Alcorn v. Canada ( Commissioner of Corrections )
T-1945-97
Teitelbaum J.
3/6/98
6 pp.
In matter relating to installation of new telephone system for use by inmates in Federal Correctional Centres, called Millennium Telephone System (MTS), present motion to add seven additional inmates as applicants and to add additional ground to originating notice of motion: installation of MTS in prisons in Pacific Region violating applicants' Charter, s. 2(a) and (b) rights to freedom of conscience, religion, thought, belief, opinion and expression-Applicants in main proceeding each from one of eight penitentiaries in British Columbia-Concern access to both family, friends, community, and to legal counsel, would be violated by implementation of MTS-Intended applicants appear out of time to commence proceedings to review decision to install MTS-In effect, intended applicants wish to join existing judicial review proceeding, rather than commence own duplicate proceeding which might well be out of time-In any event, intended applicants need extension of time in order to become parties-However, all of incidents deposed to in affidavits of intended applicants took place after judicial review proceeding initiated-Incidents not essential, indeed irrelevant, and need not be before Court to see that justice done, on issues raised in originating notice of motion, between applicants and respondents-Adding number of intended applicants, who will deal entirely with operational difficulties with MTS, arising after decision to install MTS, will add nothing to proceedings-As to new ground, applicants have failed to give reason why new ground not contained in original originating notice of motion as filed, other than to say raised by new evidence which intended applicants might give-New grievances and difficulties, if not resolved within prison grievance system, may give rise to separate judicial review proceedings concerning new and separate decisions-To add new ground to proceeding, supported by evidence of events that took place well after decision under review, would be counter-productive-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 2 (a), (b).