The applicants, who had been found unfit to stand trial, sought habeas corpus with mandamus compelling their transfer from jail to a psychiatric hospital pursuant to orders made under s. 672.46(2) of the Criminal Code.
They argued that continued detention in jail while awaiting a hospital bed violated ss. 7 and 9 of the Charter and that the responsible authorities had failed to comply with the underlying court orders.
The court held that the detention was lawful because the original orders expressly authorized custody in jail until a hospital bed became reasonably available.
The applicants had also been returned to court as required when no bed was available, meaning the orders had largely been complied with.
As a result, neither habeas corpus nor mandamus was available, and the Charter claims were rejected.
