Todd Sloan

The applicant, an inmate serving a life sentence, applied for habeas corpus challenging his involuntary transfer from a minimum-security to a medium-security institution.

The applicant argued the transfer decision was based on erroneous information and that his misconduct did not warrant a medium-security classification.

The court applied a reasonableness standard of review and found that the Correctional Service of Canada's decision was justified, transparent, and intelligible.

The record demonstrated the applicant's repeated institutional misconduct, including employment suspensions and unauthorized attendance in restricted areas, which supported the finding that he required a moderate degree of supervision.

The application was dismissed, and nominal costs of $500 were awarded to the respondent.

The applicant, a federal inmate serving a six-year sentence, applied for habeas corpus challenging a transfer from minimum to medium security.

He alleged the transfer decision was procedurally unfair under s. 27 of the Corrections and Conditional Release Act because confidential source information was withheld and insufficient particulars were disclosed.

The court held that correctional authorities may withhold information where disclosure would jeopardize safety, security, or investigations, provided a sealed affidavit explaining the withheld material is supplied to the reviewing court.

The court was satisfied that the sealed affidavit justified nondisclosure and that the applicant had received an adequate summary of the information against him.

The court also found the transfer decision reasonable and declined to interfere with institutional placement decisions.