The court allowed the applicant’s habeas corpus application and thereby ordered the applicant to be transferred back to his previous medium-security facility. A writ of habeas corpus is issued as of right where the applicant establishes there is cause to doubt the lawful nature of his detention. The respondents conceded that the transfer to a higher security level institution constituted a deprivation of residual liberty, and thus the onus rested with the respondents to demonstrate the legality of their decision to transfer the applicant. The respondents failed to prove that the statutory and common law standards of procedural fairness, and in particular, the obligation to make full disclosure to the plaintiff, were met in regard to the transfer decision.

Administrative law – Decisions of administrative tribunals – Prisons – Transfer of inmates – Remedies – Habeas corpus – Statutory provisions – Judicial review – Evidence – Disclosure – Procedural requirements and fairness – Compliance with legislation – Jurisdiction Khela v. Mission Institution, [2010] B.C.J. No 971, 2010 BCSC 721, British Columbia Supreme Court, May ...