Can an application for habeas corpus with certiorari in aid succeed?

British Columbia, Canada


The following excerpt is from Khela v. Mission Institution (Warden), 2011 BCSC 577 (CanLII):

I conclude that the application for habeas corpus with certiorari in aid must fail. There is no doubt that decisions taken which have an impact on the conditions under which and the institutions in which offenders such as the applicant must serve their sentences must be procedurally fair, free from the taint of arbitrariness and observant of the rules of natural justice. At the same time, it must be recognized that the administration of institutions housing inmates who have committed serious offences and who are serving lengthy sentences requires those in authority to be able to act decisively when issues involving the safety of those under their charge or in their employ are raised by plausible sources of information. In Bachynski v. William Head Institution, [1995] B.C.J. No. 1715 (S.C.) Mr. Justice Bouck held as follows at para. 36: Prison authorities must act on the best information available. Sometimes it is unreliable and an individual inmate is wrongly charged or wrongly transferred. But given the nature of the inmate population and the necessity of preserving order there is often no other alternative. If a dangerous person is allowed to remain in the general prison population of a medium security institution, it is the other prisoners and staff who suffer the consequences because they have no place else to go.

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