What is the impact of a Deputy Commissioner's decision to refuse to transfer an inmate to a rehabilitation plan?
Canada (Federal), Canada
The following excerpt is from Poulin v. Canada (Attorney General), 2002 FCT 131 (CanLII):
The Deputy Commissioner attached greater weight to public safety than to the plan's rehabilitation objectives. The power conferred on the Commissioner (or his representative) is twofold: discretionary, according to Légère v. Canada, 1997 CanLII 5306 (FC), [1997] F.C.J. No. 749 (F.C.T.D.), in which Pinard J. said: [para 6] The decision to transfer or to refuse to transfer an inmate is a discretionary one, which attracts the duty of procedural fairness.
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