This case concerns a motion by the Crown and the Ministry of Children, Community, and Social Services to summarily dismiss a habeas corpus application brought by a youth accused of murder, M.J. M.J. was initially detained in an open custody facility, then transferred to a secure facility to facilitate an in-person bail review.
After being released on bail, M.J. continued her habeas corpus application, seeking Charter costs and damages for alleged unlawful detention.
The court granted the summary dismissal, finding that habeas corpus is not available for a person no longer detained and that claims for Charter damages and compensation should be pursued in civil courts, not joined with criminal habeas corpus applications.
The court also declined to exercise its discretion to hear the moot application, emphasizing judicial economy and the proper function of criminal courts.
