The applicant, a dangerous offender serving an indeterminate sentence, brought a habeas corpus application alleging that Correctional Service Canada (CSC) failed to provide him with sufficient rehabilitation opportunities, thereby violating his liberty by depriving him of the chance to obtain a lower security level or parole.
He sought unconditional release or, alternatively, transfer to a minimum-security institution.
The court dismissed the application, finding that many of the applicant's arguments challenged the Parole Board's decisions, which fall within its exclusive jurisdiction.
Furthermore, even if CSC programming issues were outside the Parole Board's jurisdiction, the applicant failed to demonstrate a deprivation of residual liberty, as merely losing an opportunity for greater liberty or a transfer to a less restrictive environment does not constitute such a deprivation for habeas corpus purposes.
The court concluded there was no basis to find his detention unlawful.
