The appellants, female inmates at a minimum-security penitentiary scheduled for closure, were ordered transferred to a multi-level institution.
They applied for a writ of habeas corpus to prevent the transfer.
The application judge adjourned the matter but stated there would be no deprivation of liberty, effectively refusing the writ.
The Court of Appeal held this constituted a refusal, granting a right of appeal.
The Court found the appellants met the threshold of probable and reasonable grounds that the transfer would constitute unlawful detention, allowed the appeal, and ordered the writ to issue while keeping the appellants at their current institution pending the return of the writ.
