Boutilier v. Canada ( Commissioner of Corrections )
T-1970-98
Dubé J.
21/10/98
8 pp.
Application for interlocutory injunction to prevent respondents from implementing and operating palm scanning device (computerized identification, accounting and inventory system) at Joyceville Institution-Now replacing manual paper card accounting system utilized until that time-Purpose of system to better supervise and audit operation of inmates' canteen financed through money held in inmate welfare fund and to reduce incidents of fraud and coercion with respect to goods and money held by canteen-To activate system, inmate places hand on metallic scanning pad for short period of time-Inmates concerned regarding transmission of infectious disease, especially hepatitis C-Spray bottle of disinfectant and wiping cloths provided to clean scanning device before using it-Applicants submitting implementation of device violating applicants' Charter, s. 7 rights to life and security of person-Argument invoking invasion of privacy and unreasonable search under Charter, s. 8 ill-founded as system of computerized identification merely one of many modern methods to deal more efficiently with administrative operations of penitentiaries-Application denied-Number of decisions to effect individual's reasonable expectation of privacy will necessarily be limited in carceral setting-Three tests for interlocutory injunction: serious question; irreparable harm; balance of convenience-Herein, no likelihood of irreparable harm from operation of palm scanning device-Very low risk of contamination and may be prevented by use of peroxide-based disinfectant-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], ss. 7, 8.