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3h ago

Supreme Court of Canada Lets Inmates Use Habeas Corpus to Contest Transfer Denials

The decision shifts review of denied reclassifications from a years-long grievance process to quick hearings in superior courts.

The Supreme Court of Canada says judges can review a refusal to move a federal inmate to a lower security prison.
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Overview

  • In a 6–3 ruling, the Court held that refusing a move to a less restrictive facility can unlawfully deprive a prisoner’s residual liberty.
  • The decision overturns Ontario rulings that limited challenges to the Correctional Service of Canada grievance process and Federal Court review.
  • Prisoners may now seek habeas review in provincial superior courts within weeks, with the state required to justify the detention once legitimate grounds are raised, and the majority said this should not open the floodgates.
  • The case stemmed from Frank Dorsey and Ghassan Salah, and the Court directed that their applications proceed on the merits despite later transfers to minimum security.
  • The Correctional Service of Canada said it is reviewing the judgment and emphasized public and institutional safety in placements, while advocates say faster scrutiny could help expose racial disparities.