The CCLA will appear as an intervenor before the Supreme Court of Canada in AGC v. Dorsey on May 5, 2025. This appeal concerns the scope of habeas corpus, often referred to as the great writ of liberty. Habeas is a way for a person deprived of their liberty by the state to challenge the legality of that deprivation.
The CCLA will make two submissions in this appeal. First, the type of deprivation that permits a habeas challenge should be broad and flexible. There should not be a rigid list of what can amount to a deprivation of liberty. Courts should examine each case on its own merits, with the underlying purpose of habeas in mind: to protect individuals from wrongful restraints on their liberty. Second, a decision by the state to continue restrictions on a prisoner’s liberty, where those restrictions are greater than reasonably available alternatives, should be open to habeas review.
You can read the CCLA’s factum here. We are grateful for the excellent pro bono representation of Nader Hasan and Dan Goudge in this case.
About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
For the Media
For further comments, please contact us at media@ccla.org.
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