Case information

Courts — Jurisdiction — Habeas corpus — Peiroo exception granting provincial superior courts discretion to decline habeas corpus jurisdiction — Constitutionality of Peiroo exception — How can the Peiroo exception be reconciled with s. 10(c) of the Canadian Charter of Rights and Freedoms?

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The applicant, Jean Richer, was convicted of first-degree murder and sentenced to life in prison, in 1990, without the possibility of parole for 25 years. He was granted day parole, which was subsequently revoked by the Parole Board of Canada. After an unsuccessful appeal of the revocation decision, the applicant applied to the Court of King’s Bench for Saskatchewan for habeas corpus with certiorari in aid. He sought an order releasing him from the penitentiary, with or without conditions. After reviewing the procedures found in the Corrections and Conditional Release Act, S.C. 1992, c. 20, and the Saskatchewan jurisprudence that addressed habeas corpus in similar situations, the chambers judge declined jurisdiction and dismissed the application. The Court of Appeal for Saskatchewan dismissed the applicant’s appeal finding that the statutory scheme applicable in this case, including the appeal to the Parole Board of Canada’s Appeal Division and the potential for further judicial review, satisfied the criteria for the Peiroo exception.