Digests

Decision Information

Decision Content

Hunter v. Canada ( Commissioner of Corrections )

T-2439-95

Denault J.

1/12/95

4 pp.

Application for interlocutory injunction restraining respondents from implementing new telephone system in Canadian federal penitentiaries-Voice-over feature of new telephone system, even in context of correctional institutions, may be infringement of applicants' Charter rights, in violation of Corrections and Conditional Release Act, ss. 94, 95-Serious issue to be tried established-Should violation of applicants' Charter rights be found, irreparable harm will occur for which financial compensation not adequate remedy-Impact of interlocutory injunction on respondents, public minimal as opposed to impact on applicants, should injunction be refused-Balance of convenience favouring applicants-Application allowed-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]-Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 94, 95.

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