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La Cour fédérale accueille le contrôle judiciaire de Christopher Lill, concluant que le décideur a omis d’examiner des éléments essentiels du grief et renvoie l’affaire.
The court granted habeas corpus after finding Mr. Bevan’s transfer to a more restrictive institution was ongoing and procedurally unfair.
The court dismissed a habeas corpus application challenging a proposed prison transfer, access to services, and lower-security placement, finding the claims outside habeas corpus scope.
The Federal Court dismissed Terry Thompson’s misfeasance claim, finding no collusion or unlawful intent in his transfer and no proof of compensable harm.
The Federal Court dismissed an inmate’s motion for an extension of time and leave to seek judicial review, finding unexplained delay and doubt that any reviewable transfer decision existed.
The appeal was dismissed as moot because the appellant had been transferred back to medium security before the extension of time and the lawfulness of his current detention must be determined by applying Khela principles to the present facts in the live habeas corpus proceeding rather than on the now‑academic record before the court on this appeal.
Source excerpt
Habeas corpus challenge to an involuntary prison transfer was dismissed as moot after the inmate was returned to minimum security; the court declined to decide the merits.
The court granted habeas corpus relief, finding Nguyen’s emergency transfer to maximum security unlawful because the disclosure and evidentiary basis were inadequate.
The Federal Court dismissed a judicial review of a refused prisoner-transfer request, holding that s. 6 of the Charter was not engaged, or alternatively was justified under s. 1.
The transfer decision was upheld because it was procedurally fair and founded on reliable evidence from the security information officer; the failure to use the correctional services reliability guideline did not invalidate the decision and the transfer was not unreasonable.
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