René Barkley v. Don Head, et al.

(Quebec) (Civil) (By Leave)




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Canadian Charter of Rights and Freedoms – Prisons – Prerogative writ – Habeas corpus – Residual liberty – Deprivation of liberty – No substantial change in conditions of detention – Whether judges below erred in finding that applicant had not suffered loss of residual liberty – Whether applicant was afforded fair process pursuant to s. 7 of Charter.

René Barkley, who was found to be a dangerous offender on November 12, 2003, submitted a third application for habeas corpus to the Superior Court. He challenged the assessment of his security classification prepared during the 2013 annual review, as confirmed by the warden of the maximum security penitentiary, which determined that he met the maximum security criteria. Based on his own assessment, he believed that he deserved a lower security classification, which would allow him to be in a minimum security institution.

Lower Court Rulings

October 17, 2014
Superior Court of Quebec

2014 QCCS 5718, 650-36-000257-143
Application for habeas corpus dismissed at stage of issuing writ
November 5, 2014
Court of Appeal of Quebec (Québec)

See file
December 12, 2014
Court of Appeal of Quebec (Québec)

200-10-003087-140, 2014 QCCA 2268
Appeal dismissed