Does the correctness standard of review apply to an issue that involves a lower court's exercise of its habeas corpus jurisdiction?
Nova Scotia, Canada
The following excerpt is from Pratt v. Nova Scotia (Attorney General), 2020 NSCA 39 (CanLII):
Issues that involve a lower court’s exercise of its habeas corpus jurisdiction attract a correctness standard of review. It is well-established that if a provincial superior court improperly exercises or improperly declines to exercise jurisdiction this equates to an error of law and the correctness standard of review applies (May v. Ferndale Institution, 2005 SCC 82).
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