| Citation: |
Mercier v. Canada (Correctional Service), 2009 FC 1071, [2009] 4 F.C.R. D-12 |
T-533-08 |
Penitentiaries
Judicial review challenging legality of Directive No. 259 – Exposure to Second-Hand Smoke (Directive 259) issued by Commissioner of Correctional Service of Canada (CSC) under purported authority of Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 97, 98—Directive completely prohibiting smoking, possession of smoking items within perimeter of penitentiaries, including Community Correctional Centres, with exception of tobacco, ignition sources necessary for Aboriginal religious, spiritual practices—Being unable to avail themselves of exception, applicants asking Court to declare Directive 259 void, unconstitutional or unreasonable, in whole or in part—Given latter involving formal delegated power potentially significantly affecting conditions of detention, lives of offenders serving sentences in a penitentiary, legality of any rule covered by Act, ss. 97, 98 subject to respect for fundamental principles referred to in Act, ss. 3, 4—According to evidence, smoking outdoors posing no risk to health of others—No rational link between prohibiting smoking outside of CSC facilities, right of non-smokers to not be exposed to second-hand smoke—Total ban at odds with Act, also unjustifiable, unreasonable under circumstances—Prohibition on inmates smoking outdoors being null, void, contrary to Act—Application allowed.
Mercier v. Canada (Correctional Service) (T-533-08, T-1017-08, 2009 FC 1071, Martineau J., judgment dated October 23, 2009, 11 pp.)