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Human rights 2024 CHRT 20

Arcand v. Correctional Service Canada

Because the Complainant failed to communicate with the Tribunal for over 17 months, failed to file the required Statement of Particulars, and did not update contact information despite repeated notices and reminders, the Tribunal properly concluded the complaint was abandoned and dismissed it.

  • Abandonment
  • Dismissal for lack of prosecution
  • Access to medical treatment
  • Tribunal procedure
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Civil procedure 2023 ONCA 579

Fabrikant v. Kelly

The Court of Appeal affirmed dismissal under r.2.1.01: the claim was frivolous and vexatious, filed in the wrong jurisdiction, disclosed no cause of action and could not be cured by amendment; the motion judge properly refused affidavit evidence in the summary r.2.1.01 process and her discretionary decision was not clearly wrong or a misdirection.

  • Rule 2.1.01
  • Frivolous and vexatious proceedings
  • Summary dismissal
  • Admissibility of affidavit
  • Cause of action
  • Forum jurisdiction
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Corrections law 2021 FC 31

Henry v. Canada (Attorney General)

The Federal Court allowed Mr. Henry’s judicial review, finding the grievance decision unreasonable because it failed to address whether the IAR was authored under CD 705-6.

  • Record correction
  • Disclosure of evidence
  • Reasonableness review
  • Commissioner's directives
  • Intake assessment report (iar)
  • Judicial-review
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Administrative law 2020 FC 936

Creelman v. Canada (Attorney General)

The Federal Court found the inmate grievance decision reasonable and dismissed judicial review, holding the harassment findings and record-based analysis were justified.

  • Grievance process
  • Definition of harassment
  • Procedural fairness
  • Standard of review (reasonableness)
  • Admissibility of evidence
  • Judicial-review
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Extradition 2020 BCCA 114

United States of America v. Beaumann

The court dismissed Canada’s request to declare the applicant a vexatious litigant, holding that her successive judicial review applications challenged distinct ministerial decisions.

  • Vexatious litigant
  • Judicial review
  • Ministerial decision under extradition act s.43(2)
  • Surrender/committal
  • Assurances from requesting state
  • Transgender detainee safety and medical treatment
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Administrative law 2015 FC 965

James v. Canada (Attorney General)

The Federal Court dismissed Jean James’s judicial review of CSC grievance decisions denying Private Family Visits, finding the delay fair and the merits reasonable.

  • Judicial review
  • Procedural fairness
  • Private family visit program
  • Risk assessment
  • File correction
  • Delay in administrative decision-making
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Corrections law 2005 FC 693

Pengelly v. Canada (Attorney General)

Judicial review of a CSC directive banning inmate-owned personal computers. The Court held the Commissioner’s security assessment was reasonable and dismissed the application.

  • Security matters
  • Section 74 ccra—inmate consultation
  • Policy on inmate-owned computers
  • Threat and risk assessment
  • Grandfathering of property
  • Seizure of inmate property
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Administrative law 2003 FCT 621

Crawshaw v. Canada (Attorney General)

Judicial review of a delayed inmate grievance response was dismissed. The Court held there were no reviewable errors and refused to rely on extrinsic evidence for mandamus.

  • Judicial review
  • Mandamus
  • Grievance procedure
  • Timeliness
  • Corrections and conditional release act s.90
  • Judicial-review
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Administrative law 2002 FCT 966

McGahey v. Warden Joyceville Penitentiary

Federal Court judicial review over a 30-day prison visitation suspension was dismissed as moot, though the Court found standing and procedural unfairness.

  • Visitation rights
  • Procedural fairness (natural justice)
  • Standing
  • Mootness
  • Risk assessment
  • Judicial-review
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Administrative law 2001 FCT 565

Lavoie v. Canada

The Federal Court dismissed Michel Lavoie’s injunction application as moot after prison authorities granted telephone access, and found the injunction test unmet.

  • Access to telephone
  • Mootness
  • Grievance procedure
  • Interlocutory injunction test
  • Injunctions
  • Prisoner-rights
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.