The applicant, a refugee claimant, sought a writ of habeas corpus to be released from immigration detention after being held for 17 months.
The detention was based on a series of alleged breaches of release conditions that were either inadvertent or based on errors by police and immigration authorities.
The Superior Court of Justice granted the application, finding that the continued detention lacked a valid purpose, was arbitrary, and violated the principles of fundamental justice under sections 7 and 9 of the Charter.
The court held that the Immigration Division's deference to the Canada Border Services Agency in determining breaches constituted procedural unfairness.