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The court certified a proposed class action challenging CSC medical isolation conditions during COVID-19, finding systemic negligence and Charter claims could proceed.
The court dismissed the habeas application because the respondent met the burden to show the restriction of the applicant's residual liberty was lawful, reasonable and procedurally fair given the applicant's security risk, disciplinary history and applicable public health directives; deference to facility management was appropriate.
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The court certified a proposed class action over solitary confinement in B.C. corrections, subject to narrowing the class definition and revising the common issues.
The appeal is allowed because the appellant was denied procedural fairness: the chambers judge summarily dismissed the habeas application as moot despite a continuing deprivation of liberty, then solicited and relied upon additional undisclosed materials without giving the applicant notice or opportunity to respond; further, the judge erred by creating a non‑evidenced presumption of fairness for provincial prisons. The lower decisions and order are set aside.
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Appeal in part allowed in a Charter challenge to federal administrative segregation. The court upheld limits on prolonged segregation and internal review, but rejected the s. 15 invalidity findings.
The court dismissed the habeas application because the documented pattern of assaultive and threatening behaviour, supported by multiple disciplinary reports and recent incidents, made placement in CCU reasonable and authorized by law and institutional policies; therefore the institutional decision was defensible and not unlawful.
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The Court considered a constitutional challenge to federal administrative segregation, focusing on prolonged isolation, mental health harms, procedural fairness, and equality rights.
The court dismissed post-conviction stay applications alleging police misconduct and prolonged solitary confinement, holding the claimed abuse of process would not justify a stay.
The Court upheld the application judge: although some procedural steps were imperfect, the overall process afforded the appellant sufficient notice and opportunity to respond, the Crown met its onus and the continued administrative segregation was lawful given credible safety and security risks; therefore the habeas corpus writ was properly refused.
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The Minister's decision was reasonable because the applicant failed to present evidence establishing a serious risk of torture from solitary confinement or sexual assault, and the Arkansas Department of Corrections material provided a sufficient basis for extradition without assurances.
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