Judicial review is one of the the mechanisms that prisoners can use to challenge decisions of Correctional Service Canada. Judicial review can be technical, and it is important to remember:
- Judicial review allows a judge to review an administrative decision. For prisoners, this could be a decision related to a penitentiary placement, disciplinary finding, refusal to accommodate a religious practice, file correction, temporary absence application, etc.
- Prisoners in federal penitentiaries have to bring a judicial review in the Federal Court. The Federal Court has very specific rules and timelines.
- Generally, all internal appeal mechanisms need to be exhausted before bringing a judicial review. This means prisoners will generally need to go through the grievance procedure and get a third-level grievance decision before they’ll be allowed to proceed with a judicial review. This can take time, at least several months.
- A judicial review typically needs to be filed within 30 days of the decision. Extensions can be granted, but they can be hard to get. Prisoners who are thinking of a judicial review should contact a lawyer as soon as possible.
It can be helpful to seek assistance with drafting grievances to ensure there is a good record for a judicial review. If you’re looking for assistance with drafting a grievance or filing a judicial review, contact us.