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PRISON ADMINISTRATION - Reclassification of prisoners - Transfer of prisoners

Tuesday, January 05, 2021 @ 6:13 AM  

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Appeal by Howdle, a federal inmate at Mission Institution, from the dismissal of his application for habeas corpus with certiorari in aid. The appellant was designated a dangerous offender following multiple convictions for sexual assault and received an indeterminate sentence. The appellant was moved involuntarily from a minimum to a medium security setting within the same institution under an immediate movement procedure, pending a review of his security level classification, after his case management team identified growing concerns about his risk level. The appellant was given all information relied on and provided an opportunity to present a rebuttal of the concerns raised. The warden increased the appellant’s security classification from minimum to medium and approved the involuntary transfer. The chambers judge found the appellant was afforded all procedural rights to which he was entitled.

HELD: Appeal dismissed. The chambers judge did not impermissibly broaden the scope of the immediate transfer procedure when she found the decision to move the appellant was reasonably justified. The decision to move the appellant was well founded. His developing behavioural problems were extensively documented. The warden’s decision confirming the transfer was reasonable. The appellant received the disclosure to which he was entitled and was afforded procedural fairness.

Howdle v. Mission Medium Institution (Warden), [2020] B.C.J. No. 1932, British Columbia Court of Appeal, D.C. Harris, G. Dickson and P. Abrioux JJ.A., November 27, 2020. Digest No. TLD-January42021004