June 8, 2000

R. v. Billiouras, 2000 ONCA 27005

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.

Court of Appeal for Ontario

R. v. Billiouras

Date: 2000-06-08

Jodi C. Whyte, for the applicant;

Monica M.C. Heine, for the respondent.

(Court File No. 33689)

[1] By 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.

Counsel

Respondent
MMonica M.C. Heine
Applicant

J

Jodi C. Whyte

Parties

R.respondent
Billiourasapplicant

Areas of Law

Criminal and Quasi-Criminal Law

Fact Patterns

habeas corpus applicationparole board remedycharter argument

Issues

Whether the application judge made a reviewable error in refusing habeas corpus relief→ dismissed — no reviewable error found