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

Federal court | Criminal Law | Prisons and prisoners | Regulation

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.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Lenczner Slaght's Susannah Alleyne talks new inclusion, diversity, equity, and accessibility role

Ontario court deducts COVID-19 income benefits from past income loss award in personal injury case

Ontario Superior Court dismisses impaired driving charges due to uncertainty in THC test results

Ontario Superior Court upholds cell phone search as lawful and rejects bid to exclude evidence

Ontario couple can try pursuing malicious prosecution claim against McCague Borlack LLP, OCA rules

Law Foundation of Ontario awards $1.5M to support access to justice for vulnerable groups

Most Read Articles

Ontario couple can try pursuing malicious prosecution claim against McCague Borlack LLP, OCA rules

Jury award in motorcycle crash lawsuit surpasses defendant's final offer: Ontario Superior Court

Law Foundation of Ontario awards $1.5M to support access to justice for vulnerable groups

Ontario court deducts COVID-19 income benefits from past income loss award in personal injury case