McArthur v. Regina Correctional Centre (Chief Executive Officer) et al., (1990) 83 Sask.R. 128 (QB)

• Judge: Barclay, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: March 30, 1990
• Jurisdiction: Saskatchewan
• Citations: (1990), 83 Sask.R. 128 (QB)

McArthur v. Correctional Centre (1990), 83 Sask.R. 128 (QB)

MLB headnote and full text

Darrell Gordon McArthur (applicant) v. Anthony Lund, Chief Executive Officer of the Regina Correctional Centre et al. (respondents)

(No. 1189 A.D. 1990)

Indexed As: McArthur v. Regina Correctional Centre (Chief Executive Officer) et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Barclay, J.

March 30, 1990.

Summary:

An inmate applied for habeas corpus, challenging his continued segregation from the general population at the Regina Correctional Centre.

The Saskatchewan Court of Queen's Bench dismissed the application.

Civil Rights - Topic 3603

Detention and imprisonment - Detention - Arbitrary - What constitutes - The Saskatchewan Court of Queen's Bench held that separating a prison inmate away from the general population of the institution was not demonstrably unfair or arbitrary detention contrary to s. 9 of the Charter, where his behaviour had become unpredictable and violent against prison officials - See paragraphs 13, 30.

Civil Rights - Topic 3828

Cruel and unusual punishment - What constitutes - Prisoners - Restraints - The Saskatchewan Court of Queen's Bench held that separating a prison inmate away from the general population of the institution did not constitute cruel and unusual punishment contrary to s. 12 of the Charter, where his behaviour had become unpredictable and violent against prison officials - See paragraphs 23 to 29.

Civil Rights - Topic 4654

Right to counsel - Entitlement - In administrative proceedings - Inmate discipline - The Saskatchewan Court of Queen's Bench held that prison inmates do not have an absolute right to counsel - See paragraph 16.

Prisons - Topic 1025

Administration - Powers re prisoners - Placement in special handling units - [See Civil Rights - Topics 3603 and 3828].

Prisons - Topic 1565

Discipline - Inmates - Judicial review - Scope of - The Saskatchewan Court of Queen's Bench applied the principle of judicial deference to the decisions of prison officials - The court stated that courts should not be quick to substitute their own judgments for those of prison management - See paragraph 13.

Cases Noticed:

R. v. Miller, [1985] 2 S.C.R. 613; 63 N.R. 321, refd to. [para. 8].

Cardinal and Oswald v. Kent Institution, Director of, [1985] 2 S.C.R. 643; 63 N.R. 353, refd to. [para. 8].

Morin v. National Special Handling Unit Review Committee et al. [1985], 2 S.C.R. 662; 63 N.R. 363, refd to. [para. 8].

Re Hay and National Parole Board et al. (1986), 21 C.C.C.(3d) 408 (F.C.T.D.), refd to. [para. 11].

Norton v. Director of Corrections (Sask.), Saskatchewan (Attorney General) and Warden of Edmonton Institution (1986), 47 Sask.R. 265 (Q.B.), refd to. [para. 16].

Howard v. Stony Mountain Institution Inmate Disciplinary Ct., [1984] 2 F.C. 642; 57 N.R. 280 (C.A.), refd to. [para. 16].

R. v. Olson (1988), 22 O.A.C. 287; 62 O.R.(2d) 321, refd to. [para. 24].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [paras. 4, 7, 14, 29]; sect. 9 [paras. 4, 7, 29]; sect. 12 [paras. 7, 23, 26, 29].

Corrections Act, R.S.S. 1978, c. C-40, sect. 22(b) [para. 20].

Corrections Act Regulations, Correction Facilities Administration Regulations, R.R.S. 1983, c. C-40, reg. 2, sect. 15(1)(2) [para. 21].

Counsel:

Ron Gates, for the applicant;

Graeme Mitchell, for the respondents.

This application was heard before Barclay, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, whose decision was delivered on March 30, 1990.