PENITENTIARIES |
Maurice v. Canada (Attorney General)
T-1487-99
2002 FCT 69, Campbell J.
21/1/02
8 pp.
Application for judicial review of CSC Commissioner's denial of grievances against Ste-Anne-des-Plaines correctional facility's warden's denial of applicant's request to be served vegetarian diet--Requests denied on basis special diets only authorized for religious beliefs or medical grounds-- Applicant had previously been provided vegetarian diet because of membership in Hare Krishna faith--However, applicant renounced religious faith in 1998, but continued to demand special vegetarian diet based on "freedom of conscience"--Freedom of conscience and religion in Charter, s. 2(a) invoked--Application allowed--While CSC has recognized legal duty to facilitate religious freedoms outlined in Charter, freedom of conscience has effectively been ignored --CSC cannot incorporate Charter, s. 2(a) in piecemeal manner; both freedoms must be recognized--Vegetarianism dietary choice founded in belief consumption of animal products morally wrong--Underlying belief system may fall under expression of "conscience"--Just as entitlement for religious diet may be found in Charter, s. 2(a), similar entitlement for vegetarian diet exists based on right to freedom of conscience--Entitlement further bolstered by guiding principles for CSC as outlined in Corrections and Conditional Release Act, s. 4(a) (providing inmates retain rights and privileges of all members of society, except those necessarily removed or restricted because of sentence), 4(h) (providing correctional programs, policies and practices should be responsive to needs of offenders with special requirements)-- These broad principles reinforce view dietary needs based on religion or conscience should be accommodated--Accom-modating vegetarian's conscientiously held beliefs imposing no greater burden on institution than that already in place for provision of religious diets--Positive measures must be taken to facilitate freedom of conscience, subject only to same safety and security limitations that exist for accommodation of religious beliefs--For inmate to take advantage of finding, cogent evidence must be produced, as herein, to prove conscientious belief on balance of probabilities--Both Charter and Corrections and Conditional Release Act legislative scheme entitle applicant to vegetarian diet--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 2--Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 4(a),(h).