Maurice v. Canada (Attorney General), docket T-1487-99

Date: 20000929

Docket: T-1487-99

BETWEEN:

     JACK MAURICE

     Applicant

     - and -

     ATTORNEY GENERAL OF CANADA

     Respondent

     REASONS FOR ORDER

TREMBLAY-LAMER J.:

[1]      This is an application for judicial review against a decision of the third and final level of the grievance process rendered by the Assistant Commissioner, Corporate Development, on behalf of the Commissioner of the Correctional Service of Canada ("CSC") rendered on July 14, 1999, respecting the denial of a special vegetarian diet for inmate Jack Maurice ("Applicant").¹

[2]      The Applicant is presently serving a 13-year penitentiary term at the Special Handling Unit in the City of Ste-Anne des Plaines, in the County of Terrebonne, in the Province of Québec, which will be completed by November of 2002.

[3]      The Applicant had been given a vegetarian diet in the past due to his beliefs in the teachings of Hare Krishna. On August 7, 1998 the Applicant renounced his religious faith but continues to demand a special vegetarian diet based on his "freedom of conscience".

[4]      The Applicant filed three grievances with the CSC respecting his demand for a special vegetarian diet. The three grievances were denied because vegetarian diets are only authorized for religious beliefs or for medical reasons.²

[5]      The Applicant filed a further grievance requesting a special vegetarian diet. CSC denied this grievance on the basis that the issue had been addressed in the three previous grievances. This latest decision gives rise to the present application for judicial review.

[6]      The CSC was correct in denying the applicant's grievance on the ground that it was non grievable for having previously been addressed. This Court does not have jurisdiction to determine if earlier responses in other grievances were made without jurisdiction because these decisions are not the object of the present application.

[7]      Thus, the Applicant failed to demonstrate any ground upon which this Court could grant his application for judicial review.

[8]      For the foregoing reasons, the application for judicial review is dismissed.

     "Danièle Tremblay-Lamer"

                                     JUDGE

OTTAWA, ONTARIO

September 29, 2000.

__________________

¹      Applicant's Record, Grievance No. V3000A000883 at 210.

²      Applicant's Record, Grievance No. I50401000538 (third level) at 156; Grievance No. V3000A000357 (third level) at 164; Grievance No. V3000A000596 (second level) at 208.