Case information
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40144
Clifford Barry Howdle v. Warden of Mission Medium Institution
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-04-24 | Close file on Leave | |
| 2023-04-24 | Reconsideration not accepted for filing, (Letter by the Registrar sent by email) | |
| 2023-04-17 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2023-02-22 | Correspondence (sent by the Court) to, both parties, by mail, Re: certificate of taxation | |
| 2023-02-14 | Certificate of taxation issued to, Charmaine de los Reyes | |
| 2023-02-14 | Decision on the bill of costs, in the amount of $1,114.90, Reg | |
| 2023-02-14 | Submission of the bill of costs, Reg | |
| 2022-12-01 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2023-04-17 | Clifford Barry Howdle |
| 2022-11-07 | Bill of costs, Completed on: 2023-02-09 | Warden of Mission Medium Institution |
| 2022-10-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-10-20 | Judgment on leave sent to the parties | |
| 2022-10-20 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA45781, 2020 BCCA 334, dated November 27, 2020, with supplementary reasons dated February 2, 2021, 2021 BCCA 334, is dismissed with costs. Dismissed, with costs |
|
| 2022-10-20 |
Decision on motion to extend time to file and /or serve the leave application, See decision on the application. Granted |
|
| 2022-09-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-09-12 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-09-12 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-06-28 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-06-30 | Clifford Barry Howdle |
| 2022-06-27 | Notice of name, (Letter Form), (Printed version due on 2022-07-05) | Warden of Mission Medium Institution |
| 2022-06-27 | Certificate (on limitations to public access), (Printed version due on 2022-07-05) | Warden of Mission Medium Institution |
| 2022-06-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-27, (Printed version due on 2022-07-05) | Warden of Mission Medium Institution |
| 2022-05-27 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 2022/05/27 | |
| 2021-09-15 | Correspondence received from, (Letter Form), Letter requesting an update on the filing of the application for leave to appeal | Clifford Barry Howdle |
| 2021-09-08 | Correspondence received from, (Letter Form), Letter regarding the paper filing of the application for leave to appeal | Clifford Barry Howdle |
| 2021-09-08 | Certificate (on limitations to public access), (Letter Form) | Clifford Barry Howdle |
| 2021-09-08 | Notice of miscellaneous motion, (Letter Form), Motion to Join, Completed on: 2022-05-18 | Clifford Barry Howdle |
| 2021-09-08 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2022-05-18 | Clifford Barry Howdle |
| 2021-09-08 |
Application for leave to appeal, (Book Form), Initial application rec'd by fax 2021/03/23 BCSC Order rec'd 2021/12/13, Completed on: 2021-12-13 |
Clifford Barry Howdle |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Howdle, Clifford Barry | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Warden of Mission Medium Institution | Respondent | Active |
Counsel
Party: Howdle, Clifford Barry
This party is not represented by counsel.
Party: Warden of Mission Medium Institution
Counsel
Robson Court
900 - 840 Howe Street
Vancouver
V6Z 2S9
Telephone: (604) 658-8959
Email: charmaine.delosreyes@justice.gc.ca
Agent
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Prisons — Inmates — Security reclassification within clustered prison — How far is one part of the Canadian justice system allowed to go to protect and cover up for the unlawful action and behaviours of other parts of the Canadian Justice System.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In 2017, a review of Mr. Howdle’s security classification resulted in a score corresponding to a medium security rating. The Correctional Service of Canada exercised its discretion to override that rating and he was placed in the minimum security portion of Mission Institution, a clustered institution with a minimum security setting and a medium security setting. In order to remain in the minimum security setting, he was required to follow his management plan. It instructed his case management team to employ a cautious approach, intervening quickly at the first sign of deteriorating behaviour. In April 2018, the case management team noted behaviours that indicated an escalation in his risk level to reoffend. In May 2018, he was told that he was being moved into Mission Institution’s medium security setting. He was given the documents required when an inmate is involuntarily moved within a single institution: Corrections and Conditional Release Act, S.C. 1992, c. 20; Corrections and Conditional Release Regulations, SOR/92-620; Commissioner’s Directive 710-2-4. The documents disclosed that his case management team had recommended that he be classified as medium security and transferred. Mr. Howdle offered a rebuttal to the concerns expressed in the documents and was present when the Warden’s Review Board met to address the case management team’s recommendation. The Warden’s written decision increased his security classification to medium security and approved his involuntary transfer to the medium security setting. Mr. Howdle applied for habeas corpus seeking to be returned to the minimum security setting.
Mr. Howdle’s application for habeas corpus was dismissed. His appeal was also dismissed, as was his application to reopen the appeal.
Lower court rulings
Supreme Court of British Columbia
27652, 2018 BCSC 1775
Application for habeas corpus dismissed
Court of Appeal for British Columbia (Vancouver)
CA45781, 2020 BCCA 334
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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