Does section 7 of the Criminal Code require a formal hearing before a transfer?

Canada (Federal), Canada

The following excerpt is from Forrest v. Canada (Solicitor General), 1998 CanLII 8606 (FC):

The applicant submits that in the circumstances of this case, s.7 demands a formal hearing before a transfer, to allow the applicant to question the credibility of those informing on him. It is well settled that fundamental justice does not generally require formal hearings before transfers in the prison system. In the words of Mr. Justice Strayer in Jamieson v. Canada (Commissioner of Corrections)13:

Other Questions


When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Does Section 2255 of the Criminal Code allow for collateral relief when all that is shown is a failure to comply with the formal requirements of a rule of criminal procedure? (MultiRegion, United States of America)
What are the requirements of Section 1951(a) of the Criminal Code requiring proof of a potential impact on interstate commerce? (MultiRegion, United States of America)
What is the test for subsection 2(3) of the Criminal Code of Canada section 5(6) of Section 7(2) of section 6(3)? (Canada (Federal), Canada)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)
Does Section 2254(e)(2) of the Criminal Code require additional evidence under section 2254 of the Civil Code to support a claim of sexual assault? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.