Grabowski v. Rousseau, (1986) 5 F.T.R. 236 (TD)

• Judge: Dubé, J.
• Court: Federal Court (Canada)
• Case Date: December 13, 1985
• Jurisdiction: Canada (Federal)
• Citations: (1986), 5 F.T.R. 236 (TD)

Grabowski v. Rousseau (1986), 5 F.T.R. 236 (TD)

MLB headnote and full text

Grabowski v. Rousseau

(T-587-85)

Indexed As: Grabowski v. Rousseau

Federal Court of Canada

Trial Division

Dubé, J.

January 23, 1986.

Summary:

Grabowski, an inmate, was transferred from one institution to another. His wife sent him a package containing some of his personal effects. The authorities at the institution advised Grabowski that unauthorized items had been received. Grabowski was charged with contraband and was acquitted. However, the judge had no power to order that the property be returned to him and it was stored at the institution. The items were never returned to Grabowski because inmates, while being admitted to the institution with whatever property they had with them, were not allowed to receive gifts. Grabowski applied for a writ of mandamus ordering the institution's director to return the items.

The Federal Court of Canada, Trial Division, allowed the application. The court held that the items were not gifts and should be returned to Grabowski.

Prisons - Topic 1106

Administration - Prisoner's rights - Property - Personal effects - An inmate's wife sent him a package containing some of his personal effects - The inmate was advised that he could not get them because he was not allowed to receive gifts - The Federal Court of Canada, Trial Division, held that the items should be returned to the inmate - The clothes, razor etc. were the inmate's personal property; they were not gifts - See paragraph 19.

Statutes Noticed:

Canadian Bill of Rights, R.S.C. 1970, App. III, sect. 1(a) [para. 1].

Canadian Penitentiary Service Regulations, sect. 18 [para. 9].

Penitentiary Act, R.S.C. 1970, c. P-6, sect. 29 [para. 8].

Counsel:

Lucie Lacombe, for the applicant;

David Lucas, for the respondent.

Solicitors of Record:

Daignault & Lemonde, Montreal, Quebec, for the applicant;

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

This case was heard on December 13, 1985, at Montreal, Quebec, before Dubé, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on January 23, 1986, at Ottawa, Ontario.