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

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