Thompson v. Canada (Correctional Service)

Thompson v. Canada (Correctional Service)

The applications were dismissed because the CCRA grievance procedure constituted an adequate alternative remedy, there were no compelling circumstances to excuse exhaustion of that remedy, and the applicant should have sought judicial review of the final grievance decision rather than the underlying segregation...

Source-derived case information.

Citation
2018 FC 40
Parties
Applicant: Terry Thompson; Respondent: Correctional Services Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
17 January 2018
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Applications dismissed
Legal Topics
Administrative Segregation, Grievance Procedure, Alternative Remedies, Access to Counsel, Disclosure
Source Language
english
Administrative Law Corrections Law Procedural Fairness Judicial Review Administrative Segregation Grievance Procedure Alternative Remedies Access to Counsel +1 more

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Parties

Terry Thompson

Applicant

Correctional Services Canada

Respondent

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether there was an adequate alternative remedy to judicial review in relation to administrative segregation and release decisions
  2. 2 Whether compelling circumstances existed to justify departing from the rule requiring exhaustion of the grievance procedure
  3. 3 Whether Donnacona made reviewable errors in denying access to counsel and disclosure related to segregation placement

Ratio Decidendi

The applications were dismissed because the CCRA grievance procedure constituted an adequate alternative remedy, there were no compelling circumstances to excuse exhaustion of that remedy, and the applicant should have sought judicial review of the final grievance decision rather than the underlying segregation decisions.

Court Disposition

Applications dismissed

Orders

  • These applications for judicial review are dismissed.
  • The Applicant shall pay the Respondent costs in the all-inclusive amount of $500.00.