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Application for judicial review allowed; CSC's deduction of 100 percent of inmate's income declared unlawful.
The applicant, a federal inmate, brought an application for judicial review of a decision by Correctional Service Canada to deduct 100 percent of his inmate income to discharge an outstanding costs order in favour of the Crown.
The Federal Court held that while the Financial Administration Act provided the legal authority to make such deductions to discharge a debt to the Crown, it was unreasonable to withhold 100 percent of the applicant's income without considering the purpose of the correctional system and the impact on the offender's rehabilitation and basic needs.
The application for judicial review was allowed and the decision to withhold the income was declared unlawful.