PENITENTIARIES |
Ross v. Canada (Commissioner of the Correctional Service)
T-1901-01
2003 FCT 332, Tremblay-Lamer J.
20/3/03
6 pp.
Judicial review of Commissioner of Correctional Service of Canada's (Commissioner) decision denying applicant's grievance at third and final level of grievance process prescribed under Corrections and Conditional Release Act and Corrections and Conditional Release Regulations--Grievance arose out of applicant's designation as "multiple grievor"-- Applicant currently incarcerated in Saskatchewan Penitentiary Max Unit--On July 14, 1998, applicant designated as multiple grievor by A/Deputy Commissioner--As multiple grievor, applicant could submit unlimited number of grievances, but only two routine submissions would be processed per month --Applicant challenges designation as multiple grievor--If applicant believed Commissioner did not have statutory authority to create designation of multiple grievor, applicant should have sought judicial review of decision in 1998, after applicant given designation--Cannot raise arguments now because clearly outside time limit--As all of applicant's submissions based on argument Commissioner does not have statutory authority to create designation of multiple grievor, this reason alone sufficient to dismiss matter--Authority of Commissioner to create designation of multiple grievor found in Corrections and Conditional Release Act, ss. 4(g), 90, 91-- In order for legislation objectives to be met and to ensure all inmates have access to effective grievance procedure, authorities must have ability to designate some inmates as multiple grievors--Otherwise, ability of all inmates to have access to grievance procedure would be unfairly limited by numerous grievances submitted by few inmates--Designation of multiple grievor ensures least restrictive method employed --Inmate can still submit as many grievances as wished--In case at bar, clear from evidence applicant uses grievance procedure in abusive manner--In application record, applicant acknowledges personal policy of giving one grievance per day while in segregation--Allowing grievance procedure to be used in this manner would hamper ability of other inmates to have access to system--Application dismissed--Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 4(g), 90, 91 --Corrections and Conditional Release Regulations, SOR/92-620.