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The court dismissed a habeas corpus application challenging an emergency involuntary transfer from Mountain to Kent, finding the inmate received adequate disclosure and no unfairness from delayed written reasons.
The Court upheld the lower court's exercise of discretion to decline habeas corpus jurisdiction because the Corrections and Conditional Release Act provides a complete, comprehensive and expert statutory review scheme for parole decisions such that, under May v. Ferndale, habeas corpus is inappropriate; accordingly the appeal is dismissed.
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The Court held that the habeas corpus application challenged administrative parole decisions and is civil in nature so Rule 90 applies (not Rule 91); accordingly the appeal must be treated as a civil appeal, the Registrar must close the criminal file CAC 352264, accept the October 4, 2011 civil notice of appeal and assign a civil CA number with time extended to December 16, 2011, and the inappropriate July 12, 2011 criminal notice and the October 6 notice are to be set aside/refused; issues about who must prepare and pay for the appeal record are to be resolved by the parties or by Chambers m…
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The Supreme Court of Canada dismissed an immigration appeal, holding that habeas corpus was unavailable to an appellant at liberty on bail and that s. 23 barred review of a properly conducted board decision.
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