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Appeals from the dismissal of habeas corpus applications following parole revocation were dismissed.
The appellant appealed the dismissal of his applications for a writ of habeas corpus following the revocation of his parole.
The Supreme Court of Canada dismissed the appeals without costs, adopting the reasons of the lower court judges.
Provincial superior courts have jurisdiction to issue habeas corpus challenging federal penitentiary segregation conditions.
The appellant, a federal inmate, was placed in a special handling unit after being charged with the murder of a fellow inmate.
Despite his subsequent acquittal, he remained in segregation and his request to transfer to a medium-security institution was denied.
He applied to the provincial superior court for a writ of habeas corpus.
The lower courts dismissed the application, holding that the Federal Court had exclusive jurisdiction over the matter.
The Supreme Court of Canada allowed the appeal, ruling that provincial superior courts have jurisdiction to issue habeas corpus to determine the validity of a distinct form of confinement in a federal penitentiary, notwithstanding the Federal Court's concurrent certiorari jurisdiction.
