Case information

Constitutional law — Charter of Rights, s. 10(c) — Habeas corpus — Saskatchewan Court of Queen’s Bench dismissing an application for a writ of habeas corpus for alleged detention of the applicant’s friend, the friend’s daughters, and one other — Whether the Court of Appeal for Saskatchewan acted in bad faith — Whether the courts erred in dismissing the application for habeas corpus — Whether the Court of Appeal erred in using its discretion not to admit fresh evidence of conspiracy — Whether the Court of Appeal erred in using its discretion not to hear the constitutional question.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant brought an application for habeas corpus in relation to the allegedly wrongful detention of his business associates R and R’s adult daughter K, R’s younger daughter and one other person. He included various claims against a large number of respondents. The Saskatchewan Court of Queen’s Bench dismissed his application to dispense with service to the respondents. Although service had not been made, the chambers judge went on to dismiss the applicant’s application for habeas corpus on the bases that it had not been properly served; the applicant lacked standing; the relief sought was beyond the scope of habeas corpus; the criteria for habeas corpus had not been met and the application was moot; and the evidence did not establish any of the four individuals had had an unlawful deprivation of their liberty. An appeal to the Court of Appeal for Saskatchewan was dismissed.