What procedural safeguards must an inmate who is moved immediately pursuant to s. 12 of CD 710-2-4 be provided with by the Institutional Head or designate?

British Columbia, Canada


The following excerpt is from Howdle v Canada (Attorney General), 2018 BCSC 1775 (CanLII):

Section 13 of CD 710-2-4 provides that an inmate, who is moved immediately pursuant to s. 12, be promptly provided with certain procedural safeguards: 13. In such circumstances, within two working days after the movement, the Institutional Head or designate will: a. meet with the inmate to explain the reasons for the movement b. give the inmate written notice of the movement via a “Notice of Involuntary Transfer/Movement Recommendation” which will: i. clearly state the reasons for the recommendation for the movement ii. advise the inmate of his/her right to legal counsel without delay iii. advise the inmate that he/she can prepare and make representations in person or in writing with respect to the movement in the next two working days iv. advise the inmate of his/her right to request an extension of up to 10 working days to prepare and submit a rebuttal v. be signed by the inmate and a copy will be provided to him/her

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