The applicant, an inmate serving a sentence in administrative segregation at a maximum-security penitentiary in Ontario, applied for habeas corpus to prevent his involuntary transfer to the general population of a maximum-security penitentiary in British Columbia.
He argued the transfer would deprive him of his residual liberty by separating him from his family, medical support, and legal counsel.
The Superior Court of Justice dismissed the application, finding that a transfer from segregation to the general population within the same security classification does not constitute a deprivation of liberty.
Furthermore, the court held that the transfer decision was reasonable and lawful, as the correctional authorities had properly considered their statutory duties.