What constitutes deprivation of residual liberty?
British Columbia, Canada
The following excerpt is from Butler v. Matsqui Institution (Warden), 2012 BCSC 1326 (CanLII):
The decision of prison authorities to transfer an inmate to a more restrictive setting constitutes a deprivation of residual liberty and must be made in accordance with the governing statutes and the Charter of Rights and Freedoms. An unlawful deprivation of residual liberty will be set aside on an application in the nature of habeas corpus: May v. Ferndale Institution, 2005 SCC 82.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will a court review a decision by a prison to deprive an inmate of residual liberty? (British Columbia, Canada)
Does a deprivation of liberty, arising from an administrative decision in a correctional facility, constitute a civil proceeding? (British Columbia, Canada)
Does the deprivation of liberty experienced by a young offender as a result of his sentence as a youth offender violate the principles of fundamental justice? (British Columbia, Canada)
What constitutes deprivation of unpaid or underpaid labor? (British Columbia, Canada)
What is the test for the admissibility of constitutional reference materials in the context of constitutional references? (British Columbia, Canada)
What is the state’s position on civil liberties in the context of civil liberties? (British Columbia, Canada)
Is deprivation of liberty unlawful if it is made without jurisdiction or breach of procedural fairness? (British Columbia, Canada)
Does s. 50 of the Constitution apply to section 48 of the constitution? (British Columbia, Canada)
What are the requirements for a valid transfer before a trust can be constituted? (British Columbia, Canada)
Does a vehicle provided by an employer as a crew bus constitute an extension of the employer's premises? (British Columbia, Canada)
