While this list is not exhaustive, it does provide an indication of the kind of reasons that may appear on a transfer notice. However, another common reason you may be transferred is an assessed incompatibility with staff or guards. Unfortunately, this reason for transfer is often not officially documented by the CSC, and is therefore very difficult for you to respond to as you prepare a rebuttal.

One further important note about reasons for involuntary transfers is that often they are based on ‘security reasons,’ evidence of which may have come from a third party. The CSC frequently withholds the name of the informant, claiming it is necessary to ensure that person’s safety and to maintain the sanctity of the police-informant relationship. You should be aware of your right to challenge the withholding of this information if doing so means that you do not have sufficient information to effectively assess the reasonableness of the decision and make representations.

Emergency transfers can be either voluntary or involuntary. This type of transfer will only occur when there is an immediate risk to the public, staff, other prisoners, or you, yourself, that cannot be dealt with within the prison you’re in, and cannot be delayed in order to allow you your right to file a rebuttal to the transfer decision.¹⁴⁷

Unfortunately, sometimes an involuntary transfer is labelled an emergency transfer when it really is not. This means that all the procedural rules can be disregarded. These include your right to advance notice of the transfer, timely access to the information being used to justify the transfer, as well as your right to several types of responses which might result in stopping the transfer from taking place at all.

If this happens, you should contact a lawyer and/or the Correctional Investigator. As well, you should follow up with a 3rd level (national level) grievance if you’ve been transferred out of the region you were in. If the transfer is to a prison or hospital within the same region, you should follow up with a 2nd level (regional level) grievance.

How can I object to a decision to transfer me involuntarily?
Except in the case of an emergency transfer, when the decision is made to transfer you involuntarily, you must receive a Notice of Involuntary Transfer Recommendation at least two days before the transfer is to take place. (In the case of an emergency transfer, you still get the notice, but only after the fact.) The transfer notice informs you not only of the place to which the CSC proposes you be sent, but also the reasons for the transfer. You then have 48 hours to prepare your counter-arguments, and to present them either in writing or in person (your choice) to the warden.¹⁴⁸ If this is not enough time, you can apply for an extension of up to ten days.¹⁴⁹