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M brought an application seeking judicial review of a decision by the CSC to transfer him involuntarily from medium to maximum security. As a result of his alleged involvement in the assault of another inmate, M was placed in segregation and then later transferred. The police investigated the assault and criminal charges were laid against M. The criminal charges were later stayed because the victim was unlawfully at large at the time and the Crown had insufficient evidence to proceed. M argued that the decision to transfer constituted a breach of the CSC’s duty to act fairly and was an infringement of his rights under ss.7, 11(d) and 24 of the Charter of Rights and Freedoms. M maintained that the decision was untenable considering the stay of the criminal charges relating to the precipitating event. In dismissing the application, Jerome A.C.J. held that there was nothing in the facts to indicate that M was treated unfairly. M was given notice of the transfer, the reasons why the transfer was being considered and he took the opportunity provided to him to respond and dispute it.
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