Hiebert v. Canada (Correctional Service of Canada)

Hiebert v. Canada (Correctional Service of Canada)

The Commissioner's decision to uphold the transfer and increased security classification was not patently unreasonable given reliable information supporting drug involvement and threats; procedural fairness was respected because the defects in the initial notice were cured by re-serving an amended Notice and Assessment which provided specific details and an opportunity to rebut, therefore the judicial review application is dismissed.

Citation
2005 FC 1719
Parties
Applicant: Kurt Hiebert; Respondent: Attorney General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
21 December 2005
Procedural Posture
Judicial Review / Final Decision / Order Dismissing Application
Outcome
Application for judicial review dismissed with costs
Legal Topics
Security Classification, Involuntary Transfer, Procedural Fairness, Grievance Process, Standard of Review, Charter S.7 and S.9
Source Language
English
Administrative Law Corrections Law Constitutional Law Security Classification Involuntary Transfer Procedural Fairness Grievance Process Standard of Review +1 more

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Parties

Kurt Hiebert

Applicant

Attorney General of Canada

Respondent

Procedural Posture

Judicial Review / Final Decision / Order Dismissing Application

Legal Issues

  1. 1 Whether the Commissioner's substantive decision to transfer the applicant and increase his security classification was patently unreasonable
  2. 2 Whether the Correctional Service of Canada breached the applicant's right to procedural fairness
  3. 3 Whether Charter ss.7 or 9 were engaged by the transfer

Ratio Decidendi

The Commissioner's decision to uphold the transfer and increased security classification was not patently unreasonable given reliable information supporting drug involvement and threats; procedural fairness was respected because the defects in the initial notice were cured by re-serving an amended Notice and Assessment which provided specific details and an opportunity to rebut, therefore the judicial review application is dismissed.

Court Disposition

Application for judicial review dismissed with costs

Orders

  • Application for judicial review dismissed
  • Costs awarded to the Respondent