ADMINISTRATIVE LAW |
Judicial Review |
Certiorari |
Ross v. Canada
T-241-00
2001 FCT 1396, Kelen J.
17/12/01
13 pp.
Application for judicial review of penitentiary disciplinary hearing decision--Applicant found guilty of «minor» disciplinary offence, fined $25 for making papier mâché model airplanes, jewellery without appropriate «hobby permit»--At material time, applicant inmate at Grande Cache Institution, Alberta--Charged under Corrections and Conditional Release Act, s. 40(r) with wilfully disobeying written rule--Latter referring to written permits granted to applicant which permitted number of hobby crafts--Applicant filing grievance under s. 40 on grounds Correctional Supervisor A. Rancourt prevented him from having fair hearing--Under Federal Court Act, s. 18.1(4)(b), F.C.T.D. may set aside decision if satisfied federal board, tribunal failed to observe principle of natural justice, procedural fairness-- Applicant had opportunity to speak to sentence before final sentence would be imposed--Chose not to make further submissions--Duty of procedural fairness met--Given that disciplinary offence minor, fine $25, applicant had opportunity to speak to sentence before sentence finalized, declined opportunity, applicant had fair hearing, not prejudiced--Application dismissed--Judicial review under s. 18 discretionary--Court ought to exercise discretion with restraint--Interference not justified in cases of trivial, merely technical incidents--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5)--Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 40.