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The petition was dismissed at the first stage because, applying Dorsey (2025 SCC 38), the restriction of access to laptops and electronic legal materials in the institutional policy does not amount to a residual deprivation of liberty and the applicant therefore failed to meet the threshold for habeas corpus review.
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The Tribunal dismissed Mr. Benji’s motion to amend his Statement of Particulars, finding the addendum allegations lacked a nexus to the Commission’s referral.
The Federal Court dismissed an appeal from an order striking a self-represented inmate’s claim without leave to amend, finding no reviewable error in the pleadings or remedies sought.
La Cour fédérale accorde une demande de procès sommaire, rejette l’action de Serge Ewonde et lui impose des dépens de 1 000 $ après l’absence de preuve de sa part.
The court exercised its residual discretion under Rule 2.03(1)(c) and, applying the flexible multifactor test, found the applicant had a bona fide continuing intention, provided a reasonable explanation tied to incarceration, administrative error and reliance on ministerial intervention, and that denying the extension would prejudice the applicant while the respondent showed no significant prejudice; accordingly justice required extending the filing period to January 31, 2022.
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The application is dismissed because the respondent's affidavit and video review established the applicant received at least two hours out-of-cell per day and any temporary restrictions on yard and telephone access were lawful, reasonable, made in good faith and justified by urgent construction and COVID-related staffing/training shortages; the period in issue was also effectively moot.
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The Federal Court set aside a CSC grievance decision that treated a PlayStation One memory card as a prohibited mass storage device and ordered it returned.
Where a provincial correctional facility relies on confidential privileged information as a material basis for depriving an inmate of residual liberty, the court should be provided the confidential information in a sealed affidavit so it can meaningfully review reasonableness; after review of the sealed affidavit the court found the placement of Lambert on North 4 reasonable and lawful and dismissed the habeas corpus application.
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After jury convictions for aggravated assault and assault with a weapon, the court imposed a three-year concurrent jail sentence, with ancillary orders and custody credit.
The court held the respondents had jurisdiction and, based on credible evidence of the December 2 incident, weapons searches, staffing shortages and work refusals, the decision to place and retain the applicants on West 4 IDR rotation was lawful and reasonable and did not breach procedural fairness; Cox's application was moot in respect of West 4; therefore the habeas corpus applications were dismissed.
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