Habeas corpus is unavailable to challenge parole revocation if the inmate never acquired parolee status.
The appellant was granted day parole by the National Parole Board, conditional on his acceptance by a community residential centre.
Before his release, he committed disciplinary offences, leading the Board to delay and eventually annul his day parole.
The appellant applied for habeas corpus to challenge his continued detention.
The Supreme Court of Canada dismissed the appeal, holding that habeas corpus is only available to challenge the continuation of a deprivation of liberty if it becomes unlawful.
Because the appellant's parole was annulled before the prerequisite condition was fulfilled, he never acquired the status of a parolee, and his continued detention remained lawful.
