PENITENTIARIES |
Harms v. Canada (Deputy Commissioner, Correctional Service, Pacific Region)
T-1894-99, T-1895-99
Rouleau J.
23/10/00
15 pp.
Applications for judicial review of two decisions of Assistant Deputy Commissioner approving involuntary transfer of two inmate applicants from maximum security Kent Institution to Special Handling Unit (SHU) in Quebec--Both transferred to Kent when became suspects in murder of inmate at Mission Institution--While at Kent, participated in riot by inciting other inmates, fuelling fires, obstructing firefighting--Subsequently, decision taken to transfer them to SHU--Issues whether decisions patently unreasonable and whether respondents met obligation to provide applicants with fair hearing--Applications dismissed--Applicants notified of intention to transfer them to SHU--Applicants provided with opportunity to respond to notices of involuntary transfer--Final response never received--Applicants never asked for additional information regarding allegations forming basis of recommendation to transfer and never complained about impossibility to respond due to lack of information--Applicants cannot rely on B.C.S.C. decision finding transfer from Mission to Kent unlawful as circumstances entirely different--Decision to transfer from Kent to SHU unrelated to suspicion of murder; based on applicants' behaviour during stay at Kent (participation in riot and numerous other offences)--Respondents not compelled to deliver any further information to applicants--Information provided sufficient--Explanations provided to Court should and could have been provided much earlier, before actual decision made.