The Supreme Court of Canada Allows Inmates to Challenge Denied Security Transfers

The Supreme Court of Canada has ruled on Friday that federal prisoners can use habeas corpus to challenge decisions denying them transfer to lower-security institutions, holding that such refusals can amount to a deprivation of liberty that courts must be able to review.

In its decision in Dorsey v. Canada involving inmate Ghassan Salah, the Court held that a qualitative approach to liberty is required. It is not enough to ask whether a prisoner’s formal security classification has changed. Judges must consider the real-world impact of confinement conditions and recognize that remaining in a more restrictive environment when a transfer to less restrictive conditions is in issue can engage liberty interests that are residual after incarceration.

Both appellants sought transfer f