Gaudet v. Marchand
- Citation
- [1994] 3 SCR 514
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 5 October 1994
- Posture
- Habeas Corpus (prerogative Writs) / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 5 October 1994
- Posture
- Habeas Corpus (prerogative Writs) / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Supreme Court dismissed the appeal because the lower courts correctly concluded there was no basis to grant habeas corpus or certiorari in aid in respect of the appellant's transfer to the special handling unit, and therefore no relief was warranted.
Court disposition
Appeal dismissed
Orders
- Appeal dismissed
02
Material facts
Parties
Ghislain Gaudet
Appellant Counsel: Christian Desrosiers; Michel MarchandLaval Marchand
Respondent Counsel: Richard Starck; Robert MarchiMichel Deslauriers
Respondent Counsel: Richard Starck; Robert MarchiMichel Gilbert
Respondent Counsel: Richard Starck; Robert MarchiIrving Kulik
Respondent Counsel: Richard Starck; Robert MarchiThe Attorney General of Canada
Mis En Cause Counsel: Richard Starck; Robert MarchiAmounts and remedies
- Case Number: 24,156
03
Procedural history
Posture
Habeas Corpus (prerogative Writs) / Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
04
Questions and positions
Legal issues
- 01
Whether the appellant's detention following transfer to a special handling unit was unlawful such that habeas corpus relief was warranted
- 02
Whether certiorari in aid was available to review the transfer decision
- 03
Whether the lower courts erred in dismissing the habeas corpus motion
Party arguments
- Applicant
- The appellant challenged his transfer to a special handling unit as unlawful and sought a writ of habeas corpus with certiorari in aid to secure his release or judicial review of the transfer.
- Respondent
- The respondents and the mis en cause contended the detention and transfer were lawful, that there was no basis for habeas corpus relief or certiorari in aid, and that the lower courts correctly dismissed the motion.
05
Court’s reasoning
Legal principles
- 01
Common law / Supreme Court jurisprudence
Habeas corpus is the summary remedy to challenge unlawful detention
- 02
Supreme Court of Canada (this judgment)
Appellate courts will not disturb findings where lower courts correctly applied law to the facts
06
Ratio, limits and disposition
Ratio decidendi
The Supreme Court dismissed the appeal because the lower courts correctly concluded there was no basis to grant habeas corpus or certiorari in aid in respect of the appellant's transfer to the special handling unit, and therefore no relief was warranted.
Court disposition
Appeal dismissed
- Appeal dismissed
Source and reliance status
Supreme Court of Canada · 5 October 1994
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 5 October 1994
Gaudet v. Marchand Collection Supreme Court Judgments Date 1994-10-05 Report [1994] 3 SCR 514 Case number 24156 Judges Lamer, Antonio; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank On appeal from Quebec Subjects Prerogative writs Notes SCC Case Information: 24156 Decision Content Gaudet v. Marchand, [1994] 3 S.C.R. 514 Ghislain Gaudet Appellant v. Laval Marchand, Michel Deslauriers, Michel Gilbert and Irving Kulik Respondents ès qualités and The Attorney General of Canada Mis en cause Indexed as: Gaudet v. Marchand File No.: 24156. 1994: October 5. Present: Lamer C.J. and L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ. on appeal from the court of appeal for quebec Prerogative writs ‑‑ Habeas corpus ‑‑ Inmate transferred to special handling unit ‑‑ Motion for writ of habeas corpus dismissed. APPEAL from a judgment of the Quebec Court of Appeal, J.E. 94‑857, R.J.P.Q. 94‑148, 23 W.C.B. (2d) 505, affirming a judgment of the Superior Court dismissing the appellant's motion for a writ of habeas corpus with certiorari in aid. Appeal dismissed. Christian Desrosiers and Michel Marchand, for the appellant. Richard Starck and Robert Marchi, for the respondents and the mis en cause. English version of the judgment of the Court delivered orally by //Lamer C.J.// Lamer C.J. ‑‑ We are all of the view, in agreement with Mr. Justice Rothman of the Court of Appeal of Quebec, to dismiss this appeal. The appeal is dismissed. Judgment accordingly. Solicitors for the appellant: Desrosiers, Turcotte, Groulx, Latulippe & Marchand, Montréal. Solicitors for the respondents and the mis en cause: John C. Tait, Ottawa.
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