Date: 20000613
Docket: T-1877-99
MONTRÉAL, QUEBEC, JUNE 13, 2000
BETWEEN:
GILLES DIONNE
Plaintiff
AND
ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR ORDER AND ORDER
DENAULT J.
[1] The arguments made by counsel for the plaintiff in the case at bar have not been able to persuade the Court that it should intervene to quash this decision by Correctional Service Canada refusing to overrule the decision of the Director of the Drummondville Institution to terminate for a three-month period the right to contact visits granted to the plaintiff.
[2] First, I consider that in light of what was heard and seen by the supervisor at the plaintiff's contact visit with his spouse on April 18, 1999, it was not unreasonable for the director of the institution to think that the plaintiff's behaviour with his visitor could compromise the security of the institution and that wicket visits would accordingly be more appropriate.
[3] Additionally, the prison authorities did not infringe the rules of natural justice by depriving the plaintiff of contact visits, since this was a purely administrative decision made to ensure good order and security in the institution (Commissioner's Directive 770, para. 9),1 nor by refusing to comply with the plaintiff's offer to submit to X-rays or placement in a dry cell: the Director was thus exercising a discretionary power belonging to him under para. 18 of Commissioner's Directive 571.
[4] For these reasons, the application for judicial review is dismissed with costs, which the Court sets at $500.
| PIERRE DENAULT Judge |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
| Federal Court of Canada Trial Division Date: 20000613 Docket: T-1877-99 BETWEEN: GILLES DIONNE Plaintiff AND ATTORNEY GENERAL OF CANADA Defendant REASONS FOR ORDER AND ORDER |
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE: T-1877-99 |
| STYLE OF CAUSE: GILLES DIONNE |
AND
ATTORNEY GENERAL OF CANADA
| PLACE OF HEARING: MONTRÉAL |
| DATE OF HEARING: JUNE 13, 2000 |
| REASONS BY: DENAULT J. |
| DATED: JUNE 13, 2000 |
APPEARANCES:
| Daniel Royer FOR THE PLAINTIFF |
| Éric Lafrenière FOR THE DEFENDANT |
SOLICITORS OF RECORD:
| Daniel Royer FOR THE PLAINTIFF |
| Morris Rosenberg FOR THE DEFENDANT |
Deputy Attorney General of Canada
__________________1 See Gallant v. Canada, [1989] 3 F.C. 329 (F.C.A.), opinion of Marceau J.A., at 342.