Federal Court

Criminal Law

Prisons and prisoners


Outcome of grievances could not be reasonable absent consideration of disability claim

Computers of certain prisoners at federal institution were seized by Correctional Services Canada (CSC) and searched for contraband. Applicant prisoner brought grievances alleging his computer was improperly seized and retained. Assistant Commissioner of CSC dismissed grievances. Applicant applied for judicial review. Application granted in part. Final level grievance decision overturned. Applicant had disability, “essential tremors”, and used computer to communicate. Disability aspect of applicant’s grievances had not been acknowledged. Outcome could not be considered reasonable absent any consideration of disability claim.

MacDonald v. Canada (Attorney General) (2017), 2017 CarswellNat 6493, 2017 CarswellNat 7010, 2017 FC 1028, 2017 CF 1028, William F. Pentney J. (F.C.).

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