The applicants, federal inmates, applied for habeas corpus seeking transfers to minimum-security institutions.
The respondent, the Attorney General of Canada, brought a motion under Rule 2.1.01 of the Rules of Civil Procedure to summarily dismiss the applications as frivolous, arguing that a refusal to transfer to a lower security classification does not constitute a deprivation of liberty.
The court dismissed the motion, noting that jurisprudence is divided on whether such a refusal amounts to a deprivation of liberty, and therefore the applications were not clearly frivolous or abusive on their face.
