Leprette v. Canada ( Warden of the Edmonton Institution )
T-3041-91
Jerome A.C.J.
10/11/92
8 pp.
Application to quash decision to transfer applicant from Edmonton Institution to Special Handling Unit of Prince Albert Penitentiary and for mandamus directing respondents to transfer him back to Edmonton Institution -- Applicant aggressive homosexual who often assaulted other inmates -- On [ho]February 21, 1991 notified of involuntary transfer recommendation in response to which filed undated, three-page letter -- Also given copy of Progress Summary Appraisal and Recommendation dated February 27, 1991 -- On March 22, 1991 transferred to Regional Psychiatric Centre in Saskatchewan for assessment -- Returned to Edmonton Institution on June 12, 1991 -- Regional Transfer Board reviewing transfer documentation package and recommending transfer to Special Handling Unit -- Acting Regional Deputy Commissioner approving transfer June 27, 1991, explaining delay in decision due to transfer to Regional Psychiatric Centre -- Applicant submitting respondents failed to comply with Commissioner's Directive requiring decision on recommendation for involuntary transfer to higher security institution to be made within 30 days of date inmate receiving written notification of recommendation, and reasons for decision be provided within 10 days of decision being made -- R. v. Institutional Head of Beaver Creek Correctional Camp, Ex p. MacCaud, [1969] 1 O.R. 373 (C.A.) applied -- Failure to comply with Commissioner's Directive not resulting in decision-maker's loss of jurisdiction -- Failure to comply with 30-day time limit not breach of duty to act fairly -- Commissioner's Directives neither carrying force of law nor conferring rights upon inmate -- Corrections staff not owing duty to inmates to adhere to directives -- Merely rules directed towards internal procedure, designed to facilitate administration of penitentiary system -- Court had discretion to quash decision if failure to observe Commissioner's Directive giving rise to unfairness or denial of justice -- Strict compliance with time limit making no substantial difference here -- Mere technical transgression, not resulting in failure to comply with duty to act fairly -- Penitentiary Act, R.S.C., 1985, c. P-5, ss. 15(3), 37 -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18 (as am. by S.C. 1990, c. 8, s. 4).