Two African-Canadian federal inmates serving life sentences for second-degree murder challenged the cancellation of their Escorted Temporary Absences (ETAs) granted by the Parole Board of Canada.
The ETAs were cancelled following an internal misconduct hearing where the same correctional officer who investigated the alleged contraband incident also adjudicated the hearing.
The Crown brought a motion for summary dismissal, arguing that the cancellation of ETAs does not constitute a deprivation of liberty and therefore habeas corpus is unavailable.
The court dismissed the motion, finding that the respondents raised legitimate grounds for questioning the legality of their detention based on procedural fairness concerns and that the matter should proceed to a full hearing.
