What is the test for habeas corpus to challenge a decision not to transfer an inmate from a maximum security facility to a medium security facility?

Ontario, Canada


The following excerpt is from Moldovan v. Canada (Attorney General), 2012 ONSC 2682 (CanLII):

In Skulsh v. Katz, 2102 BCSC 350, the applicant brought a habeas corpus application to challenge a refusal to transfer him from a maximum security facility to a medium security facility. He also sought a declaration that he had not been provided with proper programming and an order “pursuant to s. 24(1) of the Charter and the general writ of habeas corpus” that he be provided with an appropriate correctional plan. For reasons that need not be canvassed here, the transfer issue became moot. In the application judge’s opinion, the basis for granting the other relief disappeared at that point. In her view, that is, habeas corpus was not available to challenge the content of the applicant’s correctional plan. (iii) Framing the application under s. 24(1) of the Charter

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