William Head Institution Inmate Committee v. Canada ( Corrections Service )
T-828-93
Rothstein J.
13/8/93
6 pp.
Application to quash respondent's decision to terminate university program and for mandamus to compel respondent to maintain university courses at William Head Institution -- Decision based on determination other programs deserving priority, and budgetary constraints -- Inmates not consulted before decision made -- Corrections and Conditional Release Act, s. 74 providing Service shall provide inmates with opportunity to contribute to decisions affecting inmate population as whole, except decisions affecting security matters -- S. 76 requiring Service to provide range of programs to meet needs of offenders, contribute to successful reintegration into community -- Discussions with inmates after decision made not sufficient compliance with s. 74 -- Opportunity to contribute must be afforded inmates before decision affecting them made -- Decisions contemplated by s. 74 those relating to purpose of correctional system set out in s. 3 -- S. 3(b) providing provision of programs in penitentiaries to assist in rehabilitation of offenders for purpose of contributing to maintenance of just, peaceful and safe society -- S. 4(c) providing respondent to communicate with offenders about such programs -- University program at William Head part of educational program for inmates, introduction of which to assist in rehabilitation -- Rehabilitation of inmates more likely to be achieved through use of educational programs such as university program than without them -- Decisions affecting educational programs for inmates in penitentiaries contemplated by s. 74 -- In failing to provide inmates with opportunity to contribute to decision terminating university program, respondent failed to adhere to requirements of s. 74 and erred in law -- Decision to terminate university program quashed -- As no legal obligation on respondent to provide or maintain specific programs, no basis for mandamus -- Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 3, 4, 74, 76.