| The
applicant B was involuntarily transferred from a minimum to a medium security
institution on the basis of information indicating that he was planning
to assault a female staff member. B sought judicial review on the grounds
that s7 of the Charter had been infringed, that s12 of the CCR Regulations
were not complied with, and that the decision-maker incorrectly assessed
the facts. The application was dismissed. Pinard J. asserted that since
the decision appeared to be based on an important piece of evidence in
the file, namely the Progress Summary Report, it cannot be said that the
decision was based on an erroneous finding of fact or made in a perverse
or capricious manner. Procedural fairness and respect for the principles
of natural justice were held to be satisfied on the finding that B was
provided with adequate notice, disclosure and opportunity to make representations.
|
TOP