When will a court review a decision by a prison to deprive an inmate of residual liberty?
British Columbia, Canada
The following excerpt is from Thilson v. Mountain Institution, 2011 BCSC 874 (CanLII):
When prison authorities decide to deprive an inmate of a residual liberty, their decision must be lawful. This means they must respect the legislation that gives them the authority to decide and they must respect guiding principles contained in that legislation. They must also respect common law rules of procedural fairness. May v. Ferndale Institution, 2005 SCC 82 [May], para 77. Prison authorities cannot make arbitrary decisions. Sometimes, a judge hearing the habeas corpus petition can review the decision to see if it is reasonable.
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