What is the standard of review under the writ of habeas corpus?

Ontario, Canada


The following excerpt is from Wang v. Canada, 2018 ONCA 798 (CanLII):

Before embarking on that review, however, I would point out that the scope of the writ of habeas corpus constitutes a question of law. The standard of review is, thus, one of correctness: Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235, at para. 8.

I begin with the decision in May v. Ferndale Institution, 2005 SCC 82 (CanLII), [2005] 3 S.C.R. 809. While May involved a challenge by federal inmates to the reclassification of their security level within the federal penitentiary system, and was thus factually distinct from the situation here, the importance of the decision for current purposes lies in its review of the history and principles surrounding habeas corpus.

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