[2012] 3 F.C.R. D-5
Penitentiaries
Judicial review of decision by Correctional Service of Canada (CSC) Senior Deputy Commissioner advising that decision-making authority for classification to other than maximum security as provided under Commissioner’s Directive CD-705-7, paragraph 12 remaining with warden—Applicant, convicted of first degree murder while still a youth, requesting that Assistant Commissioner grant override of two-year maximum security policy upon entering adult federal penitentiary system—Assistant Commissioner responding by noting that prior to rendering decision on exceptional override, case must be prepared by Intake Assessment Unit—Intake parole officer, Penitentiary Placement Board recommending placement in maximum security facility due to applicant’s belligerency, immaturity—Not making recommendation regarding exceptional override—Main issue whether CSC improperly sub-delegating decision-making authority or breaching duty of fairness in classification, placement of applicant in light of CD-705-7—Memorandum on initial penitentiary placement elaborating on procedure for assessing exceptional cases under paragraph 12, enabling Assistant Commissioner to address such cases warranting classification, placement other than maximum security—Such process not representing improper sub-delegation of authority, but further elaboration of process under CD-705-7, paragraph 12 for ensuring appropriate inmate classification—Assistant Commissioner remaining primary, final decision maker—Senior Deputy Commissioner’s letter not improper sub-delegation of authority to warden, but recognition that initial security classification of applicant made, within domain of warden going forward—Although Senior Deputy Commissioner not clearly articulating why decision resting with warden, such approach generally consistent with CSC internal policies—Memorandum could be made clearer by indicating that no decision to be made by Assistant Commissioner when intake parole officer not making recommendation regarding exceptional override—Powers delegated under CD-705-7 administrative in nature, falling within exception to delegatus non potest delegare doctrine—Applicant failing to exhaust available internal remedies—Application dismissed.
Bagshaw v. Canada (Attorney General) (T-356-11, 2012 FC 291, Near J., judgment dated March 6, 2012, 18 pp.)