PENITENTIARIES |
Blass v. Canada
A-819-00
2002 FCA 220, Pelletier J.A.
28/5/02
11 pp.
Appeal from decision ((2000), 197 F.T.R. 294) allowing application for judicial review of decision to place respondent in administrative segregation--Respondent suspected of being instigator of disruption at Port-Cartier Institution causing significant equipment damage and jeopardizing security of institution--Respondent placed in administrative segregation for 19 days on ground presence would interfere with ongoing investigation--Issues raised: whether prison authorities had reasonable grounds for placing respondent in administrative segregation under Corrections and Conditional Release Act, s. 31(3)(b); whether prison authorities breached rules of procedural fairness by failing to give respondent sufficient information to enable him to effectively challenge decision to place him in administrative segregation--Trial Judge allowing application for judicial review on ground prison authorities breached fairness principle by failing to give him any relevant information concerning allegations behind administrative segregation--Appeal allowed--Judge satisfied respondent placed in administrative segregation because of allegations implicating him in events--However, absent any evidence grounds stated by management at time respondent placed in administrative segregation and at each review of placement not real grounds, judge had to accept grounds as stated--No evidence in record from which he could have found grounds relied on by prison authorities fictitious--Judge misled by confounding cause of respondent being placed in segregation with occasion for placement--Herein, respondent not alleged to be instigator, but that his presence would interfere with investigation--Having more details about information indicating he was instigator not going to put respondent in better position to challenge validity of fear he would interfere with ongoing investigation--Court's intervention justified as judge erred by failing to address issue of reasonableness of fear respondent would interfere with ongoing investigation, and by addressing issue of adequacy of information given to respondent concerning allegation he was instigator of disturbance at Port-Cartier Institution-- Institutional head had reasonable grounds to believe respondent's presence in general inmate population could interfere with investigation, to identify instigator or instigators of disturbance--Not unreasonable to think in respondent's interest to influence other people's testimony, by whatever means available to him, to avoid being charged as instigator--With respect to procedural fairness, penitentiary authorities informed respondent they believed his presence would interfere with ongoing investigation and told him facts on which they based conclusion--Not necessary to give him more details about information--Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 31(3)(b).