Bullock v. Canada
A-706-96
Létourneau J.A.
3/12/97
11 pp.
Appeal from Motions Judge's decision dismissing motion for order extending time to file application for judicial review from decision of Correctional Services of Canada ordering appellant's involuntary transfer from medium security to maximum security institution-Appellant currently inmate of Kingston penitentiary, serving indeterminate sentence for variety of offences-On December 12, 1994, respondent approved appellant's emergency involuntary transfer to Kingston penitentiary-Appellant spent almost three years in maximum security jail pursuant to decision to order transfer-First obstacle for appellant to overcome delay in seeking judicial review-Basic rule established by Federal Court Act, s. 18.1(2) judicial review has to be sought within 30 days from day impugned decision rendered-Extension of time allowed only if entire delay satisfactorily accounted for and application discloses fairly arguable case within jurisdiction of Court-Where unrepresented inmate held on indeterminate sentence still suffers prejudicial effects of transfer to maximum security institution, including jeopardy of parole rights, concepts of time, due diligence, justice take different connotation-Appellant has given reasonable, satisfactory explanation for eight-month delay in bringing application for judicial review-Application for extension of time meets first part of test-No evidence in record before Court appellant given adequate information to meet allegation made by another inmate which appeared to be main justification for transfer-Appellant never told of additional serious allegations against him, let alone given details, opportunity to rebut them-Has shown arguable case with respect to fairness of involuntary transfer by respondent to maximum security institution-Justice requires extension be granted to have legality of transfer reviewed-Appeal allowed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(2) (as enacted by S.C. 1990, c. 8, s. 5).