Applicant
Respondent
- Parties: The applicant was Mitchel Timothy Nome. The respondent was the Attorney General of Canada.
- Subject Matter: The applicant was detained at Edmonton Institution, a maximum security facility of Correctional Services of Canada. In February 2023, a warden approved the reclassification of the applicant’s security classification from maximum security to medium security. In May 2023, before a transfer to a medium security facility could proceed, the warden reassessed the applicant’s security classification and found that it should change from medium security to maximum security. The applicant grieved this security reclassification in two separate grievances. The Special Advisor to the Commissioner upheld the warden’s decision to reclassify the applicant’s security classification to maximum security. The applicant challenged this decision on judicial review.
- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application. The court deemed the Special Advisor to the Commissioner’s decision transparent, intelligible, justified, and responsive to the applicant’s grievances in light of the procedural history. The court held that the applicant failed to raise a sufficiently serious basis to intervene with the decision. The court held that the applicant’s arguments amounted to a request to reweigh assessments about incidents that occurred in March, April, and early May 2023, which was not the court’s role on judicial review.
- Date: The hearing was set on July 4, 2024. The court released its decision on Jan. 7, 2025.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded no costs.
Court
Federal CourtCase Number
T-2601-23Practice Area
Criminal lawAmount
$ 0Winner
RespondentTrial Start Date
24 November 2023Download documents