The applicant sought a writ of habeas corpus with certiorari in aid to challenge a correctional decision maintaining his medium-security classification and denying transfer to a minimum-security institution.
He argued that reliance on institutional incidents and his continued association with a motorcycle club violated his Charter rights and rendered the decision unlawful.
The court held that habeas corpus requires a deprivation of liberty, and the applicant’s circumstances involved no change in the nature or conditions of his detention.
The security classification decision therefore did not constitute a deprivation of residual liberty reviewable through habeas corpus.
In any event, the court found the decision reasonable and supported by evidence of continued association with a security threat group.
