| Cullen
J. dismissed the action. The officer in charge of a penitentiary is authorized,
where in his or her opinion it is necessary or desirable that an inmate
be absent with escort for humanitarian reasons, to allow an absence from
the institution for a period not exceeding five days. The granting of
an ETA for humanitarian reasons is within the discretion of the officer
in charge and as such, is reviewable on the basis of insuring that the
officer in charge exercises his discretion fairly and in an even handed
manner, taking into account all relevant factors. In this case, however,
C did not apply for judicial review but rather filed an action for a declaration
that s28 was being applied contrary to section 15 of the Charter. In this
regard, despite the recounting of affidavit evidence submitted by prison
reform activists, Cullen J. ruled that no case had been made to establish
race as a basis for the refusal to grant an ETA. Systemic discrimination
of the plaintiff was not at all evident, given the improvements made and
anticipated. Even the legislation had been amended to give better direction
to officials about Parliament's intention. |
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