Court of Appeal for Ontario
Rosenberg, Armstrong and Rouleau JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Robin Moulton
Appellant
Counsel: John L. Hill, for the appellant Philippe Alma, for the respondent
Heard: January 20, 2011
On appeal from the judgment of Justice F. Graham of the Superior Court of Justice dated April 27, 2010.
APPEAL BOOK ENDORSEMENT
1We need not decide whether the refusal to transfer the offender from a medium security institution to a minimum security institution was a sufficient deprivation of a liberty interest to give rise to a right to invoke habeas corpus. The matter was not argued before us.
2We agree with the application judge that the appellant was treated fairly and there were ample reasons for the medium security designation. It was not unfair to treat membership in a criminal organization as a factor in deciding how the appellant’s security designation should be assessed.
3The appeal is dismissed.
