Kevin W. Gray

The appellant, M.J., appealed the dismissal of her habeas corpus application seeking Charter remedies for damages following her transfer between detention facilities while facing a charge of second-degree murder.

The application judge found the matter moot as M.J. had been released on bail prior to the hearing.

The Court of Appeal found no error in the application judge’s conclusion and dismissed the appeal.

The applicant brought an application under s. 680 of the Criminal Code to set aside a detention order.

Because a non-publication order under s. 517 of the Criminal Code was imposed at the bail hearing, and the decision contains information covered by that order, the Court of Appeal withheld the publication of its reasons until the ban ceases to be in effect.