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The Federal Court found a correctional officer used unjustified force against Kelsey Stewart, causing facial injuries. It awarded $50,000 for battery and $15,000 for Charter vindication.
The Court has no jurisdiction under s.684 of the Criminal Code because the habeas corpus proceedings and related appeal are civil in nature (challenging prison administration and parole-related decisions rather than the validity of the warrant of committal); there is no statutory or rule-based authority for a justice of this Court to appoint state-funded counsel in a civil appeal; G.(J.) is distinguishable and does not authorize appointment here; accordingly the application for appointment of counsel is dismissed.
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La Cour fédérale autorise Albert Duterville, jadis déclaré plaideur quérulent, à présenter une nouvelle demande de contrôle judiciaire, sous réserve d’une prorogation de délai.
The court certified a proposed class action challenging CSC medical isolation conditions during COVID-19, finding systemic negligence and Charter claims could proceed.
The trial judge erred as a matter of law by using habeas corpus to conduct a systemic review of CNSCF operational and staffing decisions and to issue broad declarations; habeas corpus is confined to addressing immediate individual deprivations of liberty, so the declarations based on a systemic inquiry were beyond the scope of the proceeding and must be set aside.
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The Federal Court dismissed Nathaniel Moll’s judicial review, finding CSC’s grievance response on his medical care reasonable and awarding $100 costs.
The Federal Court dismissed Christopher Lill’s claims over two prison transfers, finding no proved fault, Charter breach, or compensable loss.
The Federal Court struck Richard Cannon’s claim against Canada, finding no reasonable cause of action was pleaded and denying leave to amend.
Application dismissed at Stage 1: the applicant failed to demonstrate that the frequency and duration of the July 20–21, 2024 lockdowns were material and sufficiently harsh to exceed reasonable, similar institutional lockdown restrictions in a normal setting; additionally, bail is not an appropriate remedy to be granted via habeas corpus in these circumstances.
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La Cour fédérale accueille en partie le contrôle judiciaire d’un grief de détenu : seul le transfert d’urgence en secteur médium est annulé et renvoyé.
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