PENITENTIARIES |
Wedow v. Canada (Correctional Service)
T-1597-00
2001 FCT 1427, Campbell J.
21/12/01
5 pp.
Application for judicial review of Bowden Institution warden's decision not to provide applicant with information regarding refusal to allow applicant's friend entry because of "positive" cocaine, heroine reading on institution's Ion Scanner--Issue whether obligation on warden to provide applicant, friend, in writing, with test results of Ion Scanner--Application allowed--Corrections and Conditional Release Act, s. 71(1) entitling inmates to reasonable contact, including visits, correspondence, with family and friends, subject to safety and security measures--Entitlement reinforced in Regulations and Commissioner's directives--When visits refused or suspended, Regulations and directives both provide inmate, visitor be informed of reasons thereof, and be given opportunity to make representations--Scheme requiring provision of test results to applicant, visitor--Furthermore, applicant's, visitor's procedural fairness rights breached herein as not promptly provided, in writing, with written test results of Ion Scanner--Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 71(1)--Corrections and Conditional Release Regulations, SOR/92-620.