ADMINISTRATIVE LAW |
Judicial Review |
Prohibition |
Patterson v. Canada (Warden of Bath Institute)
T-820-04
2004 FC 1373, Mosley J.
7/10/04
6 pp.
Application for writ of prohibition to preclude respondents from refusing to take certain actions, make decision in relation to management of offenders--Applicant serving sentence at medium security institution--Warden refusing request for transfer to minimum security institution--Grievance of decision denied at regional level; national level grievance still under consideration--Answer expected less than one month before anticipated release date--Application for judicial review of warden's decision more suitable vehicle for Court to address complaints than this application for prerogative writ --Applicant challenging Warden's decision and Correctional Service's alleged practice of basing classification and transfer decisions in part upon willingness of offenders to admit guilt, express remorse--As little evidence before Court explaining basis for Warden's decision, unable to treat this as application for judicial review of decision--Corrections and Conditional Release Regulations, s. 81 providing internal grievance procedure suspended when offender seeking legal remedy concerning same subject-matter--Apparently s. 81 not applied herein, as grievance procedure not formally suspended pending outcome of application--"Catch 22" situation: applicant barred from obtaining extraordinary remedy from Court until exhausted available alternative avenue (grievance) --That procedure normally not open to him while application pending before Court--Condo v. Canada (Attorney General) (2003), 301 N.R. 355 (F.C.A.) binding--Applicant not entitled to pursue application for extraordinary remedy until internal grievance procedure exhausted--Application dismissed--Corrections and Conditional Release Regulations, SOR/92-620, s. 81.