Smith v. Canada (Attorney General)
The Warden's reasons, although not artfully expressed, were sufficient because the appellant was aware the transfer was recommended for security concerns resulting from an altercation; therefore the habeas corpus application was properly dismissed.
Source-derived case information.
- Citation
- 2009 ONCA 193
- Parties
- Appellant: Ian Smith; Respondent: The Attorney General of Canada
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 4 March 2009
- Procedural Posture
- Habeas Corpus Appeal / Appeal From Superior Court of Justice Decision Dismissing Habeas Corpus Application
- Outcome
- Appeal dismissed
- Legal Topics
- Prisoner Transfers, Adequacy of Reasons, Procedural Fairness, Judicial Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ian Smith
Appellant
The Attorney General of Canada
Respondent
Procedural Posture
Habeas Corpus Appeal / Appeal From Superior Court of Justice Decision Dismissing Habeas Corpus Application
Legal Issues
- 1 Whether the Warden provided adequate reasons for ordering the transfer
- 2 Whether the reviewing judge erred in dismissing the habeas corpus application
Ratio Decidendi
The Warden's reasons, although not artfully expressed, were sufficient because the appellant was aware the transfer was recommended for security concerns resulting from an altercation; therefore the habeas corpus application was properly dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
Smith v. Canada (Attorney General) Collection Decisions of the Court of Appeal Date 2009-03-04 Neutral citation 2009 ONCA 193 Docket numbers C48571 Judges Laskin, John Ivan; Blair, Robert Ashley; Watt, David Subject Civil Decision Content 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.