June 8, 2000

R. v. Billiouras, 2000 CanLII 27005 (ON CA)

Case Summary

The appellant sought habeas corpus relief arising from a parole-related matter. The Court of Appeal held that habeas corpus is a discretionary remedy and found no reviewable error in the application judge's exercise of discretion. The court further held that the Parole Board Appeal Tribunal could grant the remedy sought without considering the Charter. The appeal was dismissed.

R. v. Billiouras

Date: 2000-06-08

Jodi C. Whyte, for the applicant;

Monica M.C. Heine, for the respondent.

(Court File No. 33689)

1By the Court: Habeas corpus is a discretionary remedy. We see no reviewable error in the exercise of discretion of the application judge McLeod, J. In our view the Parole Board Appeal Tribunal could grant the appellant the remedy he seeks without considering the Charter. The appeal is therefore dismissed.

Appeal dismissed.