The Attorney General of Canada brought a motion to dismiss a habeas corpus application filed by an inmate serving an indeterminate sentence as a dangerous offender.
The inmate sought relief regarding his sentence and parole inadmissibility, alleging tainted evidence at his sentencing and Charter violations.
The court granted the motion and dismissed the application, finding it frivolous under Rule 6.11(2) of the Rules of Criminal Procedure because habeas corpus cannot be used to challenge parole inadmissibility or revisit sentencing issues, as these do not constitute an unlawful continued deprivation of liberty reviewable by this remedy.
