Veysey v. Correctional Service of Canada, (1989) 29 F.T.R. 74 (TD)

• Judge: Dubé, J.
• Court: Federal Court (Canada)
• Case Date: October 31, 1989
• Jurisdiction: Canada (Federal)
• Citations: (1989), 29 F.T.R. 74 (TD)

Veysey v. Correctional Service (1989), 29 F.T.R. 74 (TD)

MLB headnote and full text

Timothy Veysey (applicant) v. The Commissioner Of The Correctional Service of Canada (respondent)

(T-1812-89)

Indexed As: Veysey v. Correctional Service of Canada

Federal Court of Canada

Trial Division

Dubé, J.

November 3, 1989.

Summary:

A prison inmate denied participation in the Private Family Visiting Program with his homosexual partner grieved. The Commissioner of the Correctional Service dismissed his grievance. The inmate applied for certiorari and mandamus, claiming the decision discriminated against him on the basis of sexual orientation contrary to s. 15 of the Charter of Rights and Freedoms.

The Federal Court of Canada, Trial Division, quashed the decision and remitted the matter to the Commissioner to reconsider the grievance on the basis that the inmate was discriminated against on the basis of sexual orientation contrary to s. 15, and that the discrimination was not justified under s. 1 of the Charter.

Civil Rights - Topic 954

Discrimination - Sexual orientation - Inmate visiting Program - The Private Family Visiting program permitted prison inmates to have extended private visits with defined "family members" - An inmate was denied participation in the program with his homosexual partner - The Federal Court of Canada, Trial Division, held that the program discriminated against the inmate on the basis of sexual orientation - The court stated that sexual orientation was an analogous ground to the prohibited grounds of discrimination listed in s. 15 of the Charter of Rights and Freedoms - The court held that the discrimination was not a reasonable limit prescribed by law under s. 1 of the Charter.

Civil Rights - Topic 5660.

Equality rights - Prisoners - Sexual orientation - [See Civil Rights - Topic 954 above].

Civil Rights - Topic 8348

Canadian Charter of Rights and Freedoms - Application - Exceptions - Reasonable limits prescribed by law - [See Civil Rights - Topic 954 above].

Prisons - Topic 1112

Administration - Prisoner's rights - Institutional visiting programs - [See Civil Rights - Topic 954 above].

Cases Noticed:

Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143; 91 N.R. 255, refd to. [para. 10].

R. v. Turpin, Siddiqui and Clauzel (1989), 96 N.R. 115; 34 O.A.C. 115 (S.C.C.), refd to. [para. 11].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 1 [para. 19]; sect. 15 [para. 5].

Charter of Rights and Freedoms, R.S.Q. 1987, c. C-12, sect. 10 [para. 13].

Human Rights Act, S.M. 1987-88, c. 45, sect. 9(2) [para. 14].

Human Rights Act, S.Y. 1987, c. 3, sect. 6 [para. 15].

Penitentiaries Service Regulations, sect. 27 [para. 6].

Penitentiary Act, R.S.C. 1970, c. P-6, sect. 37(3) [para. 6].

Authors and Works Noticed:

Canada, Parliamentary Committee Report on Equality Rights, Equality For All (1985), p. 30 [para. 16].

Counsel:

Elizabeth Thomas, for the applicant;

John Edmond, for the respondent.

Solicitors of Record:

Elizabeth Thomas, Ottawa, Ontario, for the applicant;

Department of Justice, Ottawa, Ontario, for the respondent.

This application was heard on October 31, 1989, at Ottawa, Ontario, before Dubé, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on November 3, 1989.