What is the test for an application for habeas corpus?

British Columbia, Canada


The following excerpt is from Keiros-Meyer v Canada (Attorney General), 2018 BCSC 1104 (CanLII):

On an application for habeas corpus, the applicant must show that he has suffered a deprivation of liberty and some basis to question the legality of that deprivation. If the applicant does so, the respondent must show that the deprivation was lawful: May, at paras. 71, 74, 77; and Mission Institution v. Khela, 2014 SCC 24 at paras. 30 and 41.

Other Questions


If an application is not seeking a remedy for release, is the application not for habeas corpus? (British Columbia, Canada)
What is the test for hearing an application for habeas corpus? (British Columbia, Canada)
Does lack of jurisdiction apply to a habeas corpus application? (British Columbia, Canada)
What is the test on an application for habeas corpus in India? (British Columbia, Canada)
Does the Superior Court of Justice have concurrent jurisdiction with the Federal Court to hear a habeas corpus application? (British Columbia, Canada)
Can an application for habeas corpus with certiorari in aid succeed? (British Columbia, Canada)
What is the test for a habeas corpus application? (British Columbia, Canada)
What are the elements of an application for habeas corpus? (British Columbia, Canada)
What is the test for a Habeas corpus application? (British Columbia, Canada)
Does the Court have jurisdiction to hear an application for habeas corpus? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.