Tyrrell v. Canada (Attorney General)

Tyrrell v. Canada (Attorney General)

The Assistant Commissioner was entitled to rely on the January 16, 2006 version of CD 090 which removed any grandfather exception for TV tuner cards; given the removal and the institutional security justification the seizure and denial did not breach ss.7, 8 or 12 of the Charter and the grievance decision was...

Source-derived case information.

Citation
2008 FC 42
Parties
Applicant: Duff Tyrrell; Respondent: Attorney General of Canada; Respondent: Commissioner of Correctional Service of Canada; Respondent: Mission Institution
Court
Federal Court
Jurisdiction
Canada
Judgment Date
11 January 2008
Procedural Posture
Judicial Review / Decision (reasons for Order and Order)
Outcome
Application for judicial review dismissed; costs awarded to respondents
Legal Topics
Charter S.7, Charter S.8, Charter S.12, Statutory Interpretation, Commissioner's Directive CD 090, Grievance Procedure, Seizure of Property
Source Language
english
Constitutional Law Administrative Law Corrections and Penitentiary Law Property Law Charter S.7 Charter S.8 Charter S.12 Statutory Interpretation +3 more

Source-derived case record

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Parties

Duff Tyrrell

Applicant

Attorney General of Canada

Respondent

Commissioner of Correctional Service of Canada

Respondent

Mission Institution

Respondent

Procedural Posture

Judicial Review / Decision (reasons for Order and Order)

Legal Issues

  1. 1 Whether confiscation of inmate's computer with TV tuner card violated Charter rights (ss.7,8,12)
  2. 2 Whether Correctional Service of Canada committed a reviewable error in denying third level grievance by failing to apply Poulin or by misinterpreting CD 090
  3. 3 Whether court should order reimbursement of $2,200 for the computer

Ratio Decidendi

The Assistant Commissioner was entitled to rely on the January 16, 2006 version of CD 090 which removed any grandfather exception for TV tuner cards; given the removal and the institutional security justification the seizure and denial did not breach ss.7, 8 or 12 of the Charter and the grievance decision was correctly dismissed; the judicial review application is dismissed.

Court Disposition

Application for judicial review dismissed; costs awarded to respondents

Orders

  • The application for judicial review is dismissed.
  • Costs fixed at $300 are awarded to the Respondents.