PENITENTIARIES
Judicial review of denial of inmate’s third‑level (national) grievance of conviction of minor disciplinary offence—Written charge stating applicant “looked at [charging officer] and laughed on his way to his cell for count in a way that undermined this writer’s authority”—Conviction based only on written charge—Written charge not providing sufficient facts to support conviction—Interpretation of Commissioner’s Directive 580, “Discipline of Inmates”, s. 26(c)—Under s. 26(c) inmate may submit list of witnesses “wishes” to have present at hearing—Cannot reasonably be expected to include adverse witnesses—If inmate not listing witnesses necessary to prove charge, must be made available by other means—Applicant not required to list charging officer—Application allowed.
MacDonald v. Canada (Attorney General) (T‑1524‑06, 2007 FC 798, Simpson J., judgment dated 31/7/07, 11 pp.) Judicial review seeking mandamus requiring Office of the Superintendent of Financial Institutions to only approve report providing for immediate distribution of surplus attributable to terminated portion of defined‑benefit pension plan—Marine