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The Federal Court correctly applied a deferential reasonableness standard to the Senior Deputy Commissioner's remedy; there was no basis to set it aside and no evidentiary foundation to convert the application into an action for compensation, therefore the appeal is dismissed.
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The Federal Court dismissed Mr. Wilson’s judicial review challenge to a grievance remedy order about an escorted temporary absence request, finding remittal for reconsideration was reasonable.
The court dismissed a habeas corpus petition challenging delays in escorted temporary absence referrals, holding there was no unlawful deprivation of liberty and one petition was moot.
La Cour fédérale a conclu que le refus d’une permission de sortie avec escorte était déraisonnable, puis a annulé la décision sans renvoi en raison du changement de situation du demandeur.
The initial move to the RTC was a transfer under s.29 of the Act, but the decision to discharge the inmate from the RTC and promptly return him to his parent institution following breach of program conditions did not constitute a further 'transfer' requiring the s.12 procedural notice and delay; the requisite level of procedural fairness for the discharge was low and was met by an investigation, opportunity to respond and availability of the grievance process; appeal dismissed.
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Rouleau J.'s finding that the appellant was a vexatious litigant was supported by ample evidence; therefore the appeal is dismissed and the Trial Division's order is amended to dismiss the judicial review proceeding rather than state it be 'dismissed or not continued'.
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The Federal Court struck out André Séguin’s statement of claim and dismissed the action without costs for failure to exhaust remedies and pleading defects.
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