Saskatchewan judge washes hands of bid for same-sex prison couple to live together

Love blossoms in unlikely places and prison is no exception. However, two men who are long-time federal inmates have lost a bid to live together in the same Saskatchewan institution.

A Saskatchewan Court of Queen's Bench judge has rejected an application by Jean Richer and Leslie Siobert to force the Correctional Service of Canada to let them share the same unit at the Riverbend Annex minimum-security facility in Prince Albert.

Justice Mona Dovell's decision wasn't based on any fundamental objection to the two men being a couple. She simply declined to get in the middle of their fight with prison authorities over the rules about who can live where.

Richer and Siobert, who are serving life or indeterminate sentences, apparently have been together a number of years. They were transferred to Riverbend from the medium-security Saskatchewan Penitentiary within weeks of each other last spring.

When Richer arrived, he submitted an Inmate's Request to be allowed to live in the same housing unit as Sinobert.

However, the request was turned down by a corrections manager, who said Richer was never promised he could live with Sinobert after joining him at Riverbend.

Sinobert, 62, has suffered from the effects of mercury poisoning (Minimata disease) since childhood and has had three strokes since 1993. He was being housed in a unit at Riverbend that is designated for inmates with mental-health issues.

"You and Sinobert have ample opportunity to visit & socialize in the AM, after work, & on weekends, outside of the Minimum Security houses," manager Darcy Begrand wrote in response to Richer's request.

[ Related: Same-sex inmate couple loses case to share same housing unit ]

After that decision, guards discovered Richer in Sinobert's unit without authorization in July. He was convicted of a disciplinary offence under prison rules and fined $5.

That triggered their application to the court for unconditional release, arguing their Charter right to live together and pursue their longstanding same-sex relationship outside of the public domain had been violated.

The pair did not have a lawyer, with Richer representing them both in court, The Canadian Press said.

In her ruling, Dovell said the two inmates' decision to go to court sidestepped the normal prison grievance process, which they used unsuccessfully in 2007 on the same issue while at Saskatchewan Penitentiary.

A senior corrections official also recommended that approach when she responded to a letter from Richer in June after his request to live with Sinobert was turned down.

[ Related: Federal judge orders review of prison grievance system after inmate complains ]

The complaint and grievance system, the official noted, is designed to give inmates redress if they feel they've been treated unfairly.

"Notwithstanding that direction, Richer, who is familiar with the grievance process as he has in the past made use of it on numerous occasions, has not made a first‑level grievance with regard to the concerns as contained in this application," Dovell wrote.

While the provincial Queen's Bench court has some limited jurisdiction over situations in federal prisons, the real venue for unresolved complaints is the Federal Court, she said. But first, they need to go through the corrections grievance system.

"It is not that Richer does not know the proper procedure; he has chosen not to follow it as he finds the grievance process frustrating and time consuming," Dovell concluded.

"It may very well be all those things, but it is a process that must be followed as opposed to applying to this Court for a remedy.

"The grievance process must be followed by the applicants with a view to eventually bringing a judicial review application to the Federal Court if no favourable responses are obtained by them before then."