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Majority: Denial of reclassification/transfer did not constitute a deprivation of residual liberty because there was no change in conditions, no new or more restrictive detention and no acquired entitlement to minimum security; consequently habeas corpus was not available to challenge those denials; appeal dismissed.
Source excerpt
The court dismissed a habeas corpus application challenging an inmate’s transfer from medium to maximum security and related reclassification after institutional misconduct and drug-related intelligence.
The Federal Court set aside a grievance appeal decision because the Assistant Commissioner did not conduct the required independent de novo assessment of the inmate’s grievance.
The Federal Court allowed in part Christopher Lill’s judicial reviews, set aside the January 31, 2014 correctional decisions, and sent the matter back with instructions.
The Federal Court dismissed Arthur Ross’s judicial review of his involuntary transfer and maximum-security classification, finding the correctional decision reasonable and fair.
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