An incarcerated dangerous offender sought habeas corpus with certiorari seeking unconditional release, arguing his continued detention violated ss. 7, 9, and 12 of the Charter after completing treatment programs and serving more than a decade in custody.
The applicant asserted the parole system relied excessively on static risk factors and that only habeas corpus could provide unconditional release.
The respondents argued that the Corrections and Conditional Release Act establishes a comprehensive statutory review scheme through the Parole Board and federal courts.
The court held that where such a comprehensive expert scheme exists, a provincial superior court should decline habeas corpus jurisdiction.
In any event, the applicant’s indeterminate sentence remained lawful and constitutionally valid.
