Crawshaw v. Canada ( Pacific Regional Deputy Commissioner of Corrections )
T-1947-95
Gibson J.
26/11/96
6 pp.
Application for judicial review of decision rejecting applicant's grievance at second level-Warden of Mission Institution denying applicant, during period of incarceration, access to issues of periodical publication to which subscriber-No written explanation for such action provided to applicant by officials of Institution-Applicant arguing officials' decision to deny him access violated fundamental freedoms under Canadian Charter of Rights and Freedoms, s. 2(b)-Respondent replying Charter rights subject to "such reasonable limits prescribed by law as can be demonstrably justified in free and democratic society" pursuant to Charter, s. 1-Commissioner's Directive not having "force of law"-Limitation prescribed in Commissioner's Directive not "prescribed by law"-Corrections and Conditional Release Act, ss. 97, 98 not modifying status of Commissioner's Directives for purpose of Charter, s. 1-No reasonable limit prescribed by law that could be demonstrably justified in free and democratic society cited to applicant to justify actions of Correctional Service of Canada-In failing to do so, respondent erred in law-Application allowed-Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 97, 98-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 1, 2(b).