Crawshaw v. Canada (Attorney General), docket T-386-99

Date: 19990715

Docket: T-386-99

BETWEEN:

     ALLAN ARTHUR CRAWSHAW,

     Applicant,

     - and-

     THE ATTORNEY GENERAL OF CANADA,

     Respondent.

     REASONS FOR ORDER

ROULEAU J.

[1]          This is an application for judicial review of a decision rendered on January 17, 1999 by the commissioner of corrections in which he denied that there had been an infringement of the applicant"s Charter rights; the applicant, an inmate at Mission Institution, had been refused access to mailing a sweepstakes entry in July of 1998.

[2]          An employee of Correctional Service of Canada, had refused to mail a sweepstakes card prepared by this applicant and which was addressed to be forwarded to Reader"s Digest Canada with the intent of participating in a national sweepstakes contest offering as a prize the sum of $1,395,000.00.

[3]          The letter was to be sent on July 27, 1998; the deadline to enter the contest was August 10, 1998.

[4]          His letter was returned on July 28 with an indication that he had no right to enter sweepstakes contests.

[5]          Grievances were filed and the applicant was successful at various levels, but he received no definitive answer until September 10, 1998, in which it was confirmed that Mission Institution should have allowed the mail to be forwarded. Unfortunately the sweepstakes deadline had passed.

[6]          In his prayer for relief he seeks various remedies including, mandamus, restraining the commissioner of corrections from preventing the applicant from sending sweepstakes mail; sanctions of the correctional service staff; costs and further damages. In closing he suggests that his Charter rights had been violated.

[7]          The main issue as set out in the applicant"s Motion Record is now moot. The grievance procedure agreed with the contention that the applicant had a right to mail the contest entry form and should not be prohibited from doing so in the future.

[8]          The other relief sought in this judicial review cannot be entertained as there is no violation of the principle as set out in s. 18.1(4) of the Federal Court Act and the Court has no jurisdiction to grant the remedies requested.

[9]          The application is dismissed; no order as to costs.

                             (Sgd.) "Paul Rouleau"

                                 Judge

Vancouver, British Columbia

15 July 1999

     FEDERAL COURT TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:              T-386-99

STYLE OF CAUSE:          Allan Arthur Crawshaw

                     v.

                     The Attorney General of Canada

PLACE OF HEARING:          Vancouver, British Columbia

REASONS FOR ORDER OF ROULEAU J.

dated July 15, 1999

APPEARANCES:

     Allan Arthur Crawshaw          on his own behalf

     Donnaree Nygard              for the Respondent

SOLICITORS OF RECORD:

[10]