Demaria v. Regional Classification Board, (1986) 2 F.T.R. 157 (TD)

• Court: Federal Court (Canada)
• Case Date: August 14, 1985
• Jurisdiction: Canada (Federal)
• Citations: (1986), 2 F.T.R. 157 (TD)

Demaria v. Regional Classification Bd. (1986), 2 F.T.R. 157 (TD)

MLB headnote and full text

Demaria v. Regional Classification Board

(No. T-1504-85)

Indexed As: Demaria v. Regional Classification Board

Federal Court of Canada

Trial Division

Jerome, A.C.J.

February 28, 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. The prisoner alleged that he was denied procedural fairness.

The Federal Court of Canada, Trial Division, dismissed the application.

Administrative Law - Topic 2264

Natural justice - Duty of fairness - When required - The Federal Court of Canada, Trial Division, 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 Canada, Trial Division, held that the prisoner was not 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 Canada, Trial Division, held that the prisoner was not 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 Canada, Trial Division, held that the prisoner was not denied procedural fairness.

Counsel:

D. Martin, for the applicant;

C. Kobernick, for the respondents.

Solicitors of Record:

Martin & Gemmell, Toronto, Ontario, for the applicant;

F. Iacobucci, Q.C., Deputy Attorney General of Canada, for the respondents.

This case was heard on August 14, 1985, at Toronto, Ontario, before Jerome, A.C.J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on February 28, 1986: