Justin Morton, 20, was sent to Millhaven, a maximum security prison, from juvenile detention in November following a brief court hearing.

Court agreed with previous assessments that juvenile detention, where he has spent the last 5 1/2 years, could no longer offer Morton anything, and he should be transferred to adult prison. Morton did not object.

Mr. Justice James Blacklock agreed that Morton be sent directly to Millhaven, but suggested his stay in maximum security would be shortened from the usual two years. He was to be held in an assessment area, and transferred to a medium security prison as soon as possible, Blacklock ruled.

However, in that prison assessment, Corrections Canada officials concluded Morton was not a candidate for medium security and he was instead transferred to the general population at Millhaven, the victim's family has been told. He is eligible to apply for parole in 2010 after serving seven years.

The courts' opinion that he be sent to medium security was based on the time he has already spent in detention, and the assessments already conducted.

However, Corrections Canada officials have the final say, based on their own criteria.

"We certainly will give consideration to the views of the court, but at the end of the day, there are a lot of different criteria we need to look at," said corrections spokesperson Holly Knowles.

She would not discuss specifics about Morton's case, but said in general Corrections officials look at three main categories in determining which level of security a prisoner requires: their risk to the public, their flight risk, and the degree of supervision required, which is an overall look at an offender's behaviour, history and tendancy toward violence in an institution, according to Knowles.

Morton can be re-assessed at any time, if new information comes available.

On April 1, 2003 Morton used his own belt to choke to death classmate Eric Levack, 14, in the middle of the day in a wooded area near his Heart Lake Secondary School. He pleaded guilty and was sentenced as an adult to life in prison.

Levack's family was told the news of Morton's transfer Thursday.

"I'm in shock. It's a good shock, I guess," said Levack's mother, Debbie. "Every time it comes up, I relive it."

She expressed surprise at how quickly Morton was assessed and a decision made.

"I'm glad they've seen there's a lot more to this kid," she said.

After the original hearing she said she thought he should have been transferred to adult prison two years ago when he turned 18.

"Adult prison's going to be a whole lot different than juvenile. This is hard-core," she said.

She has vowed to work to keep him behind bars if he applies for parole.