Pinkney v. Canada (Attorney General)

T-1835-00

2001 FCT 1053, Dubé J.

26/9/01

Mandamus--Application for certiorari to quash document "Criminal Profile 1996" that influenced decision of Correctional Service of Canada--Applicant also seeking order of mandamus ordering Correctional Service of Canada, National Parole Board to expunge all references to PCL-R testing and psychopath label in case files--Also applying for order of mandamus that instant judicial review application be proceeded with as action against Attorney General of Canada--Applicant currently serving aggregate sentence of more than 18 years imposed in relation to offences committed in 1985--Granted conditional release, failed to meet conditions imposed--On June 12, 1996, Correctional Service of Canada completed Criminal Profile Report concluding summary of risk assessment indicating applicant "psychopath", still presenting poor prognosis for conditional release, high risk to re-offend--Federal Court without jurisdiction to judicially review decision made by non-federal government entity--However, Court has jurisdiction to review decisions of Correctional Service of Canada, National Parole Board--May order two tribunals to expunge all references to "psychopath" label when use of offending label without justification--Applicant failing to avail himself of adequate alternative remedies--Application should be dismissed for failure to pursue grievance procedures provided in Corrections and Conditional Release Act--Application for relief in nature of mandamus, certiorari dismissed as res judicata--Respondents not allowed to continue using offending label--If applicant intends to pursue action against government in tort, not appropriate to convert instant judicial review application into action under Federal Court Act, s. 18.4(2)--Respondents ordered to refrain from further using "psychopath" label with reference to applicant arising from PCL-R testing of June 12, 1996 assessment--Application allowed in part--Corrections and Conditional Release Act, S.C. 1992, c. 20--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.4 (as enacted by S.C. 1990, c. 8, s. 5).