Kim v. Canada (Attorney General)

Kim v. Canada (Attorney General)

The Court granted an extension of time to file, held the transfer to medium security rendered the reclassification relief moot and declined to decide that aspect, and dismissed the application on the live issue: the Assistant Commissioner reasonably dismissed the grievance about contested file information for...

Source-derived case information.

Citation
2012 FC 870
Parties
Applicant: Frank Kim; Respondent: The Attorney General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
10 July 2012
Procedural Posture
Judicial Review Under S.18.1 Federal Courts Act / Judgment (reasons for Judgment)
Outcome
Application dismissed in part and, as to reclassification, moot; applicant to bear own costs
Legal Topics
Security Classification, Grievance Procedure, Accuracy of Offender Records, Mootness, Timeliness, Damages Not Available on Judicial Review
Source Language
english
Corrections Administrative Law Judicial Review Prison Law Security Classification Grievance Procedure Accuracy of Offender Records Mootness +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Frank Kim

Applicant

The Attorney General of Canada

Respondent

Procedural Posture

Judicial Review Under S.18.1 Federal Courts Act / Judgment (reasons for Judgment)

Legal Issues

  1. 1 Was the application filed in time or should an extension be granted?
  2. 2 Is the application moot following transfer to medium security?
  3. 3 Did the Assistant Commissioner unreasonably dismiss the grievance about contested information in the offender file?

Ratio Decidendi

The Court granted an extension of time to file, held the transfer to medium security rendered the reclassification relief moot and declined to decide that aspect, and dismissed the application on the live issue: the Assistant Commissioner reasonably dismissed the grievance about contested file information for failure to pursue the appropriate first-level remedy with the IPO; moreover, it is reasonable for CSC to rely on incident reports containing factual material even where disciplinary charges were dismissed provided the facts are reliable and inmates may grieve inaccurate records; damages cannot be awarded on judicial review.

Court Disposition

Application dismissed in part and, as to reclassification, moot; applicant to bear own costs

Orders

  • Application for judicial review dismissed
  • Extension of time to file the application granted