PENITENTIARIES

Judicial review of inmate’s conviction by Independent Chairperson of possession of unauthorized item—Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 41 (CCRA) requiring staff member to take all reasonable steps to resolve matter informally where believes inmate committing disciplinary offence—Chairperson stating no role to play in informal resolution process which must be undertaken before charges laid—Application allowed—Laplante v. Canada (Attorney General), [2003] 4 F.C. 1118 (C.A.) applied—Chairperson erred in law in interpretation of s. 41—Although not obliged to take action to have matter settled informally, required to turn mind to whether rights under s. 41 respected—Application allowed.

Robinson v.  Canada (Attorney General) (T-1613-05, 2006 FC 1064, Noël J.A., judgment dated 7/9/06, 20 pp.)