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The applicant challenged the denial of his application for a voluntary transfer from a maximum to a medium security level. The issue: Must an inmate first exhaust the internal statutory remedy provided in the grievance procedures before proceeding to judicial review by way of section 18.1 of the Federal Court Act? Teitelbaum J. claimed that it is well settled that in principle an individual must exhaust alternate or internal remedies before applying to the Court for a prerogative writ to issue. There are, however, exceptions. It was suggested that where there is a flagrant breach of natural justice and where the internal statutory remedy is inadequate, then an application for judicial review should be allowed without prior exhaustion of those alternate remedies.
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