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A Petition for Habeas Corpus

On April 7, the day before Mr. Weaver's second thirty-day review, I had filed in B.C. Supreme Court a petition for habeas corpus seeking an order for the release of Gary Weaver from unlawful segregation. The petition claimed there was no evidence to support a belief on reasonable grounds that there was a legal basis for segregation under s. 31(3) of the CCRA ; that Mr. Weaver's continued segregation had been in contravention of the mandatory provisions of the CCRA in respect to the written sharing of information and the conduct of segregation reviews; and that he had been denied the rights, privileges and conditions to which he was entitled in administrative segregation. There was a further ground for the petition: that the CCRA, by not providing for a segregation review process that was independent and impartial, violated the principles of fundamental justice, contrary to s. 7 of the Charter of Rights and Freedoms. The petition was set down for hearing for May 3 and 4.

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