Prisoners can appear before judge to challenge security classification: Supreme Court

The flag of the Supreme Court of Canada flies on the east flagpole in Ottawa on Monday, Nov. 28, 2022. THE CANADIAN PRESS/Sean Kilpatrick (Sean Kilpatrick)

OTTAWA — The Supreme Court of Canada says a federal prisoner can challenge a refusal to reclassify them to a lower-security facility through a habeas corpus hearing before a judge to determine if a detention is lawful.

In a 6-3 ruling today, the top court says continuing a more restrictive form of confinement, instead of placing an inmate in a lower security facility, results in a deprivation of their remaining freedom.

The court says broad and effective access to habeas corpus is critical for those who suffer unlawful and continued deprivation of their liberty and seek to challenge the legality of their confinement.

The decision comes in the jointly heard cases of two men who argued they were unfairly denied access to habeas corpus when contesting classification decisions while being held at medium-security prisons.

Frank Dorsey had been designated a dangerous offender and received an indeterminate sentence, while Ghassan Salah was serving concurrent life sentences.

In 2019, each applied for a transfer to a minimum-security institution.

This report by The Canadian Press was first published Nov. 21, 2025.

Jim Bronskill, The Canadian Press