PENITENTIARIES |
Tehrankari v. Canada (Correctional Service)
T-1662-98
Lemieux J.
13/4/00
34 pp.
Application for judicial review, invoking Corrections and Conditional Release Act, s. 24, of CSC Commissioner's decision refusing to correct information in files about applicant stating applicant assaulted other inmate and references therein to "recent attempted escapes" and "escapes"--Deportation order issued against applicant to be executed after completion of sentence--Applicant claiming "assault" self-defence, allegations of attempted escapes unfounded and never found guilty thereof, and only escaped prison once, in Iran, to avoid torture--While request for file correction noted, applicant argues noting request providing no remedy in terms of correcting wrong information--Application allowed--Requirements of procedural fairness in circumstances must be fully compatible with concern process of prison administration, because of its special nature and exigencies, should not be unduly burdened or obstructed by imposition of unreasonable or inappropriate procedural requirements: Cardinal v. Kent Institution, [1985] 2 S.C.R. 643--Act, s. 24(1) creating statutory duty on CSC to take all reasonable steps to ensure any information it uses about offender as accurate, up-to-date and complete as possible--In s. 24(1), Parliament has said in plain words that reliance on erroneous and faulty information contrary to proper prison administration, incarceration and rehabilitation--Act, s. 24(2) raising different issues: only covering "profile" information offender has been given access to pursuant to Act, s. 23(2) which in turn relates back to information obtained by CSC under Act, s. 23(1)--Type of information applicant seeks to have corrected of nature and kind contemplated by Act, s. 24(2) and fitting within provisions of Act, s. 23(1)(e) i.e. "any other information relevant to administering the sentence or committal", which must be read ejusdem generis with previous paragraphs--In circumstances, not accurate to assert, as fact, applicant assaulted other inmate; at best, suspected of assaulting other inmate--Reference to escapes, attempted escapes not meeting standards required by Act, s. 24--Commissioner committed number of reviewable errors: did not properly interpret scope of CSC's obligations in terms of accuracy, completeness and up-to-date nature of information--Failed to appreciate nature and limits of discretion inherent in decision to refuse to correct information--CSC, in circumstances, obligated to consider why correction not appropriate--To refuse to correct misinformation on grounds CSC exercised option to increase applicant's security level or to justify inaction to correct on basis information still relevant for administrative purposes amounting to improper considerations--CMO hereby required to review offender's current files and determine whether should be corrected in accordance with reasons herein--Review limited to matters in applicant's original complaint--Applicant to be advised of results of CMO's review and proposed action--Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 23, 24.