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dismissing the application, Campbell J. asserted that under s18(1) of
the Federal Court Act, an application for judicial review can be made
by the Attorney General of Canada, or "anyone directly affected by the
matter in respect of which relief is sought." Campbell J. found that in
the context here, the matter in respect of which relief is sought has
to be the wrongful infringement of a visiting right or privilege. By virtue
of s90 of the CCR Regulations, the right of concern is clearly a personal
right of a particular inmate to visitation and not that of a visitor,
whatever his or her credentials. Thus, at the very least, before a judicial
review can be brought for the infringement of such a right, the inmate
concerned must clearly state an objection to the administrative action
taken. Since this did not in this case, Cullen J. held that D had no standing.
Cullen J. went on to state that asking inmates whether a particular person
is their legal representative is a procedure that is useful and considerate
of the inmates. In the context of a prison, this is an important question,
because by Section 90 of the Regulations, an inmate has special privileges
with respect to the circumstances of visits with counsel.
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