What is the first stage of a habeas corpus application?
Ontario, Canada
The following excerpt is from Wang v. Canada, 2018 ONCA 798 (CanLII):
It is the first stage that we are concerned with in this case. Importantly, the first stage is not described as requiring the applicant to be detained in custody, or to be incarcerated, or to be held in a custodial facility, or any other such language. The key to the first stage is simply, but crucially, a deprivation of liberty. I note, on this point, that applicants must meet a low threshold at the jurisdictional stage of a habeas corpus application: Toure v. Canada (Minister of Public Safety and Emergency Preparedness), 2018 ONCA 681 (CanLII) at para. 51.
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