Date: 19980824
Docket: T-1669-97
OTTAWA, ONTARIO, AUGUST 24, 1998
Present: THE HONOURABLE MR. JUSTICE NADON
Between:
GÉRALD GAUTHIER
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
ORDER
The application for judicial review is dismissed.
MARC NADON
Judge
Certified true translation
Bernard Olivier
Date: 19980824
Docket: T-1669-97
OTTAWA, ONTARIO, AUGUST 24, 1998
Present: THE HONOURABLE MR. JUSTICE NADON
Between:
GÉRALD GAUTHIER
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
NADON J.:
[1] In his application for judicial review, the applicant is seeking to have the decision of the Regional Deputy Commissioner of the Correctional Service of Canada dated July 9, 1997, approving the transfer of the applicant from the Donnacona penitentiary special handling unit ("S.H.U.") at the Ste-Anne-des-Plaines penitentiary. In the applicant's opinion, the correctional service did not provide him with enough information to allow him to present [translation] "a relevant and intelligent defence as required by the principles of procedural fairness".
[2] The relevant facts are as follows. Since March 1969, the applicant has been serving a life sentence for first-degree murder. On June 23, 1997, the applicant received a notice of recommendation of involuntary transfer to the S.H.U. at Ste-Anne-des-Plaines. The notice of recommendation reads as follows:
| [translation] On 4 June 97 a serious assault on inmate Peter Laurie occurred at our institution. Information leads us to believe that you played a leading role in that event. |
| In addition, numerous reports submitted to preventive security (reference: PS of 97.06.23, heading "Preventive Security Information", page 3) indicate to us that you are involved in institutional trafficking in influence, narcotics and intimidation of peers. That information also confirms that you are connected to entries of narcotics involving a member of staff. |
| These implications are very serious and seriously threaten the security of the institution and of individuals. The CMT believes that your case cannot be managed in a regular population and your conduct is our proof of this. In accordance with C.D. 540-10A, we are submitting your case as soon as possible for involuntary transfer to administrative segregation at the R.R.C. |
| For the same reasons, your case will ultimately be examined for the purposes of admission to the S.H.U. at the R.R.C. |
[3] On June 23, 1997, the applicant also received a progress summary (PS). That nine-page document was prepared by the correctional service for an examination of the applicant's transfer. The PS briefly outlines the applicant's history in the penitentiary and sets out the reasons why the correctional service wishes to transfer him to the S.H.U. at Ste-Anne-des-Plaines. The PS contains summaries of preventive security reports on which the correctional service relied in concluding that a transfer was necessary.
[4] On July 9, 1997, the Regional Deputy Commissioner of the correctional service gave his approval for transferring the inmate to the S.H.U. at Ste-Anne-des-Plaines for assessment.
[5] The only issue here is whether the Correctional Service provided the applicant with enough information to allow him to make the submissions he considered appropriate before the decision to transfer him was made.
[6] The reasons on which the correctional service relied for transferring the applicant to the Ste-Anne-des-Plaines institution are, to all intents and purposes, identical to the reasons on which the correctional service relied for transferring the applicant Cartier in file nos. T-1668-97 and T-2652-97. For the reasons I stated in those cases, I have concluded that the applicant's application for judicial review must be dismissed. In my opinion, the information provided to the applicant, that is, the information set out in the PS of June 23, 1997, was sufficient to comply with the rules of procedural fairness.
[7] A copy of my reasons in file nos. T-1668-97 and T-2652-97 will be included in the record of this case. The application for judicial review will therefore be dismissed.
Ottawa, Ontario MARC NADON
August 24, 1998 Judge
Certified true translation
Bernard Olivier
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO: T-1669-97
STYLE OF CAUSE: GÉRALD GAUTHIER v. AGC
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 30, 1998
REASONS FOR JUDGMENT OF NADON J.
DATED: August 24, 1998
APPEARANCES:
Annick Trépanier FOR THE APPLICANT
Éric Lafrenière FOR THE RESPONDENT
SOLICITORS OF RECORD:
Annick Trépanier
Montréal, Quebec
FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General
of Canada
| Ottawa, Ontario FOR THE RESPONDENT |