M. Parker

The applicant, a dangerous offender serving an indeterminate sentence, brought an application for habeas corpus to challenge his involuntary transfer from Bath Institution to Collins Bay Institution.

The transfer occurred after prison authorities discovered he was involved in an inappropriate relationship with the prison chaplain.

The court dismissed the application, finding that the applicant failed to establish that the transfer between two medium-security institutions constituted a significant reduction in his residual liberty.

A federal inmate brought an application for habeas corpus challenging his reclassification from medium to maximum security and transfer to another institution.

The applicant argued that correctional authorities breached procedural fairness by withholding information relied upon in the transfer decision and that the decision was unreasonable.

The court reviewed the disclosure process under s. 27 of the Corrections and Conditional Release Act and the principles set out in Mission Institution v. Khela.

After reviewing a sealed affidavit explaining the withheld information and the reliability of confidential sources, the court found that the correctional authorities lawfully invoked s. 27(3) and disclosed sufficient summaries to allow the applicant to meet the case against him.

The court further held that the transfer decision fell within the range of reasonable outcomes supported by the evidentiary record.