PENITENTIARIES |
Ross v. Bowden Institution No. 2
T-2063-01
2003 FCT 331, Tremblay-Lamer J.
20/3/03
5 pp.
Judicial review of decision of Commissioner of Correctional Service of Canada (Commissioner) denying grievance of applicant at third and final level of grievance process prescribed under Corrections and Conditional Release Act and Corrections and Conditional Release Regulations --Grievance arose out of applicant's pay while in administrative segregation while at Bowden Institution--Prior to being in segregation, applicant worked in Corcan Cabinet program for which paid $5.80 per day--Upon placement in segregation, applicant given no pay--Situation later corrected to $2.50 per day for entire period applicant in administrative segregation--Applicant submitted although Programming staff verbally informed him pay would be reduced from $5.80 to $2.50, Program Board not providing written notification of reduction of pay within five working days of rendering decision contrary to Commissioner's Directive 730 (Inmate Program Assignment and Payments), s. 28--S. 28 not applicable when inmate's pay reduced as result of being placed in administra-tive segregation-- Applicant placed in administrative segregation and paid $2.50 per day pursuant to Commissioner's Directive 730, s. 18--Standard procedure and not discretionary--As such, decision to lower applicant's pay not arbitrary or contrary to law--Application dismissed--Corrections and Conditional Release Act, S.C. 1992, c. 20--Corrections and Conditional Release Regulations, SOR/92-620--Commissioner's Directive 730, ss. 18, 28.