Court of Appeal for Ontario

Date: 2025-06-04
Docket: COA-23-CR-1384

Before: Fairburn A.C.J.O., Roberts and Madsen JJ.A.

Between

His Majesty the King
Respondent

and

M.J.
Appellant

Appearances:
Kevin W. Gray, for the appellant
Mimi Singh, for the respondent

Heard and released orally: May 28, 2025

On appeal from the order of Justice Suhail A.Q. Akhtar of the Superior Court of Justice, dated November 29, 2023, with reasons reported at 2024 ONSC 138.

Reasons for Decision

[1] The appellant faced a charge of second-degree murder. She was detained pending trial. She brought a habeas corpus application seeking Charter remedies for damages following her transfer between facilities. The factual foundation is set out in the application judge’s decision.

[2] The appellant was released on bail prior to the hearing of the application. The application judge determined that the matter had been rendered moot given she had already been released from detention. Accordingly, the application was dismissed.

[3] This is an appeal from that decision. The appellant argues that the application judge erred in concluding that the matter was moot, asserting that the judge adopted an overly narrow view of habeas corpus. Specifically, the appellant maintains that this remedy remains available even after one’s liberty interest has been restored.

[4] We see no error in the application judge’s conclusion to the contrary, which he carefully explained within the context and history of this matter.

[5] Accordingly, the appeal is dismissed.

“Fairburn A.C.J.O.”
“L.B. Roberts J.A.”
“L. Madsen J.A.”

Publication Ban

[1] This appeal is subject to a publication ban pursuant to s. 110 of the Youth Criminal Justice Act, S.C. 2022, c. 1.