Lussier v. Collin

(1984), 22 C.C.C. (3d) 124, 20 C.R.R. 29, [1985] 1 F.C. 124 (F.C.A.)

    In the Federal Court Trial Division decision of Collin v. Lussier (1983), 6.C.R.R. 89, [1983] 1 F.C. 218, C was granted an application for certiorari in regards to a decision made by L while C was serving a sentence of imprisonment in a federal institution. That judgment quashed the decision ordering C to be transferred from Leclerc Institution to Laval Institution and ordered L to pay C the sum of $18,136.00 in damages. The judge based his order to pay damages on an alleged infringement of s7 of the Canadian Charter of Rights and Freedoms, and infringement alleged to have resulted from the fact that, in view of C's state of health, his transfer to another penitentiary jeopardized the security of his person. L appealed the decision.
    In deciding this appeal, Pratte J.A. held that even if an inmate was entitled to claim damages, he could not do so by means of an application as opposed to an action. Presuming that s24 of the Charter gives a right to claim damages, it certainly does not permit the rules of procedure prescribing how such claims must be made to be ignored. For these reasons Pratte J.A. quashed that part of the judgment which ordered L to pay C damages and would amend the judgment accordingly. With respect to the remainder of the judgment, Pratte J.A. dismissed the appeal on the ground that the problem it raises was at the time of the hearing devoid of any practical interest as C had since been released.
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