Date: 20000117
Docket: T-2194-98
BETWEEN:
CLAUDE ROBINSON
Applicant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
REED, J.:
[1] This is an application for judicial review of a decision by the Commissioner of Correctional Service Canada, dated March 23, 1998.
[2] The Commissioner describes the grievance before him as being a grievance of "... the Warden's decision not to authorize automatic bi-weekly deductions from all inmates' accounts to be placed in a legal fund to pay for PLAN's group court action against the Correctional Service of Canada (CSC)" (emphasis added).
[3] Further, in the decision, the Commissioner writes "You ... have maintained your insistence that institutional officials should administer this effort, by ensuring that automatic deductions are made from all inmates' accounts. CSC has not authority to make such deductions. Individual inmates, if they so desire, may make one or more contributions to this fund, as each individual deems is appropriate in their instance." (emphasis added).
[4] The applicant was trying to establish an organization called the Prisoners Legal Advocates Network Society - P.L.A.N.. The purpose of the proposed society is described in material the applicant prepared:
| The concept of the Prisoners Legal Advocates Network-P.L.A.N.- is to create our own national organization to provide the means whereby federal prisoners and parolees, our families and supporters will have a central organization of our own to obtain legal advice, information and representation about prison law and civil law regarding prison and parole situations. It will be the central organization to which prisoners nationwide will be donating funds for legal representation on issues that affect prisoners and to support the organization and its objectives. |
[5] It was proposed that the society, for example: could hire in-house counsel; have a properly equipped office, with a complete library of up-to-date prison law cases accessible by computer network; prepare a booklet on defences, procedures and due process rules for constitutional disciplinary hearings; prepare and distribute a national information newsletter. The society would have legal services available on a stand-by basis.
[6] The wording of the Commissioner's refusal letter gives the impression that he was of the view that the applicant was seeking funds to support an existing Court action. Also, his reference to deductions that would be made from all inmates' accounts leaves a reader with the impression that he did not sufficiently appreciate that the applicant was only asking for automatic deductions to be made from the savings accounts of those who authorized such deductions.
[7] In addition, the Commissioner's decision that the grievance be dismissed was based on his understanding that CSC did not have authority to make automatic deductions, of the kind contemplated by the applicant, from the inmates' accounts. Counsel for the respondent explained that this was based on the provisions of section 15 of the Commissioner's Directive 860.1 Those provisions, however, relate to the deductions that may be made from payments that are being made to inmates. They do not relate to amounts to be paid out of an inmate's savings account at his request. If the Commissioner relied upon section 15, as it appears he did, for the conclusions he reached, then he was wrong in law, and his decision must be set aside.
[8] I have not made reference to the refusal to authorize the use of bulk disbursements forms, as opposed to indiviudal request forms, for the solicitation of funds from the inmates, because I can find no error in that decision.
[9] For the reasons given, the decision under review will be set aside, and the matter referred back to the Commissioner or his delegate, that is to someone other than the person who made the decision of March 23, 1998, for redetermination.
Judge
OTTAWA, ONTARIO
January 17, 2000
__________________ 1 15. Permissible deductions and forfeitures from payments authorized under subsection 78(1) of the Corrections and Conditional Release Act shall include, in the following order of priority:
a. reimbursement for any indebtedness to the Crown;
b. payment for the Inmate Welfare Fund $0.10 for each day paid, to a maximum of $1.00 per pay period;
c. repayment of loans from the Inmate Welfare Fund; and
d. a deduction for room and board, authorized under subsection 78(2) of the Corrections and conditional Release Act. This deduction will amount to 30 per cent of earnings which exceed the top offender pay rate, after deductions for the Inmate Welfare Fund and for compulsory savings, and will not exceed 25 per cent of gross approved earnings.