| P sought judicial review of a decision to transfer him involuntarily from a maximum-security institution in Quebec to another maximum-security institution in New Brunswick. P had played a significant role in the inmate's general strike of September 1986, and was being transferred out of the Quebec region because it was the CSC's opinion that Archambault and Donnacona penitentiaries had become unacceptable. This was so because of the significant role P played in the strike, the presence in these institutions of other participants in that strike, and the negative attitude of the guards toward the applicant. The case management officers believed that the security of both the other inmates and of the guards in Quebec was at stake. P challenged the decision jurisdictionally, procedurally and in relation to his s9 and 12 rights under the Charter. |
| In dismissing the application, Pinard J. held that jurisdictionally, the decision was clearly taken by a competent authority acting in good faith, and in accordance with the requirements of the Act. Procedurally, Pinard J. was of the opinion that the administrative authorities acted fairly and that P's proceedings were unfounded. Furthermore, it was Pinard J.'s view that on the facts in this case, P failed to establish a deprivation of the right accorded to him by s12 of the Charter, and that the effect of this interregional transfer was not "grossly disproportionate to what would have been appropriate." |
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