Bear v. Canada
(Correctional Service)

(1986), 48 Sask.R. 310, [1986] S.J. No.212 (Sask.Q.B.)

    The applicant B was segregated from the other inmates in order to prevent him from associating with a certain correctional officer. B applied for an order of habeas corpus with certiorari in aid directing the CSC to release him from segregation and allow him to rejoin the general inmate population of his institution. The issue before the Queen's Bench: Did the warden of the institution exceed his jurisdiction under subsection 40(1)(a) of the Penitentiary Service Regulations?
    Walker J. allowed the application and ordered the CSC to release B from the segregation area of the prison to the general population of the prison. Walker J. noted that the warden's decision complained of in this application was made not on the basis that "the inmate [applicant] should be kept from associating with other inmates" but on the basis that he should be kept from "associating" or being in contact with a certain guard. Accordingly, Walker J. held that the warden's actions were beyond the jurisdiction conferred by Regulation 40(1)(a) and were not authorized by law.
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