EXTRAORDINARY REMEDIES - Habeas corpus - Habeas corpus with certiorari in aid

Law360 Canada ( November 21, 2025, 12:29 PM EST) -- Appeal by appellants from a judgment of the Ontario Court of Appeal which upheld a judgment concluding that a refusal to reclassify an inmate to a lower-security institution did not constitute a deprivation of residual liberty. The appellants were incarcerated in a medium-security facility. They each applied for a transfer to a minimum-security institution but were denied. Both appellants filed applications for habeas corpus ad subjiciendum with certiorari in aid. Although they did not bring their applications under the Canadian Charter of Rights and Freedoms (Charter), they alleged that their continued classification engaged their Charter rights. On consent, the appellants’ applications were joined. The sole issue was whether habeas corpus was available as a remedy to the appellants. The application judge concluded that habeas corpus was not available to the appellants because the reclassification denials were not deprivations of their residual liberty. The majority of the Court of Appeal dismissed the appeal. At the time of the appeal before the Court, both appellants had been reclassified and transferred to minimum-security facilities....
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