What is the test for deprivation of liberty under the writ of habeas corpus?
Ontario, Canada
The following excerpt is from Lee Jr. v. R., 2011 ONSC 2490 (CanLII):
The onus of establishing the deprivation of liberty rests with the applicant while the onus of establishing the lawfulness of the deprivation lies with the respondent. See May v. Ferndale, supra. The practical remedy that the writ of habeas corpus affords is release.
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