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The Federal Court dismissed Casey Best’s late motion to extend time and reopen a strike order, finding no sufficient basis to revisit the pleadings.
CSC's mid-hearing disclosure that a confidential informant had recanted material allegations relied upon for reclassification, when that recantation was known to CSC weeks before the hearing but withheld, breached procedural fairness by preventing the Court from properly assessing source reliability; the incomplete and untimely disclosure undermined deference to CSC and rendered the reclassification and transfer unreasonable and unlawful, warranting quashing of the decision and return to medium security.
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The Federal Court granted judicial review, set aside an Independent Chairperson’s disciplinary decision, and dismissed the charge after delay arguments were not meaningfully addressed.
The Tribunal dismissed a motion to reassign, consolidate, or join three discrimination complaints against CSC, finding no sufficient commonality and likely delay and prejudice.
The Federal Court granted judicial review, set aside a CSC Final Grievance Response, and sent the matter back because the decision lacked sufficient transparency and justification.
The Tribunal found CSC failed to accommodate a Deaf MĂ©tis complainant and ordered damages, targeted ASL-access remedies, and systemic reforms.
The Tribunal allowed CSC’s request to seal exhibit R-523, placing a redacted version on the record and keeping the unredacted exhibit confidential after the complaints were dismissed.
The Tribunal partly granted a motion to strike and for particulars, removed some SOP paragraphs, allowed a conditional harassment amendment, and ordered further particulars.
The Court concluded the trial judge correctly applied the law, made fact findings amply supported by the record, permissibly admitted and relied on the Crown's expert and institutional evidence, reasonably found a pattern of repetitive and persistent violent behaviour and intractability (unable to surmount), and reasonably imposed an indeterminate sentence because there was no evidence of meaningful treatment within an ascertainable timeframe to protect the public; the appeal was dismissed.
Source excerpt
La Cour fédérale accueille une requête en radiation et radie la demande de contrôle judiciaire de Richard Gravel comme prématurée, avec dépens.
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