Cartier v. Canada ( Attorney General )
T-2652-97 / T-1668-97
Nadon J.
24/8/98
21 pp.
Applications for judicial review of two decisions of Correctional Service of Canada dated July 9 and November 5, 1997-Until July 9, 1997, applicant inmate at maximum-security Donnacona Institution, serving 15-year sentence-On June 23, 1997, applicant receiving notification of recommendation of involuntary transfer to Special Handling Unit (SHU) at Ste-Anne-des-Plaines Institution-Applicant also receiving Progress Summary Report (PSR)-Applicant committing very serious assault on inmate on June 4, 1997-Applicant also involved in drug trafficking network in institution-Applicant engaging in influence peddling and intimidating peers-On June 24, 1997, applicant filing written objection to transfer recommendation, complaining not enough information from Correctional Service-On July 9, 1997, applicant transferred to SHU at Ste-Anne-des-Plaines for assessment as result of decision made on same date by Correctional Service-On November 5, 1997, after reviewing applicant's file, applicant's case management officer signing PSR recommending applicant's admission to SHU-Grounds in support of applications for judicial review identical-Corrections and Conditional Release Act, ss. 27, 28, 29 applicable-S. 27(1) entitles applicant to be given, within reasonable period before decision to transfer applicant taken, all relevant information leading to decision or summary of information-Whether Correctional Service provided applicant with all information "to be considered in" taking of decision or summary of information-Provision qualified by s. 27(3), authorizing Commissioner to withhold certain information from inmate "where the Commissioner has reasonable grounds to believe that disclosure of information under subsection (1) or (2) would jeopardize . . . the safety of any person . . . the security of a penitentiary, or . . . the conduct of any lawful investigation"-PSR of June 23, 1997, including security report summaries, provided enough information for applicant to understand why Correctional Service sought transfer-Information provided to applicant enabled latter to make representations latter considered appropriate with respect to assault on inmate, drug trafficking and intimidation and influence peddling within penitentiary-In case of decision to transfer inmate, question not whether inmate has alibi, but whether information available to Correctional Service justifies transfer-Rules of procedural fairness respected-Applications dismissed-Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 27, 28, 29.