PENITENTIARIES |
Ayotte v. Canada (Attorney General)
T-787-00
Dubé J.
2/1/01
11 pp.
Application for judicial review of decision rendered on behalf of Commissioner of Correctional Service of Canada that applicant's security classification raised from medium to high and transferred from Cowansville Institution (medium security), to Donnacona Institution (high security)--Applicant serving sentence of life imprisonment since 1979 for second degree murder, breaking and entering, possession of burglary tools--Now charged with robbery with loaded weapon committed during period when unlawfully at large--On September 22, 1999, applicant placed in administrative segregation during investigation following receipt of information to effect intended to escape--Applicant filed grievance at three levels and grievances dismissed--Third-level decision subject-matter of application for judicial review--Issue whether impugned decision well founded in sense that information disclosed to applicant sufficient for him to make representations for purpose of refuting allegations made against him--Applicant's case management team had completed document entitled "Assessment for Decision", in which raising of security classification from medium to high and transfer to high-security institution recommended--Applicant wrong to claim unable to make adequate representations--Procedural fairness rules vary according to circumstances--Notice based not only on planned escape but on whole criminal record of applicant, progress in prison, failures on day parole, unlawful at-larges and pending charges--Applicant already had all available information as to overall record--Transfer no doubt triggered by recent information about escape plan--Transfer necessary for proper functioning of institution--Disclosure of particulars as to confidential information obtained about planned escape would jeopardize security of other persons involved--Wrong to put on same level all administrative decisions involving inmates in penitentiaries--Decision to transfer administrative in nature, made in order to maintain order in penitentiary and to ensure protection of public--As such, procedural fairness not requiring applicant have as many particulars as in case of disciplinary charge--Herein reasonableness and seriousness of reasons on which decision based, taken as whole, have demonstrated applicant's transfer justified--Application dismissed.