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Z was involuntarily transferred from a minimum-security institution to
a medium security institution on the basis of his alleged involvement
in the assault of another inmate. Claiming that he was never involved
in such an assault and concerned that such a transfer would reflect negatively
on his parole application, Z filed a statement of claim whereby he sought
declaratory relief against the decision to transfer him to a medium security
facility, to declare him to be a minimum security inmate, as well as damages
in the amount of $5000. The defendant government sought to strike out
the statement of claim on the basis that it disclosed no reasonable cause
of action. In striking out the statement of claim, Cullen J. pointed out
that it was clear from the statement of claim that the relief sought was
of the type contemplated by s18 of the Federal Court Act, and not simply
damages against the Crown. Thus, the proper course of action for the plaintiff
would be to bring an application for judicial review pursuant to ss18
and 18.1, and then, if successful, bring an action for damages.
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