Does lack of jurisdiction apply to a habeas corpus application?

British Columbia, Canada


The following excerpt is from Woodhouse v. Canada (Correctional Service), 2010 BCSC 754 (CanLII):

In Mowers v. Canada (Attorney General), 2009 BCSC 1566, Grist J. said at para. 10 that where lack of jurisdiction was concerned, unless the decision was arbitrary or patently unreasonable, the court should not, on a habeas corpus application, consider whether the facts found by the decision-maker or the conclusions reached are reasonable.

In Tschritter v. Canada (Attorney General), [2009] B.C.J. No. 2271, at para. 27, Grist J. described the nature of the court’s review where jurisdiction is concerned as “better characterized as a failure of sustaining evidence, rather than a question of sufficiency of evidence”.

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