Pitre v. Canada ( Attorney General )
T-367-98
Rouleau J.
26/1/99
7 pp.
Application for judicial review of decision of warden of Correctional Service of Canada's Regional Reception Centre-Warden approving applicant's transfer to medium-security Archambault Institution-Warden's decision based on notice of recommendation of involuntary transfer dated January 20, 1998-Risk of applicant's escape no longer acceptable in minimum-security institution-Applicant challenging transfer, arguing transfer unfounded in law-French version of Corrections and Conditional Release Regulations, s. 18 differs from English version-According to English version, in order to be classified as minimum security, inmate must meet dual requirements of s. 18(c)(i), (ii) because Parliament used word "and"-French version, by using word "soit" [or], requires inmate meet just one of criteria set out in s. 18(c) to be classified as minimum security-Two versions irreconcilable-Parliament's intent better conveyed by English text-Foremost goal of Service to protect public-Therefore reasonable that inmate meet greatest number of criteria possible in order to be classified as minimum security, and that classification be raised as soon as inmate no longer lives up to one of criteria-Interpretation would explain use of word "or" between criteria set out for medium and maximum classifications, each criterion representing violation of one of two requirements for minimum classification-Since reports show applicant actively seeking to escape, with intention of planning big job, applicant required moderate degree of supervision and control within penitentiary-Application dismissed-Corrections and Conditional Release Regulations, SOR/92-620, s. 18(c).