Law360 Canada ( October 4, 2018, 8:55 AM EDT) -- Appeal by Toure from the dismissal of his habeas corpus application. Cross-appeal by the Minister from the judge’s decision finding that Toure’s detention in a maximum security jail was cruel and unusual and ordering his transfer to an immigration detention center. Toure’s immigration claim was denied in 2012. He failed to report for a required interview resulting in his arrest and his detention in 2013. He was found to be a flight risk and his continued detention was ordered. Attempts were made to remove Toure to Guinea, but Guinean authorities found that his Guinean birth certificate was fraudulent and refused him entry. On his return to Canada he continued to proclaim that his citizenship was Guinean. Since his return to Canada in April 2013, Toure had been detained in a maximum security jail rather than an immigration detention centre because he posed a flight risk. The application judge found Toure had not satisfied the criteria that his detention, although lengthy, was of uncertain duration. He found Toure had failed to raise a legitimate ground upon which to question the legality of his detention and there was no foundation to assume jurisdiction. The judge found, however, that his continued detention in a maximum security facility constituted cruel and unusual punishment....