[2012] 3 F.C.R. D-14
Penitentiaries
Appeal from Federal Court decision (2011 FC 1018) dismissing appellant’s judicial review application of Minister of Public Safety and Emergency Preparedness’ decision denying appellant’s request for transfer to Canada under International Transfer of Offenders Act, S.C. 2004, c. 21, s. 7—Appellant sentenced to 10 years' imprisonment in U.S. on drug-related charges—Appellant’s request to be transferred to Canada approved by American authorities—Minister denying appellant’s request on basis transfer would not achieve purposes of Act—Issues whether Minister’s reasons allowing reviewing Court to: understand why Minister made his decision; determine whether Minister’s conclusion within range of acceptable outcomes—Apparent from Minister’s decision Minister disagreeing with Correctional Service Canada’s (CSC) advice appellant not likely to commit act of organized crime—No bright line test for determining required level of explanation when Minister disagreeing with advice received—Each case depending upon record before Minister—Here, CSC unequivocal that it did not believe appellant would, after transfer, commit act of organized crime— Respondent not pointing to any cogent evidence in record that could reasonably undermine or contradict opinions of CSC—Minister’s contrary conclusion thus not justified, transparent or intelligible—Minister also not meeting duty to provide reasons under Act, s. 11(2)—Simple assertion factors enumerated in Act, s. 10 considered, transfer not achieving purposes of Act, insufficient—In presence of factors supporting transfer, Minister must demonstrate some assessment of competing factors so as to explain why transfer refused—Appeal allowed.
LeBon v. Canada (Attorney General) (A-351-11, 2012 FCA 132, Dawson J.A., judgment dated April 27, 2012, 12 pp.)