Can a provincial superior court decline to hear an application for habeas corpus?
Ontario, Canada
The following excerpt is from Forster v Canada (Attorney General), 2017 ONSC 2865 (CanLII):
I conclude that this is a case where this court should decline to hear this application for habeas corpus. 44 … Only in limited circumstances will it be appropriate for a provincial superior court to decline to exercise its habeas corpus jurisdiction. For instance, in criminal law, where a statute confers jurisdiction on a court of appeal to correct the errors of a lower court and release the applicant if need be, habeas corpus will not be available… (May v. Ferndale)
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