Federal Court Justice Michael Kelen's ruling could force Day to be more liberal on transfers, Canwest News Service reports. Under the previous Liberal government, almost every request for transfer was granted.

Kelen called the denial of Arend Getkate's application "wholly unreasonable." Getkate, 25, began serving a 30-year sentence in Georgia five years ago for aggravated child molestation.

"Use of the phrase 'threat to the security of Canada' has traditionally been limited in other legislation to threats of general terrorism and warfare against Canada or threats to the security of Canadians en masse," Kelen said in a decision released Thursday.

The Canadian Prison Service and U.S. prison officials have approved the transfer. Canadian officials say that Getkate, who moved to the United States in 1996 with his mother, has a strong support system in Canada.