[2012] 2 F.C.R. D-2
Penitentiaries
Judicial review of respondent’s decision denying applicant’s request to serve remainder of sentence in Canada—Applicant, Canadian citizen, serving prison sentence in U.S. for drug trafficking—Whether respondent’s decision unreasonable—Pursuant to International Transfer of Offenders Act, S.C. 2004, c. 21, ss. 3, 10, respondent must base decision regarding transfer on purposes of Act, relevant factors specified therein although factors not exhaustive—In present case, respondent relying only on circumstances of applicant’s crime; not referring to other relevant factors such as security of Canada, whether offender abandoning Canada as place of permanent residence, etc.—Not explicitly considering likelihood of applicant committing criminal organization offence—Applicant’s record containing allegation by Correctional Service Canada applicant acting as courier for criminal organization—Applicant never informed of allegation, never given opportunity to respond thereto—Respondent’s denial of transfer turning on fact applicant having unspecified connection to organized crime—In present case, respondent’s decision not complying with statutory parameters, applicable principles of justice—Decision not disclosing reason application denied, not affording applicant opportunity to respond to suggestion applicant previously involved in organized crime—Therefore, respondent’s decision unreasonable—Application allowed.
Tangorra v. Canada (Public Safety and Emergency Preparedness) (T-1520-10, 2011 FC 1433, O’Reilly J., judgment dated December 7, 2011, 14 pp.)