Demaria v. Regional Classification Board, (1986) 69 N.R. 135 (FCA)

• Judge: Thurlow, C.J., Hugessen and Mahoney, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: August 06, 1986
• Jurisdiction: Canada (Federal)
• Citations: (1986), 69 N.R. 135 (FCA)

Demaria v. Regional Classification Bd. (1986), 69 N.R. 135 (FCA)

MLB headnote and full text

Vincenzo Demaria (appellant) v. Regional Classification Board and K. Payne (respondent)

(A-185-86)

Indexed As: Demaria v. Regional Classification Board

Federal Court of Appeal

Thurlow, C.J., Hugessen and Mahoney, JJ.

August 13, 1986.

Summary:

A prisoner applied for certiorari to quash his reclassification and transfer to a higher security institution by the Regional Classification Board and for mandamus to compel the Board to remove from his record any mention of the reclassification and transfer. One week after he was originally transferred to the medium security institution, the prisoner was suspected of bringing cyanide into the prison and was given a 48 hour notice of his reclassification and transfer. The prisoner alleged that he was denied procedural fairness. The Federal Court of Canada, Trial Division, in a decision reported at 2 F.T.R. 157, dismissed the application. Demaria appealed.

The Federal Court of Appeal allowed the appeal and quashed the decision of the trial judge.

Administrative Law - Topic 2264

Natural justice - Duty of fairness - When required - The Federal Court of Appeal held that prison authorities have a duty of fairness in considering the reclassification and transfer of a prisoner.

Administrative Law - Topic 2266

Natural justice - Duty of fairness - Procedural fairness - What constitutes - Prison authorities in applying to reclassify and transfer a prisoner gave him written notice of the reasons for the intended reclassification and transfer and gave him an opportunity to respond in writing, but the prisoner was not given an oral hearing - The Federal Court of Appeal held that the prisoner was denied procedural fairness.

Prisons - Topic 1026

Administration - Powers re prisoners - Transfers - Prison authorities in applying to reclassify and transfer a prisoner gave him written notice of the reasons for the intended reclassification and transfer and gave him an opportunity to respond in writing, but the prisoner was not given an oral hearing - The Federal Court of Appeal held that the prisoner was denied procedural fairness.

Prisons - Topic 1027

Administration - Powers re prisoners - Classification - Reclassification - Prison authorities in applying to reclassify and transfer a prisoner gave him written notice of the reasons for the intended reclassification and transfer and gave him an opportunity to respond in writing, but the prisoner was not given an oral hearing - The Federal Court of Appeal held that the prisoner was denied procedural fairness.

Statutes Noticed:

Federal Court Rules, C.R.C., c. 663, rule 337(2)(b) [para. 13].

Counsel:

Dianne L. Martin, for the appellant;

Carolyn Kobernick, for the respondent.

Solicitors of Record:

Martin & Gemmell Associates, Toronto, Ontario, for the appellant;

F. Iacobucci, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This appeal was heard at Ottawa, Ontario, on August 6, 1986, before Thurlow, C.J., Hugessen and Mahoney, JJ., of the Federal Court of Appeal. On August 13, 1986, the following decision of the Court of Appeal was delivered by Hugessen, J.: