| CITATION: |
gagné v. canada (correctional service), 2010 FC 355, [2010] 2 F.C.R. D-4 |
T-721-09 |
Penitentiaries
Judicial review of decision of Acting Warden of La Macaza Institution refusing applicant escorted temporary absence for family dinner―Applicant incarcerated after conviction for sexual offences involving minors, committed via Internet—Refusal based on Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 17(1)(a)—Warden being of view applicant posed undue threat to society—Yet, committing offence via Internet requiring time, planning—Preventive measures that could have been taken for brief escorted absence would have prevented applicant from planning such offence—Warden’s reasoning therefore “deeply flawed”—Despite deference owed to discretionary decision, decision unreasonable—Application allowed.
Gagné v. Canada (Correctional Service) (T-721-09, 2010 FC 355, Tremblay-Lamer J., judgment dated April 1, 2010, 6 pp.)