What is the test for a Habeas corpus application?

British Columbia, Canada


The following excerpt is from Tschritter v. Canada (Attorney General), 2009 BCSC 1565 (CanLII):

Habeas corpus challenges the legality of the imprisonment in asserting that the decision-maker has acted outside of the lawful scope of the jurisdiction purportedly exercised in restricting the applicant's liberty. Grounds upon which the Writ has been successfully used to reverse institutional decisions limiting the residual liberty of inmates have included a loss of jurisdiction as a result of a breach of procedural fairness. In May v. Ferndale Institution, the breach was in failing to provide the scoring matrix to be employed in reclassifying inmates who stood in jeopardy of being transferred to higher security institutions.

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