Germa v. Muise, (2014) 423 N.B.R.(2d) 315 (TD)

• Judge: Ferguson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: July 29, 2014
• Jurisdiction: New Brunswick
• Citations: (2014), 423 N.B.R.(2d) 315 (TD);2014 NBQB 208

Germa v. Muise (2014), 423 N.B.R.(2d) 315 (TD);

      423 R.N.-B.(2e) 315; 1103 A.P.R. 315

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Temp. Cite: [2014] N.B.R.(2d) TBEd. SE.021

Renvoi temp.: [2014] N.B.R.(2d) TBEd. SE.021

Justin Germa v. Ed Muise, Warden - Atlantic Institution

(NM-72-2014; 2014 NBQB 208; 2014 NBBR 208)

Indexed As: Germa v. Muise

Répertorié: Germa v. Muise

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Miramichi

Ferguson, J.

September 3, 2014.

Summary:

Résumé:

Germa, an inmate at the maximum security Atlantic Institution, applied for habeas corpus with certiorari in aid.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the application.

Habeas Corpus - Topic 12

General - Remedies available in habeas corpus proceedings - Germa was serving a 12 year sentence for a series of violent assaults and other property crimes - He arrived at Atlantic Institution on an involuntary transfer from Springhill Institution - The reason for the transfer was that he was suspected of supplying certain inmates with pieces of metal from the institution's metal fabrication shop in order to fashion them into weapons - Upon arrival at Atlantic he was housed in the "reception" wing of the institution where inmate classification took place - Atlantic housed 247 inmates of which the majority were housed in "open population." - Twenty four inmates were housed in "general population" and approximately 60 were kept in the "segregation" unit once they had cleared "reception." - There were 20 beds in "reception." - From the time of his arrival Germa made it clear that he wanted to be housed in the "general population" and not in the "open population" because he feared for his safety - However, there were no vacancies in the "general population" - After a lengthy stay in "reception", he was moved to "segregation" - Germa applied for habeas corpus with certiorari in aid - Three weeks after he filed the application, a bed opened up in "general population" - He was immediately offered that bed - Germa refused because he now believed that the "open population" inmates and the "general population" inmates shared a visiting area, something he could not accept - He asked the court to order a transfer to another institution in conjunction with a finding that the time he spent in "segregation" before being offered a "general population" cell was unlawful - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the application - There was no breach of procedural fairness - Germa was specifically notified in writing of the Warden's decision to place him in "segregation" - Further, by refusing to accept the cell in "general population" once it became available, it was impossible for Germa to continue to submit that he had a legitimate basis upon which to challenge being housed in "segregation" - Finally, the court had no power to order that an inmate be transferred to a particular institution.

Habeas Corpus - Topic 585

Jurisdiction to issue writ - New Brunswick Courts - Court of Queen's Bench - [See Habeas Corpus - Topic 12 ].

Habeas Corpus - Topic 1204

Grounds for issue of writ - Imprisonment - Jurisdiction - [See Habeas Corpus - Topic 12 ].

Habeas corpus - Cote 12

Généralités - Recours ouverts dans les requêtes d'habeas corpus - [Voir Habeas Corpus - Topic 12 ].

Habeas corpus - Cote 585

Délivrance du bref - Compétence - Tribunaux du Nouveau-Brunswick - Cour du Banc de la Reine - [Voir Habeas Corpus - Topic 585 ].

Habeas corpus - Cote 1204

Motifs pour délivrance du bref - Emprisonement - Compétence - [Voir Habeas Corpus - Topic 1204 ].

Cases Noticed:

Khela v. Mission Institution (Warden) et al. (2014), 455 N.R. 279; 351 B.C.A.C. 91; 599 W.A.C. 91; 2014 SCC 24, appld. [para. 1].

Wood v. Atlantic Institution, 2014 NBQB 135, refd to. [para. 30].

Richards v. Springhill Institution (Warden) et al. (2014), 423 N.B.R.(2d) 68; 1103 A.P.R. 68; 2014 NBQB 171, refd to. [para. 35].

Counsel:

Avocats:

Sarah Drodge, for the Attorney General of Canada;

Justin Germa, per se.

This application was heard on July 29, 2014, by Ferguson, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Miramichi, who delivered the following decision on September 3, 2014.