Davison v. Canada ( Commissioner of Corrections )
T-1430-96 / T-1431-96
Campbell J.
8/10/97
5 pp.
First judicial review application objecting to physical surroundings provided for visit by applicant solicitor with inmate-Federal Court Act, s. 18.1(1) permitting Attorney General of Canada or "anyone directly affected by matter in respect of which relief sought" to apply for judicial review-Matter in respect of which relief sought wrongful infringement of visiting right, privilege-Under Corrections and Conditional Release Regulations, s. 90 clearly personal right of particular inmate to visitation, not of visitor-For someone else to apply for judicial review, necessary as condition precedent to that person gaining standing that inmate, in respect of whom decision regarding visitation taken, make clear objection to action taken-Applicant not having standing as inmate not making clear objection to action taken-Avowed purpose of application to obtain ruling to guide prison authorities, applicant as to respective rights, duties, obligations-Inappropriate use of judicial review, unless brought in context of particular inmate's rights being infringed-As no evidence of live controversy about visitation conditions, issue moot-Second application objecting to question by assistant warden whether inmates applicant desiring to meet clients-Again, as condition precedent to standing, inmate must object to decision made-None of inmates applicant intended to visit objecting-Further, request for information question, not decision-If assistant warden stating applicant would be admitted to institution following day if inmates providing written statement applicant their counsel, merely statement of intention, not decision-Both applications dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as am. by S.C. 1990, c. 8, s. 5)-Corrections and Conditional Release Regulations, SOR/92-620, s. 90.