| The applicant S sought, by way of motion for certiorari or relief of that nature, the quashing of the decision to transfer him from a medium to a maximum-security institution. The notification of transfer contained the "reasons" for the decision, upon which S was expected to make any comments in his defence. Those reasons were as follows: "An internal security investigation has been conducted into the assault of inmate miller on 87.10.19. We have reasonable and probable grounds to believe you were responsible for that assault. This type of behaviour warrants consideration for a maximum security institution." S denied his involvement, and then specifically requested he be advised in greater detail of the reasonable and probable grounds the authorities had for believing he was involved in the assault. This request for further written detail of the reasons for transfer was not met. Before the court, counsel for the parties agreed that the written documents did not provide adequate written information as to the reasons for the proposed involuntary transfer. The CSC in their argument, however, relied on oral information said to have been shared with S by Preventive Security personnel. The information implicating S derived form confidential informant sources. The issue before the court: Was the transfer decision made without providing S with any information, or with insufficient information as to the reason for the transfer? |
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In allowing the application, Collier J. asserted that the court could not think of any reason why a written answer, setting out the essential details of the allegations, could not have been provided. The identity of the informant could have been protected. It was not necessary for the court to decide in this case whether the Security Officer's oral information was sufficient compliance. In the face of S's specific request for some detail in writing, the authorities deliberately did not amplify their stated written reasons. Therefore, there was no compliance in the particular circumstances with the duty to act fairly. An order in the nature of certiorari was issued, quashing the decision of the CSC.
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