So in analyzing that case, the Federal Court in essence overturned what the Minister of Public Safety had decided in denying a request. The court indicated:
Since the reasons articulated by the Minister were “contrary to the evidence and to the assessment and recommendations by his own Department,” Mr. Getkate's request for a transfer was referred back to the Minister for redetermination.
I have gone through this case. They talked about “clear and unambiguous evidence”, including from Correctional Services Canada. In analyzing this case, it's clear to me that if this is one of the decisions that the minister has taken into account--and I suggest to you it's the predominant decision taken into account when drafting this legislation--it's not an attempt to clear or clarify or prove the law. Rather, it's a clear attempt to circumvent the law and get around what the law actually is because the minister didn't like being told that you can't just do whatever you want and you have to actually be reasonable.
Would you agree with that assessment?