Supreme Court of Nova Scotia
Citation: Nodrick v. Canada (Correctional Service), 2014 NSSC 93
Date: 20140204
Docket: Amh No. 422425
Registry: Amherst
Between:
Shawn Dennis Nodrick
Applicant
v.
Correctional Service of Canada
And National Parole Board of Canada
Respondents
Library Heading
|
Judge: |
The Honourable Justice Joshua M. Arnold |
|
Heard: |
January 9 and February 4, 2014 in Amherst, Nova Scotia |
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Written Release: |
March 13, 2014 |
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Subject: |
Habeas Corpus; Territorial jurisdiction |
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Summary: |
Inmate commenced action for habeas corpus in NSSC while housed in Springhill Penitentiary, Nova Scotia. Inmate then transferred by CSC to Dorchester Penitentiary, New Brunswick. Crown objected to the NSSC maintaining jurisdiction |
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Issues: |
Can a provincial superior court assert jurisdiction over an inmate housed in another province? |
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Result: |
Test outlined for maintaining jurisdiction; jurisdiction of the NSSC in this case is declined. |
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