PENITENTIARIES |
Terreault v. Canada (Correctional Service)
T-632-03
2004 FC 50, Martineau J.
15/1/04
12 pp.
Judicial review of adoption of Commissioner's Directive 566-4 entitled "Inmate Counts" (Directive)--Applicant alleges Directive invalid because elaborated without consulting inmates--Respondents maintain Directive certainly pertains to security matter and exception to inmate contribution provided under Act, s. 74 applies--Correctional Service of Canada has statutory obligation to enable inmates to participate in decisions concerning inmate population, except issues relating to security matters--Must give Act, s. 74 broad and liberal interpretation--On other hand, must acknowledge that inmates' right to participate not absolute but subject to important restriction when "security matter" at issue-- Reasonable to claim inmate counts directly connected to supervision of inmates and to their well-being, therefore to matters of "security" in broadest sense--Logical connection between Directive and achieving objectives of Act, that living and working conditions of inmates and working conditions of staff members safe, healthful and free of practices undermining sense of personal dignity--Judicial review dismissed--Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 74.