| This was an application for certiorari and prohibition in relation to a decision taken by CSC officers to involuntarily transfer C from the maximum security Archambault Institution to the maximum security Donnacona Institution. The transfer was ordered on the basis that the warden had reason to believe that there existed a serious and probable risk of conflict between C and a guard. Specifically, it was brought to the warden's attention that one of the prison guards at Archambault Institution, R, was a guard at the Laval Establishment at the time a guard was murdered in July 1978 and that this guard, R, was actively involved in the incident at the time of the attempted escape of the inmates, of which C was one. During that attempted escape at Laval, one guard was murdered and the brother of R, who also was a guard, was seriously injured. The Court had before it affidavit evidence stating that the guard R and C recognized one another and had an exchange of words. The issue before the court was the determination of whether the decision to cause C's transfer was one made arbitrarily without just cause or whether there existed valid reason for the transfer. |
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In dismissing the application, Teitelbaum J. was satisfied that the decision taken by the warden was not only not arbitrary or excessive, but furthermore believed it to be the correct and only decision to make. Moreover, Teitelbaum J. was of the opinion that had the warden not made the decision to transfer C and an altercation with C and the guard R took place, the possibility could exist that the warden would have been negligent in fulfilling his duty to ensure the avoidance of possible or probable problems. In the end, the decision to transfer was not taken arbitrarily, in bad faith, or in a capricious manner.
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