Beaucage v. Canada ( Deputy Commissioner of the Correctional Service )

T-1209-92

Reed J.

15/1/93

Application for certiorari quashing decision to transfer applicant to Special Handling Unit facility in Ste. Anne des Plaines, Quebec -- First ground, lack of opportunity to make submissions to Warden on recommendations to Deputy Commissioner with respect to proposed transfer, not clearly set out in notice of motion -- Applicant said to be involved in smuggling of serious contraband, shotgun shell, into institution -- Information leading to decision to transfer scam -- Rebuttal submissions made by applicant -- No breach of natural justice if inmate not given opportunity to know Warden's reasons for not accepting recommendation of penitentiary official -- New circumstances occurring after previous recommendation must fundamentally change applicant's understanding of nature of case against him -- Decision in Cardinal et al. v. Director of Kent Institution, [1985] 2 S.C.R. 643, distinguished -- No prejudice to applicant because of information not being available to Warden and Deputy Commissioner -- Reviewing Court not substituting conclusion on facts from that made by decision maker presumed to have more expertise than Court in making said decisions -- Decisions by Warden and Deputy Commissioner not unreasonable as made with factual basis -- Transfer of applicant to more secure facility justified, cannot be considered unfair -- Applicant, not other inmate, demonstrating ability to circumvent security of Kingston Penitentiary -- Application dismissed.