Court File and Parties

CITATION: Smith v. Canada (Attorney General), 2009 ONCA 193

DATE: 20090303

DOCKET: C48571

COURT OF APPEAL FOR ONTARIO

Laskin, Blair and Watt JJ.A.

BETWEEN

Ian Smith

Appellant

and

The Attorney General of Canada

Respondent

Brian A. Callender, for the appellant

Patrick Bendin, for the respondent

Heard: March 2, 2009

On appeal from the decision of Justice Douglas M. Belch of the Superior Court of Justice dismissing application for habeas corpus, dated August 29, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appellant’s principal contention is that the Warden’s reasons for ordering a transfer were inadequate. The reviewing judge acknowledged that the Warden’s reasons could have been better but was satisfied that the appellant knew why he was being transferred. In the words of the reviewing judge: “The transfer was recommended for the security concerns triggered by the altercation with his cell mate.”

[2] We agree with the reviewing judge. Accordingly, the appeal is dismissed.