Habeas corpus where detention lawful

Applications for habeas corpus are rare in Canada and, when brought, usually involve some claim that a detention is unlawful.

Today's Court of Appeal decision in Dodd v. Warden of Isabel McNeill House, 2008 ONCA 654 considers the law as relates to habeas corpus where the detention under review is lawful.

The Court holds:

[6]               An applicant who is lawfully in custody and who is seeking relief by way of habeas corpus from an order transferring that applicant to another institution must demonstrate that the transfer would amount to a substantial change in the applicant's conditions of incarceration, thereby resulting in a deprivation of a residual liberty interest.  If the appellant succeeds in showing that deprivation the onus moves to the jailer to demonstrate that the transfer is lawful. 
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4