Collin v. Leclerc Institution

Collin v. Leclerc Institution

The court dismissed the judicial review: the third-level decision was reasonable and supported by the record, there was no evidence of reprisal or disqualifying conflict of interest, procedural fairness was preserved (the term 'intimidation' described negative behaviour under Directive No. 730), and no Charter breach or entitlement to damages was established, particularly as applicant refused offered alternative placements.

Citation
2009 FC 1293
Parties
Applicant: Benoit Collin; Respondent: Leclerc Institution
Court
Federal Court
Jurisdiction
Canada
Judgment Date
18 December 2009
Procedural Posture
Judicial Review / Application for Judicial Review of Third Level Grievance Decision — Dismissed at Federal Court
Outcome
Application dismissed with costs
Legal Topics
Grievance Procedure, Reprisal, Conflict of Interest, Procedural Fairness, Standard of Review, Findings of Fact, Damages, Prison Employment
Source Language
English
Administrative Law Corrections Law Constitutional Law Administrative Tribunals Grievance Procedure Reprisal Conflict of Interest Procedural Fairness +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Benoit Collin

Applicant

Leclerc Institution

Respondent

Procedural Posture

Judicial Review / Application for Judicial Review of Third Level Grievance Decision — Dismissed at Federal Court

Legal Issues

  1. 1 Whether suspension was a reprisal for filing a grievance about secular use of the chapel (s.91)
  2. 2 Whether a decision-maker was biased or in a conflict of interest
  3. 3 Whether the third-level hearing was procedurally unfair due to surprise accusation of intimidation

Ratio Decidendi

The court dismissed the judicial review: the third-level decision was reasonable and supported by the record, there was no evidence of reprisal or disqualifying conflict of interest, procedural fairness was preserved (the term 'intimidation' described negative behaviour under Directive No. 730), and no Charter breach or entitlement to damages was established, particularly as applicant refused offered alternative placements.

Court Disposition

Application dismissed with costs

Orders

  • Application for judicial review dismissed with costs