What is the current state of the law on habeas corpus?

British Columbia, Canada


The following excerpt is from Cardinal v. Kent Institution, 1982 CanLII 434 (BC CA):

With respect to this issue, I am of the opinion that the approach taken by Warren C.J.U.S. in Peyton v. Rowe (1968), 391 U.S. 54, 20 L. Ed. (2d) 426, 88 S. Ct. 1549, is apt. In that case he said [per U.S. headnote]: The writ of habeas corpus is not a static, narrow formalistic remedy and its scope has continually developed in order that it constantly protect individuals against the erosion of the right to be free from wrongful restraints on their liberty.

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