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A v W (2014)

  • Clayton Rice, Q.C.

In this case A was a prisoner at the Drumheller Penitentiary east of Calgary. The Warden made a decision to raise A’s security classification from medium to maximum security based upon an allegation that A was involved in a planned assault on another prisoner. The change in security classification triggered an involuntary emergency transfer to a maximum security prison. Mr Rice brought an application for an order of habeas corpus in the Court of Queen’s Bench at Calgary. An order of habeas corpus is an extraordinary remedy discussed in more detail in the case of M v W (2001). It was argued that the Warden breached the rules of procedural fairness by failing to give A an opportunity to make representations before the transfer. The information that was provided to A was insufficient and illegible. The chambers judge held that the Warden failed to comply with the mandatory procedural requirements of the Corrections and Conditional Release Regulations and the duty of fairness under s 27(1) of the Corrections and Conditional Release Act. The order of habeas corpus was granted and the security reclassification and involuntary transfer were set aside.

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