LES TRANSFEREMENTS INTERPENITENTIAIRES: DU DROIT ADMINISTRATIF A LA CHARTE CONSTITUTIONNELLE
AbstractThis article deals with the developments in the case law on the control of the legality of transfers of prisoners between prisons. Such transfers have an impact on the scope of the liberties of those who are incarcerated and thus raise issues in administrative law and in the application of the Canadian Charter of Rights and Freedoms. After a brief survey of the general principles of administrative law governing transfers, the authors consider constitutional protections afforded by sections 7, 9 and 12 of the Charter to persons who are the subject of a transfer. The authors seek to demonstrate that the rights protected by sections 7, 9 and 12 have conferred on prisoners who may be transferred a more favourable institutional status.
Download data is not yet available.