The principles of fundamental justice require an independent
review of the decision to segregate
 The principles of fundamental justice are the basic principles of our judicial system and legal process. They are found in
the basic tenets of our legal system. See Reference re Motor Vehicle Act (British Columbia) S 94(2),  2 S.C.R. 486, 
S.C.J. No. 73, at paras. 28-40.
 The principles of fundamental justice are not defined in
the abstract. They must be interpreted in the context of the
alleged infringement. See Chiarelli v. Canada (Ministry of
Employment and Immigration),  1 S.C.R. 711, 
S.C.J. No. 27, at p. 732 S.C.R.
 The principles of fundamental justice are about the basic
values underpinning our constitutional order. See Canada
(Attorney General) v. Bedford,  3 S.C.R. 1101,  S.C.J.
No. 72, 2013 SCC 72, at para. 96.
Insulating the administrative segregation decision-maker
from meaningful review is arbitrary
 One basic value is against arbitrariness in legislative
schemes requiring administrative decision making. Arbitrariness describes a situation where there is no connection between
the effect of the law and the purpose of the law. See Canada
(Attorney General) v. Bedford, supra, at para. 96.
 The effect of the sections of the Corrections and Conditional Release Act, with which this application is concerned, is
the insulation of the decision maker from meaningful review.
Specifically, s. 33(1) of the Corrections and Conditional Release
Act provides that, where the institutional head has involuntarily confined an inmate in administrative segregation, a person designated by the institutional head shall conduct a review
and may recommend to the institutional head whether or
not to release the inmate. Procedurally, the institutional head
is the final institutional decision-maker concerning decisions to
admit to or release an inmate from administrative segregation
during the relevant time and is not bound to accept the
 The purpose of administrative segregation is the preservation of the safety of people working in the penitentiary,
inmates housed there and the integrity of ongoing serious
investigations. See s. 31(1) of the Corrections and Conditional
 Insulating the administrative segregation decision-maker from meaningful review does not advance this legislative