Lavery v. Canada ( Deputy Commissioner, Correctional Service, Pacific Region )
T-1211-96
Wetston J.
14/6/96
5 pp.
Application for stay of Correctional Service of Canada, Pacific Region, Deputy Commissioner's decision approving involuntary transfer of applicant from Kent Institution to higher maximum security penitentiary (special handling unit) at Saskatchewan penitentiary-Applicant arguing transfer could jeopardize chances of early release on day parole-Apparently, principal reason for transfer Deputy Commissioner's belief applicant involved in murder of inmate for which applicant charged and acquitted-Application allowed-Tripartite test for stay in RJR-MacDonald Inc. v. Canada (Attorney General), [1992] 1 S.C.R. 311; Horii v. Canada, [1992] 1 F.C. 142 (C.A.) applied-(1) Serious question to be reviewed-No new information on which Deputy Commissioner based decision-Non-disclosure of important information to applicant-(2) Irreparable harm-Application of principle in Horii (fact harm threatened to arise from transfer between prisons was in future did not make it speculative) more matter of degree than inapplicability-Irreparable harm relating to nature of harm rather than its magnitude-In Horii, Hugessen J.A. stated principal purpose of interlocutory injunction to prevent harm before it happens-If violation of Charter has occurred, then compensation not adequate remedy-Whether or not transfer could jeopardize chances of early release on day parole matter to be determined in future by appropriate authorities-(3) Balance of convenience-As not single negative report on applicant during stay at Kent Institution, balance of convenience favours maintenance of status quo.