PENITENTIARIES |
Zarzour v. Canada (Attorney General)
T-1793-98
Rouleau J.
28/1/00
12 pp.
Application for judicial review of decision of director of La Macaza penitentiary to raise applicant's security level from low to medium and to place him in segregation, and decision of Regional Reception Centre to transfer plaintiff from La Macaza to Drummond institution--Decisions resulted from theft of goods valued at $2,229 at La Macaza canteen and attack on fellow inmate--Application allowed--Question regarding segregation now moot--Fairness obligation requires in case of transfer inmate should receive whatever information needed to be able to make comments--Grounds in case at bar charges of theft and attacking fellow inmate--Investigator in charge of case admitted plaintiff did not participate in conspiracy to attack fellow inmate--On evidence appeared theft charges not based on anything more than suspicion--Finally, impossible to conclude plaintiff's behaviour jeopardized safety and security of institution--In light of recent case law, plaintiff did not receive sufficient information about grounds for his transfer and raising of his security level to say rules of procedural fairness observed--Furthermore, allegations and charges in question will have to be deleted from plaintiff's record.