normal routine consistent with s. 4(d)—Inmates’ institutional adjustment ratings resulting from assessments of degree of supervision, control within penitentiary inmates requiring—These ratings relevant to warden’s decision—When establishing gradual return to normal following security incident, reasonable for warden to consider degree of supervision, control required in deciding which inmates can safely resume routine first—Principle that correctional decisions be made in forthright, fair manner set out in Act, s. 4(g) relating to decision-making process—Not mandating that decisions concerning inmates conform to any specific understanding of substantive fairness, such as that all inmates at locked down penitentiary be treated in same way—Application dismissed.

Jolivet v. Canada (Attorney General) (T-2092-09, 2010 FC 762, Tremblay-Lamer J., judgment dated July 20, 2010, 9 pp.)