Caron v. Canada

(1999), 172 F.T.R. 181, [1999] F.C.J. No.1145 (F.C.T.D.)
[affirmed [2001] F.C.J. No.879, 2001 FCA 173 (F.C.A.)]

    C appealed to the Federal Court of Appeal asking for a reversal of a Trial Division decision dismissing the action for damages which he brought against the CSC for unlawful detention. C was placed into administrative segregation for his refusal to participate in the compulsory reintegration programs developed by the CSC and introduced at the penitentiary where C was imprisoned. The issue was whether segregation on that basis constituted unlawful detention?
    In dismissing the appeal, Létourneau J.A. held that the maintenance of good order and discipline in the institution, which under the Regulations was a ground for the segregation of an inmate, necessarily includes the proper administration and implementation of the Strategic Correctional Plan. Létourneau J.A. was of the opinion that the inmate held the key to ending his administrative segregation and preferred not to use it, and if the detention in segregation was due to anyone's fault, it was that of the inmate and not the CSC employees.
TOP