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Y sought a declaration that his involuntary transfer from the maximum-security segregated unit in Edmonton Institution back to the SHU in Prince Albert for a 90-day assessment violated his Charter rights. Y also sought an order of habeas corpus with mandamus in aid, transferring him to the Kingston Penitentiary in Ontario. While at the Edmonton Institution, Y refused to be admitted to the general population claiming for his safety, but also had difficulty in segregation due to the incompatibility of Y with other inmates in that unit. Y had issued threats of violence to himself and the prison staff if he was not transferred out of the unit. The involuntary transfer was executed because prison authorities believed that Y was capable of carrying out his threats and also had reason to believe that he was recruiting inmates to take part in a hostage taking. Baynton J. held that there was no breach of Y’s Charter rights. Prison authorities would have acted improperly and irresponsibly had they not dealt with Y in the manner in which they did. Even if the Court was satisfied that the applicant’s Charter rights had been breached, the remedy sought, namely a mandatory transfer to an institution in Kingston, was not within the jurisdiction of the Saskatchewan Court of Queen’s Bench. Only the Federal Court could make such an order. The application was dismissed.
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