What is the test for hearing an application for habeas corpus?

British Columbia, Canada


The following excerpt is from Thailand v. Saxena, 2009 BCSC 67 (CanLII):

The hearing of an application for habeas corpus involves the exercise of judicial discretion. In May v. Ferndale Institution, 2005 SCC 82, [2005] 3 S.C.R. 809, the court held that a provincial superior court should exercise its jurisdiction when requested and should not decline to do so merely because another alternate or more convenient remedy exists. Two recognized exceptions where a court may decline to exercise such discretion are: (i) where a statute confers jurisdiction on a court of appeal to correct the errors of the lower court and release the applicant if need be; or (ii) where the legislator has prescribed a complete, comprehensive and expert procedure for review of the administrative decision: May at para. 44.

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