A young person appealed the dismissal of a habeas corpus application challenging repeated administrative renewals of a transfer from open custody to secure custody under the Young Offenders Act.
The majority held that, in Ontario, where custody level is judicially determined, the Provincial Director's authority under s. 24.2(9) permits only a temporary 15-day interference unless the young person is returned to open custody and fresh grounds arising there justify a new transfer.
Continuous renewals while the young person remained in secure custody were found to impermissibly subvert the original judicial order for open custody.
The appeal was allowed notwithstanding mootness concerns because the disposition had already been served.
