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The applicant D sought judicial review of a decision to transfer him involuntarily from a medium to a maximum-security penitentiary. D argued that the principles of procedural fairness and fundamental justice were breached on the basis that the decision-maker never considered his response to the proposed transfer. As well, D submitted that the decision authorizing the transfer makes no mention of his reasons for opposing it and fails to establish that the Deputy Director of the Regional Reception Centre took his response into consideration. In reviewing the transfer documentation, and in taking note of the fact that the Deputy Director stated within his written decision (and repeated in his affidavit to the Court) that he had taken the inmate’s response into consideration, Pinard J. held that there was no doubt that D’s response was indeed taken into consideration. The application was dismissed.
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