PENITENTIARIES
Application for declaration, mandatory injunction—Interlocutory injunction prohibiting Correctional Service Canada (CSC) from allowing temperature in Temporary Detention Unit (TDU) at Matsqui Institution from dropping below stipulated temperatures—Doors left open to clear cigarette smoke—Evidence winter temperatures ranging from low teens Celsius to as low as ‑12 degrees, although more typically 0 degrees—Conflicting evidence as to availability of clothes, blankets—Duty to provide safe, healthy living environment set out in Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 70, 86, 87, Corrections and Conditional Release Regulations, SOR/92‑620, s. 83 including provision of adequate heat—Proper case for departure from complaints process set out in Regulations given potential health issues, seasonal nature of problem, no evidence as to timeliness, effectiveness of complaint process or that complaints will be acted upon—Motion allowed.
Gates v. Canada (Attorney General) (T‑2284‑06, 2007 FC 1058, Phelan J., judgment