Date: 19980702
Docket: T-1795-96
OTTAWA, ONTARIO, THURSDAY, this 2nd day of July, 1998
PRESENT: THE HONOURABLE MADAME JUSTICE McGILLIS
BETWEEN:
KEVIN SMITH
Applicant
- and -
HER MAJESTY THE QUEEN
Respondent
JUDGMENT
The application for judicial review is dismissed. There is no order as to costs.
| _________________________ |
| Judge |
Date: 19980702
Docket: T-1795-96
BETWEEN:
KEVIN SMITH
Applicant
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
McGILLIS, J.
[1] The applicant has challenged by way of judicial review a decision of the Chief of Food Services at the Donnacona Penitentiary in Quebec to suspend him from working in the kitchen. The applicant requested that the application be determined on the basis of the record and without an oral hearing.
[2] As a preliminary matter, counsel for the Attorney General of Canada submitted that the decision in question was not subject to judicial review on the basis that it did not affect the applicant's rights, interests, property, privileges or liberty. She further submitted that the Court ought to dismiss the application on the basis that it was moot, in that the applicant returned to work at the end of his suspension, at the same level of pay as in the kitchen, by enrolling as a full-time student.
[3] It is unnecessary for me to decide the preliminary issues raised by counsel for the Attorney General of Canada. Even if I were to assume that the decision is properly subject to judicial review, I have not been persuaded, on the basis of the evidence in the record, that the Chief of Food Services breached the duty of fairness in making his discretionary administrative decision. I have also not been persuaded that the Chief of Food Services exercised his discretion arbitrarily, unreasonably or for improper motives. In the circumstances, my intervention in this matter is not warranted.
[4] The application for judicial review is dismissed. There is no order as to costs.
| OTTAWA _________________________ |
| July 2, 1998 Judge |