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In dismissing this application, MacKay J. was of the view that although there was a duty on those responsible for the operation of the institution to provide recreational clothing and footwear, that duty was imprecisely defined by the Regulations. Unless it could be determined to be unfulfilled, which MacKay J. did not find to be established here in light of the provision of common user equipment in the institution, then reasonable discretion on the part of administrators in meeting their duty must be recognized and the court ought not to intervene. Moreover, there was insufficient evidence that the inmate's request for special orthopedic footwear was refused by the institution.
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