PENITENTIARIES |
Edwards v. Canada (Attorney General)
T-2009-02
2003 FC 1441, von Finckenstein J.
10/12/03
13 pp.
Applicant federal inmate--Case management team concluded applicant should undergo Specialized Sex Offender Assessment (assessment) pursuant to Commissioner's Standard Operating Practice (SOP) 700-04, s. 37--Applicant refused to undergo assessment--As result, applicant denied access to Prison Family Visits (PFVs) by three levels of prison management--Applicant seeking judicial review of Commissioner's decision based on SOP 700-74, s. 37-- Whether requirement prisoner undergo assessment as set out in SOP 700-04, s. 37 ultra vires Corrections and Conditional Release Act (Act)--Applicant arguing Commission should only be allowed to request sex offender assessment where offender has been convicted of sexual offense--Paramount goal of Act maintenance of just, peaceful and safe society--In case of family visits, of course, one of concerns safety of persons visiting offender--Act, s. 97 authorizes SOP 700-04, s. 37--SOP 700-04 serving purpose of facilitating scheme of Act, including express purpose and guiding principles-- Consequently, intra vires Act--Whether proper exercise of Commissioner's discretion to require applicant regarding appropriateness of Sex Offender Porgram successfully undergo assessment before being granted PFVs--Information on applicant's file revealing applicant involved in many violent incidents with women with whom he had intimate relations--On one hand, information would suggest there may be risk for "safety of persons", namely, to his wife and children--On other hand, applicant never convicted of sexual offence--Commissioner's interpretation of Act, s. 71(1) not reasonable in context of facts surrounding applicant-- Difficult to reconcile prerequi-site of insisting on sex offender assessment before PFV granted with fact applicant not convicted of sexual offence and with final Program Performance Report of applicant's successful completion of High Intensity Family Violence Program--Act providing applicant has right to PFVs subject only to reasonable limits-- Here, Commissioner erred in deciding that it was "reasonable limit" to require applicant to successfully complete sex offender assessment before being granted PFVs--Judicial review allowed--Corrections and Conditional Release Act, R.S.C. 1992, c. 20 s. 97.