An inmate appealed a denial of family visits on the basis that he had refused to participate in a sex offender program. The Court concluded that the Commissioner’s interpretation of the Corrections and Conditional Release Act, R.S.C. 1992, c.20 (the “Act”) did not appear reasonable. The Act provided that Mr. Edwards had a right to family visits subject only to reasonable limits. The court concluded the Commissioner erred when she decided that it was a “reasonable limit” to require that Mr. Edwards successfully complete the sex offender assessment and consequently the inmate’s application was granted. The matter was sent back to the Commissioner for reconsideration.

24. February 2004 0
Administrative law – Prisons – Visiting rights – Decisions of administrative tribunals – Prison Commissioner – Judicial review – Compliance with legislation – Standard of review – Correctness Edwards v. Canada (Attorney General), [2003] F.C.J. No. 1887, Federal Court, December 10, 2003, Von Finckenstein Mr. Edwards was a federal inmate at Joyceville Institution. He was serving a ...

The Applicant attended at the Joyceville Penitentiary to visit her husband. A drug sniffing dog identified her as having drugs on her person and the guards would not allow the visit. Subsequently, a “risk assessment” was completed without notice to the Applicant and her visiting privileges were suspended. Her application for review was dismissed on the grounds that the issue was moot.

22. October 2002 0
Administrative law – Prisons – Visiting rights – Judicial review applications – Compliance with legislation – Mootness – Breach of procedural fairness McGahey v. Joyceville Penitentiary, [2002] F.C.J. No. 1281, Federal Court of Canada – Trial Division, September 19, 2002, Gibson J. On September 30, 2000, the Applicant and her daughter went to the Joyceville Institution ...