Application by public interest advocacy groups for leave to intervene as amicus curiae in an appeal from decision dismissing involuntarily detained patient’s habeas corpus application

22. July 2014 0
Administrative law – Hearings – Parties – Judicial review – Application for intervenor status – Adult in need of protection – Charter of Rights and Freedoms – Remedies – Habeas corpus P.S. v. Ontario, [2014] O.J. No. 2853, 2014 ONCA 160, Ontario Court of Appeal, February 28, 2014, J.I. Laskin J.A. The appellant was involuntarily detained at ...

The appellant warden of Mission Institution was unsuccessful in her appeal of a chambers decision which ordered that the respondent inmate be returned from Kent Institution to Mission Institution

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Prison warden – Prisons – Transfer of inmates – Judicial review –  Investigations – Disclosure – Test – Procedural requirements and fairness – Remedies – Habeas corpus – Certiorari Khela v. Mission Institution, [2011] B.C.J. No. 2111, 2011 BCCA 450, British Columbia Court of Appeal, November 9, 2011, ...

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.

27. July 2010 0
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 ...

The Court of Appeal allowed the appeal of the National Parole Board from the inmate’s successful habeas corpus application in respect of the Board’s process. The Supreme Court erred in hearing the habeas corpus application because the Board’s statutory appeal process had not been exhausted.

22. July 2008 0
Administrative law – National Parole Board hearings – Remedies – Habeas corpus – Judicial review – Disclosure – Procedural requirements and fairness L.R.F. v. Canada (National Parole Board), [2008] N.S.J. No. 252, Nova Scotia Court of Appeal, June 18, 2008, N.J. Bateman, L.L. Oland and J.E. Fichaud JJ.A L.R.F. (the “Offender”) was convicted of several ...

The Supreme Court of Canada held that federal inmates were entitled to challenge the legality of a decision transferring the inmates from minimum to medium security in a provincial court by way of habeas corpus. In this case, the Court held that habeas corpus should be granted as the Correctional Service of Canada (“CSC”) failed to disclose the scoring matrix for the Security Classification Rating tool upon which the transfer decision had been based.

28. February 2006 0
Administrative law – Prisons – Transfer of inmates – Remedies – Habeas corpus – Judicial review – Procedural requirements and fairness – Jurisdiction May v. Ferndale Institution, [2005] S.C.J. No. 84, Supreme Court of Canada, December 22, 2005, McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ. The appellant inmates were prisoners serving ...

The court declined to exercise its habeas corpus jurisdiction upon an application by an inmate in administrative segregation on the grounds that there were other alternative means by which the Applicant may have contested his detention

23. November 2004 0
Administrative law – Prisons – Discipline of inmates – Remedies – Habeas corpus – Alternative remedies Condo v. Bath Institution, [2004] O.J. No. 3760, Ontario Superior Court of Justice, September 14, 2004, Polowin J. The Applicant was serving a five-year prison sentence in a medium security institution. He had been placed in administrative segregation, pursuant to ...

An inmate in a federal institution was unsuccessful on an appeal of a decision of a Supreme Court judge, dismissing an application for a writ of habeas corpus for lack of jurisdiction

25. March 2003 0
Administrative law – Prisons – Transfer of inmates – Statutory provisions – Remedies – Habeas corpus – Jurisdiction of court Hickey v. Kent Institution, [2003] B.C.J. No. 61, British Columbia Court of Appeal, January 16, 2003, Rowles, Ryan and Saunders JJ.A. The appellant, an inmate in a federal institution, made application to a judge of the Supreme ...

An inmate (“Smith”) at the Fort Saskatchewan Correctional Centre (“FSCC”) succeeded in his application for judicial review of a decision by the Disciplinary Board which found that he had violated regulations by consuming marijuana. The court held that the Board’s failure to allow Smith to be represented by counsel was a breach of the principles of natural justice as the charge had serious consequences, was complex and Smith did not have sufficient capacity to properly represent himself at the hearing.

28. January 2003 0
Administrative law – Prisons – Discipline of inmates – Use of narcotics – Judicial review application – Right to legal counsel – Natural justice – Remedies – Habeas corpus – Standard of review – Correctness Smith v. Fort Saskatchewan Correctional Centre, [2002] A.J. No. 1472, Alberta Court of Queen’s Bench, November 28, 2002, Clackson J. Smith was an ...