What are the elements of an application for habeas corpus?

Two elements are considered in an application for habeas corpus: i) there must be a deprivation of liberty; and ii) the deprivation must be unlawful. The onus of establishing the deprivation of liberty rests with the applicant. If the applicant is successful, the onus shifts to the detaining authority to establish the lawfulness of that deprivation. A deprivation of liberty will only be lawful if it occurred in a manner consistent with the Charter, the common law duty of procedural fairness, and the administrative decision-maker’s statutory jurisdiction: May v. Ferndale Institution, 2005 SCC 82 at paras. 74-77.