Pilon et al v Yeomans


[1984] 2 F.C. 932 (F.C.T.D.)

    P sought judicial review of a decision to involuntarily transfer him from a medium security penitentiary to a maximum-security penitentiary. The transfer was initiated on the basis that P was having a negative influence on the general prison population. The issue: Was P entitled under the principles of procedural fairness to be afforded the opportunity of a hearing with respect to his transfer?
    In dismissing the application, McNair J. held that there was nothing in the Act or Regulations that required or made mandatory a full scale hearing as a necessary prelude to an administrative decision to transfer a prison inmate from one security institution to another. The duty of fairness does not require that such a hearing be held.
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