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The Federal Court struck Christopher Lill’s damages claim as an abuse of process and for no reasonable cause of action, because it re-litigated issues already decided in habeas corpus proceedings.
The court dismissed a habeas corpus application challenging an emergency transfer from Mission Institution to Kent Institution, finding the process fair and the decision reasonable.
The Court of Appeal dismissed an inmate’s habeas corpus appeal, finding the immediate transfer to medium security and later reclassification were lawful, reasonable, and procedurally fair.
The Federal Court partly allowed judicial review of CSC decisions on inmate security classification, transfer, and escape risk. The escape risk rating was set aside and remitted.
The Federal Court dismissed Joey Toutsaint’s application for a mandatory interlocutory injunction seeking transfer to the Regional Psychiatric Centre and related relief.
Habeas corpus was granted after the court found the institution had not shown why an immediate intra-institutional transfer under CD 710-2-4 was necessary.
The appeal is dismissed because the judge reasonably exercised his discretion on status review: the applicant failed to satisfy the precondition of grieving the transfer, the delays were attributable primarily to the applicant, the alleged CCRA breaches were not properly pleaded or supported by evidence, and subsequent transfers rendered the application moot.
Source excerpt
The court granted habeas corpus, holding that Justin Anderson’s maximum-security reclassification was unreasonable and unlawful, though disclosure and secrecy objections failed.
A B.C. Supreme Court granted habeas corpus after finding prison officials failed to justify withholding key surveillance video in a transfer to maximum security.
Habeas corpus application challenging transfer from Mission Institution to Kent Institution dismissed. The court found sufficient disclosure, adequate reasons, and a real basis for reclassification.
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