Can a court order the release of a prisoner on habeas corpus?

The writ of habeas corpus is “a prerogative writ at common law, the purpose of which is to allow the timely examination of the legality of imprisonment”. The only remedy available is release. In the context of a case like this, the object of an order for release is to return the prisoner to the status quo prior to the decision that deprived him or her of liberty: Mapara v. Sandhu, 2014 BCCA 49 at paras. 19 and 22. An order quashing the decision to involuntarily transfer a prisoner cannot be made on habeas corpus: Mapara at para. 22.

An application for habeas corpus engages a well-established two-part test. First, the applicant must establish that he has been deprived of liberty. Second, if there has been a deprivation of liberty, the applicant must raise a legitimate ground upon which to question the legality of that deprivation. If the applicant satisfies these two requirements, the onus shifts to the respondent to show the deprivation was lawful: May v. Ferndale, 2005 SCC 82 at para. 74 and Palfrey v. Warden of Mission Institution, 2015 BCSC 1777 at para. 13.