PENITENTIARIES
Judicial review of decision by Correctional Service of Canada (CSC) to transfer applicant to institution much farther from family, community notwithstanding no change to security, correctional plan—Reason for involuntary transfer community’s response to applicant’s presence, particularly that of widow of police officer slain by applicant—Corrections and Conditional Release Act (CCRA), S.C. 1992, c. 20, s. 28 requiring consideration of safety of public, inmate, security of penitentiary, accessibility to inmate’s community, family, culture, language, rehabilitation, availability of programs, services useful for inmate—CCRA, Corrections and Conditional Release Regulations, SOR/92‑620, Commissioner’s Directive on transfer of offenders not even alluding to “community outcry”—Respondent not explaining how applicant’s presence in Fenbrook facility could put at risk safety of public—Application allowed.
MacDonald v. Canada (Attorney General) (T‑1740‑06, 2007 FC 1277, Frenette J., judgment dated 6/12/07, 12 pp.)