Durack v. Saskatchewan
Penitentiary


(1990), 9 W.C.B. (2d) 334 (Sask.Q.B.)

    F applied for habeas corpus with certiorari in aid to review a transfer decision. F asked the court to quash the decision of a provincial correctional centre revoking an agreement between the federal and provincial governments to hold him in the provincial institution, despite the fact that he would otherwise be subject to a sentence in the penitentiary.
    Noble J. dismissed the application. Noble J. asserted that moving F from the general population of the provincial institution to the general population of the penitentiary did not amount to a deprivation of his "liberty" within the meaning of s7 of the Charter of Rights. Noble J. also contended that F had also not established that the actions of the correctional authorities in moving him, and the reasons given for that move, were illegal. In the absence of establishing that the actions were illegal, such administrative decisions were not subject to review by habeas corpus.
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