Is a Minister's decision to transfer an offender from Canada to Canada subject to judicial review on both administrative law and Charter grounds?

Thus, the Minister’s decision is subject to judicial review not only on administrative law grounds, but equally on Charter grounds in light of the fact his decision itself engages a Charter right. The reviewing court’s role is to determine whether the Minister considered the relevant facts and the relevant constitutionally defensible factors set out in the legislation, and reached a defensible conclusion based on those facts and those factors. This is primarily a form of administrative law review to be conducted in accordance with applicable administrative law standards, which of course remain informed by the Charter. This approach does not however change the applicable standard of review, which remains reasonableness. This standard of review does not minimize the protection afforded by the Charter, but rather recognizes that in the case of the international transfer of an offender, the proper assessment under subsection 6(1) of the Charter involves primarily a fact-based balancing test: see by analogy with extradition Lake v. Canada (Minister of Justice), supra at paras. 34 to 41.