2 total
Application dismissed; alternative appeal and trial-court remedies made relief inappropriate.
An inmate applied for habeas corpus with certiorari in aid seeking release from segregation, quashing of disciplinary sanctions, and orders facilitating personal review of criminal disclosure while in pre-trial custody.
By the hearing, the segregation issue was moot.
The court granted leave to treat the due process complaint as judicial review, but declined certiorari because the applicant had an available appeal to the Minister under the correctional regulation.
The court also held that any alleged impairment of the applicant's ability to review disclosure and make full answer and defence should be addressed by the Ontario Court of Justice seized of the pending criminal trials.
The application was dismissed with no costs.
Habeas corpus declined where IRPA provides a complete immigration detention review scheme.
Four applicants sought habeas corpus with certiorari in aid, arguing that their continued immigration detention was unlawful.
The court held that it should decline habeas corpus jurisdiction because the Immigration and Refugee Protection Act and its regulations create a complete, comprehensive and expert scheme for detention review, with further judicial review available in the Federal Court.
Applying the Peiroo exception recognized in the habeas corpus jurisprudence, the court found the statutory process to be at least as broad and advantageous as superior court habeas corpus review in this context.
All applications were dismissed, and a post-hearing request to seal one applicant's record was also denied.
