Kuipers v. Canada ( Solicitor General )
T-450-93
Gibson J.
31/3/94
12 pp.
Application for interlocutory injunction to prevent from terminating applicant's employment in industrial paint apprenticeship program at correctional institution by reason of refusal to voluntarily participate in sex offender treatment program-In main action, applicant seeking: (1) declaration cannot be forced to take treatment program; (2) declaration cannot be fired from employment in apprenticeship program; (3) declaration cannot be transferred to another institution-Applicant, serving sentence of six years because of sexual assault and uttering threats, given no choice but to transfer to another institution to participate in sexual treatment program-Whether priority to sexual treatment program or apprenticeship program-In Horii v. Canada, [1992] 1 F.C.R. 142 (C.A.), three-part test in injunction matters: serious issue to be tried, irreparable harm, balance of convenience-Corrections and Conditional Release Act new law where obligations of Correctional Service of Canada (CSC) in relation to programming not clearly defined; issues raised by statement of claim of serious nature-Applicant not meeting onus to establish irreparable harm if injunction not granted-Public interest critical element in balance of convenience test-CSC statutory obligation to regard protection of society-Community has interest in ensuring convicted sex offenders returning to community have taken all possible measures to reduce risk of recidivism-Sex offender programming directly related to applicant's offence characteristics-Application dismissed-Corrections and Conditional Release Act, S.C. 1992, c. 20.