PENITENTIAIRIES
Application to declare ultra vires Directive No. 259 of Commissioner, Correctional Service of Canada prohibiting smoking within cells, private family visiting facilities—Corrections and Conditional Release Act, S.C. 1992, c. 20 authorizing Commissioner of Correctional service to adopt such directive (ss. 70, 97 and 98), to impose disciplinary sanctions for non‑compliance (s. 40)—Several decisions already declaring smoking prohibitions in penitentiaries valid—Furthermore, Directive No. 259 not incompatible with Non‑smokers’ Health Act, R.S.C., 1985 (4th Supp.), c. 15 and Non‑smokers’ Health Regulations, SOR/90‑21—Application dismissed.
Boucher v. Canada (Attorney General) (T‑1729‑06, 2007 FC 893, Lagacé D.J., judgment dated 7/9/07, 12 pp.)