A self‑represented immigration detainee brought a habeas corpus application challenging the legality of his ongoing detention under the Immigration and Refugee Protection Act and alleging restricted access to legal resources while held in a provincial correctional institution.
The respondents argued the matter was res judicata and that the Superior Court should decline jurisdiction because the Federal Court provides a comprehensive statutory review scheme for immigration detention decisions.
The court held the res judicata argument was not established on the record.
However, it found the evidentiary record insufficient to determine whether the applicant had a meaningful remedy available through Federal Court judicial review.
The court therefore reserved its decision on jurisdiction and the merits and adjourned the application to allow the applicant to attempt to pursue remedies in Federal Court and obtain legal resources.
