PENITENTIARIES |
Dupras v. Canada (Warden of Kent Institution)
T-1188-00
2001 FCT 632, McKeown J.
12/6/01
15 pp.
Application for judicial review of final decision by Assistant Deputy Commissioner (Regional Headquarters, Laval) to approve involuntary transfer of applicant from Kent Institution in British Columbia to Port Cartier Institution in Quebec--Issue whether respondents violated procedural fairness and efficiency requirements in dealing with applicant--Applicant claiming documentation on which decision based inaccurate and also referred to 2 items concerned which had not been put forward as part of respondent's case--Application dismissed--Standard of review applied herein reasonableness simpliciter--Transfer decisions made in difficult context of conflicting interests (individual rights of inmate, necessity of preserving order)--Prison authorities must act on best, albeit sometimes unreliable, information available, but given nature of inmate population and necessity of preserving order, often no other alternatives: Bachynski v. William Head Institution, [1995] B.C.J. No. 1715 (S.C.) (QL)--Awareness of difficult context particularly important in transfer cases where not matter of judging guilt or innocence--While fairness requiring person charged be given all available particulars of offence, not so in case of transfer decision made for sake of orderly and proper administration of institution: Gallant v. Canada (Deputy Commissioner, Correctional Service of Canada), [1989] 3 F.C. 329 (C.A.)--Nothing unreasonable in finding of Assistant Deputy Commissioner's decision and material upon which based.