Date: 20020625
Docket: A-518-01
Neutral citation: 2002 FCA 274
CORAM: LÉTOURNEAU J.A.
ROTHSTEIN J.A.
BETWEEN:
SERGE DUPRAS
Appellant
and
PAUL T.L. URMSON, WARDEN OF KENT
INSTITUTION, PEITER DEVINK, DEPUTY COMMISSIONER,
REGIONAL HEADQUARTERS PACIFIC, ROXY MANDZIAK,
REGIONAL TRANSFER OFFICER, REGIONAL HEADQUARTERS
PACIFIC, GUY VILLENEUVE, ASSISTANT DEPUTY COMMISSIONER,
REGIONAL HEADQUARTER LAVAL, CAROLINE TURCOTT,
REGIONAL TRANSFER OFFICER, REGIONAL RECEPTION CENTRE QUEBEC
Respondents
Heard at Vancouver, British Columbia, on June 25, 2002.
Judgment delivered from the Bench at Vancouver, British Columbia, on June 25, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 20020625
Docket: A-518-01
Neutral citation: 2002 FCA 274
CORAM: LÉTOURNEAU J.A.
ROTHSTEIN J.A.
SHARLOW J.A.
BETWEEN:
SERGE DUPRAS
Appellant
and
PAUL T.L. URMSON, WARDEN OF KENT
INSTITUTION, PEITER DEVINK, DEPUTY COMMISSIONER,
REGIONAL HEADQUARTERS PACIFIC, ROXY MANDZIAK,
REGIONAL TRANSFER OFFICER, REGIONAL HEADQUARTERS
PACIFIC, GUY VILLENEUVE, ASSISTANT DEPUTY COMMISSIONER,
REGIONAL HEADQUARTER LAVAL, CAROLINE TURCOTT,
REGIONAL TRANSFER OFFICER, REGIONAL RECEPTION CENTRE QUEBEC
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia
on June 25, 2002)
[1] The appellant is attacking his involuntary transfer by the penitentiary authorities from the maximum security Kent Institution to the maximum security penitentiary in Port Cartier.
[2] We are of the view that this appeal from a decision of McKeown J. dismissing the appellant's application for judicial review ought to be dismissed for two reasons.
[3] First, as a result of an alleged armed assault on another inmate, the appellant has been transferred out of Port Cartier and put in segregation in a Regional Reception Centre in Quebec where he is now being reassessed for a new transfer. We are told by counsel for the government that he is not likely to be returned to Port Cartier. Any decision taken by the Correctional Services with respect to the appellant's new placement can be the subject of the internal grievance process and challenged by the appellant. The issue of his prior placement in Port Cartier is now moot and the appellant will not be without remedy when a new decision is made by the authorities.
[4] Second, in any event, we would not order his return to Kent Institution as he wants, especially in view of the fact that subsequent events have given rise to administrative and security concerns that are to be assessed first by the penitentiary authorities who, we should say, are in a better position than we are to make an appropriate determination.
[5] The appeal will be dismissed.
(Sgd.) "Gilles Létourneau"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-518-01
STYLE OF CAUSE: Serge Dupras v. Paul T.L. Urmson et al.
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: June 25, 2002
REASONS FOR JUDGMENT : LÉTOURNEAU J.A.
DATED: June 25, 2002
APPEARANCES:
Donna M. Turko FOR THE APPELLANT
Ken Manning FOR THE RESPONDENT
SOLICITORS OF RECORD:
Donna M. Turko FOR THE APPELLANT
Vancouver
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada