What is the legal test for a transfer of an inmate from a high security institution to a lower security institution?

Ontario, Canada


The following excerpt is from Tyler v. Attorney General of Canada, 2015 ONSC 1283 (CanLII):

The decision to transfer an inmate from one institution to another is essentially an administrative matter. As such, it will only be interfered with by the courts on the rare occasion when it is manifestly clear the inmate has not been dealt with fairly, taking into account all of the circumstances surrounding the transfer. (see Bachynski v. William Head Institutions, 57 A.C.W.S. (3d) 2.)

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