| The
issue in this appeal is whether, having regard to the role of habeas corpus
and the exclusive jurisdiction of the Federal Court of Canada under s18
of the Federal Court Act in respect of certiorari against any federal
board, commission or other tribunal, a provincial superior court has jurisdiction
by way of habeas corpus with certiorari in aid to determine the validity
of the confinement of an inmate of a federal penitentiary in a SHU, and
if such confinement be found unlawful, to order his release into association
with the general inmate population of the penitentiary. M had been involuntarily
transferred from a maximum-security penitentiary to the SHU on the basis
of allegations that he was involved in the murder of a fellow inmate.
After a criminal trial, M was acquitted of that murder. M filed an application
for habeas corpus with certiorari in aid to determine the validity of
his confinement in the SHU with the provincial superior court in Quebec.
The Superior Court judge who conducted the murder trial expressed the
opinion that the continued confinement of M in the SHU, despite his acquittal,
was without foundation and in violation of the rules of natural justice
and fairness. He dismissed the application for habeas corpus, however,
on the ground that the Superior Court lacked jurisdiction to issue certiorari
in aid of habeas corpus. The Quebec Court of Appeal dismissed M's appeal.
M appealed to the Supreme Court of Canada. |
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