PENITENTIARIES
Judicial review of Acting Assistant Deputy Commissioner’s decision upholding Warden of Bath Institution’s decision to maintain applicant’s medium-security classification—Medium-security risk rating based on vague security intelligence concerns, some of which based on ongoing investigations—Despite existence of alternative remedy, i.e. pursuit of applicant’s grievance to third level, Court considering substance of application as on facts herein Correctional Service Canada failed in dramatic way to comply with own policy to respond to grievances within 25 working days—Applicant only receiving response to second-level grievance more than eight months after filed—But decision not perverse, capricious or made without regard to sum total of material before decision-maker—Application dismissed.
Caruana v. Canada (Attorney General) (T-1889-05, 2006 FC 1355, Gibson J., order dated 9/11/06, 20 pp.)