What is the relevant case law on disclosure at a transfer hearing?

British Columbia, Canada


The following excerpt is from Butler v. Matsqui Institution (Warden), 2012 BCSC 1326 (CanLII):

The purpose of these required procedures, as discussed in the case law, was summarized by Willcock J. in Caouette v. Mission Institution, 2010 BCSC 769 at para. 80: The applicant must be provided with sufficient disclosure to know the case he had to meet. The issue at the hearing is the reasonableness and the seriousness of the belief on which the decision would be based. The participation of the applicant has to be rendered meaningful in relation to that issue. Transfer decisions made without such disclosure will have been unlawful.

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