Court of Appeal for Ontario

CITATION: R. v. Moulton, 2011 ONCA 85

DATE: 20110131

DOCKET: C52468

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

[1] We 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.

[2] We 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.

[3] The appeal is dismissed.