[2011] 3 F.C.R. D-13
Penitentiaries
Judicial review of Senior Deputy Commissioner (SDC) of Correctional Service Canada’s (CSC) decision wherein SDC denying third-level grievance in relation to decision to involuntarily transfer applicant’s incarceration from one institution to another to provide applicant with safe environment—Applicant serving life sentence for first degree murder—Placed in administrative segregation since three inmates at institution had been identified as being “incompatible” with applicant—Applicant arguing that should be provided with identity of incompatible inmates which prompted segregation, transfer of institution so that he could attempt to reconcile with them—SDC not breaching applicant’s right to procedural fairness—While CSC having onerous disclosure obligation pursuant to Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 27(1), obligation subject to exception under s. 27(3) providing that information may be withheld if interests set out therein potentially jeopardized—In circumstances of present case, SDC not required to disclose identities of applicant’s incompatibles since disclosure would possibly jeopardize safety of persons, security of penitentiary—Information disclosed sufficient to enable applicant to meaningfully participate in process of determining whether transfer should occur—SDC’s decision to deny applicant’s third-level grievance not unreasonable—Since SDC acting on information from multiple reliable sources, conclusion that applicant having incompatibles at institution at issue not outside range of possible, acceptable outcomes—Application dismissed.
Chow v. Canada (Attorney General) (T-432-09, 2011 FC 914, Tremblay-Lamer J., judgment dated July 21, 2011, 16 pp.)