Schemmann v. Canada ( Deputy Commissioner of Corrections, Correctional Service )
T-1444-96
Muldoon J.
4/2/97
9 pp.
Judicial review of denial of grievance concerning requirement privileged correspondence be opened in presence of institutional staff to verify no unauthorized items contained therein-Applicant inmate at Mountain Institution-Neither found in possession of contraband nor convicted of institutional disciplinary infraction-Corrections and Conditional Release Regulations, s. 89(1) allowing Correctional Service of Canada staff to inspect contents of mail received by inmate for contraband, subject to s. 94-S. 94(2) prohibiting opening of communications between inmate and person set out in schedule unless reasonable grounds to believe communications containing evidence of act that would jeopardize security of penitentiary or criminal offence, and communications not subject of privilege-Schedule including judges, registrars of Canadian courts, legal counsel-Application allowed-Reasonable and probable grounds, if any, must be demonstrated in regard to each item-Require legislative authority for universal opening of all privileged correspondence in presence of visits and correspondence officer-Interference with inmate's right to receive privileged information minimally interfered with, but interfered with without reasonable and probable grounds-Corrections and Conditional Release Regulations, SOR/92-620, ss. 89, 94.