I agree with the applicants arguments with regard to the wardens assessment of the risk he would pose during his absence. Whatever medium or long-term risks the applicant might pose to society, it is true that committing the kind of offence for which he was convicted does require time and planning. There were in fact preventive measures that could have been taken in the context of a brief escorted absence which would have prevented the applicant from planning and committing such an offence. The warden herself acknowledged this fact. The finding that [translation] the risk of reoffending [that would be posed by the applicant] during [an] absence is an undue risk to society cannot be inferred from the applicants record. The wardens reasoning is deeply flawed. It does not fall within a range of possible, acceptable outcomes which are defensible in respect of the facts and law, Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 at para. 47.
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