| The
applicant B pleaded guilty to three disciplinary offences, two of which
were "minor" offences with one "intermediary" offence, and was sentenced
accordingly. In addition to the sentence imposed, prison officials also
denied B access to several rehabilitation programs, namely: his application
for escorted temporary absence; his admission to a family visiting program;
rejection of seven out of fifteen days' earned remission. Accordingly
B sought from the Federal Court a writ of injunction and a writ of mandamus,
seeking to have the subject decisions vacated and the restoration of his
acquired privileges. The issue before the Court: Was the decision to deny
the inmate access to several rehabilitative programs a violation of the
inmate's section 11(h) Charter rights, given that the inmate had been
already found guilty and punished by a disciplinary court for the underlying
offences. |
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