A federal inmate brought an application for habeas corpus with certiorari in aid seeking transfer from a maximum security institution back to a medium security facility following an involuntary transfer related to an inmate assault investigation.
The applicant alleged breaches of procedural fairness, inadequate disclosure under the Corrections and Conditional Release Act, and violations of section 7 of the Charter.
The court reviewed confidential sealed material relied upon by the warden and held that limited disclosure was justified under s. 27(3) of the CCRA to protect the safety of confidential sources.
The court concluded that the security reclassification and transfer decision were reasonable and lawful, and that the respondent satisfied its burden to justify the deprivation of liberty.
The habeas corpus application was therefore dismissed.