Digests

Penitentiaries

Judicial review of respondent Minister’s redetermination denying request for transfer of applicant’s sentence pursuant to International Transfer of Offenders Act, 2004, c. 21 (ITOA)—Applicant, Canadian citizen, convicted, sentenced abroad for international drug trafficking offences—Respondent finding that applicant significant risk to commit organized crime offence; remaining threat to security of Canada—Under ITOA, s. 10(2)(a), Minister must consider whether in his opinion, offender will, after transfer to Canada, commit a terrorism offence or criminal organization offence within meaning of Criminal Code, R.S.C., 1985, c. C-46—Respondent interpreting provision as requiring determination of whether significant risk existing that offender will commit criminal organization offence—“Significant risk” standard not unreasonably diluting degree of certainty indicated by Parliament by lowering threshold to something less than determination on balance of probabilities—Term “will” in s. 10(2)(a) tempered by preceding phrase “in the Minister’s opinion”—Issue more helpfully formulated as whether, in Minister’s opinion, evidence existing leading him to reasonably conclude that after transfer, applicant will commit organized criminal offence—Evidentiary basis in present case sufficient for respondent to reasonably invoke ITOA, s. 10(2)(a) since respondent’s conclusions not merely extrapolations based solely on applicant’s conviction—Reasonableness standard only requiring that respondent, having regard to all evidence present, make intelligible, coherent, defensible decision—Not bound to adopt recommendations of Correctional Services Canada officials—Respondent’s conclusion falling within range of possible, acceptable outcomes—Application dismissed.

Grant v. Canada (Public Safety and Emergency Preparedness) (T-707-10, 2010 FC 958, Near J., judgment dated September 24, 2010, 19 pp.)