Dionne v. Canada (Attorney General), docket T-1877-99

     Date: 20000613

     Docket: T-1877-99

MONTRÉAL, QUEBEC, JUNE 13, 2000

BETWEEN:

     GILLES DIONNE

     Plaintiff

     AND

     ATTORNEY GENERAL OF CANADA

     Defendant

     REASONS FOR ORDER AND ORDER

DENAULT J.

[1]      The arguments made by counsel for the plaintiff in the case at bar have not been able to persuade the Court that it should intervene to quash this decision by Correctional Service Canada refusing to overrule the decision of the Director of the Drummondville Institution to terminate for a three-month period the right to contact visits granted to the plaintiff.

[2]      First, I consider that in light of what was heard and seen by the supervisor at the plaintiff's contact visit with his spouse on April 18, 1999, it was not unreasonable for the director of the institution to think that the plaintiff's behaviour with his visitor could compromise the security of the institution and that wicket visits would accordingly be more appropriate.

[3]      Additionally, the prison authorities did not infringe the rules of natural justice by depriving the plaintiff of contact visits, since this was a purely administrative decision made to ensure good order and security in the institution (Commissioner's Directive 770, para. 9),¹ nor by refusing to comply with the plaintiff's offer to submit to X-rays or placement in a dry cell: the Director was thus exercising a discretionary power belonging to him under para. 18 of Commissioner's Directive 571.

[4]      For these reasons, the application for judicial review is dismissed with costs, which the Court sets at $500.

PIERRE DENAULT      Judge

Certified true translation

Suzanne M. Gauthier, LL.L. Trad. a.

Federal Court of Canada      Trial Division      Date: 20000613      Docket: T-1877-99 BETWEEN:      GILLES DIONNE      Plaintiff      AND      ATTORNEY GENERAL OF CANADA      Defendant      REASONS FOR ORDER AND ORDER

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     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE:          T-1877-99

STYLE OF CAUSE:      GILLES DIONNE

             AND

             ATTORNEY GENERAL OF CANADA

PLACE OF HEARING:      MONTRÉAL

DATE OF HEARING:      JUNE 13, 2000

REASONS BY:      DENAULT J.

DATED:          JUNE 13, 2000

APPEARANCES:

Daniel Royer          FOR THE PLAINTIFF

Éric Lafrenière      FOR THE DEFENDANT

SOLICITORS OF RECORD:

Daniel Royer          FOR THE PLAINTIFF

Morris Rosenberg      FOR THE DEFENDANT

Deputy Attorney General of Canada

__________________

¹      See Gallant v. Canada, [1989] 3 F.C. 329 (F.C.A.), opinion of Marceau J.A., at 342.