PAROLE |
Mennes v. McClung
T-2351-00
2001 FCT 1349, Blais J.
7/12/01
11 pp.
Application for judicial review of decision by Acting Assistant Commissioner Karen J. Wiseman, Correctional Service of Canada (CSC) under Corrections and Conditional Release Act, ss. 4(g), 90, 91--Applicant inmate at Warkworth Institution in Campbellford, Ontario, working as grievance clerk at office of Institutional Grievance co-ordinator-- Complaint entered in regard to state of laundered bed linens returned to applicant--Denied at each level grievance-- Acting Assistant Commissioner denying applicant's third-level appeal--CSC not making reviewable error in denying applicant's third-level appeal--Decision to deny applicant's third-level appeal based on pure findings of fact, therefore appropriate standard of review patent unreasonableness-- Determination of outcome of applicant's grievance appropriately delegated by Commissioner of Corrections to Acting Assistant Commissioner--No requirement under Act for Commissioner of Corrections to individually, directly review complaints at third-level appeal, any other level-- Impractical for Commissioner of Corrections to review all grievances made by every inmate in country, at each level of appeal--Assistant Commissioner Michel Roy entitled to delegate authority to Acting Assistant Commissioner under Act, s. 2(2) for purpose of rendering final decision in grievance process--No reason warranting intervention of Court as decision of Acting Assistant Commissioner not revealing reviewable errors--Application dismissed-- Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 2 (as am. by S.C. 1995, c. 42, s. 1; 1997, c. 17, s. 11; 2000, c. 12, s. 88), 4 (as am. by S.C. 1995, c. 42, s. 2), 90, 91).