What is the test for a writ of habeas corpus?
British Columbia, Canada
The following excerpt is from Mcqueen v. Warden of The Regional Health Centre, 1997 CanLII 439 (BC SC):
A review of the law would make it clear why this petition must fail. Nature of the Writ The writ of habeas corpus is steeped in history and was one of the earliest means employed by free subjects to guarantee their liberty. It has for centuries been a weapon in the war against tyranny of wrongful imprisonment. Cory J: Idziak v. Canada (Minister of Justice) (1992), 1992 CanLII 51 (SCC), 77 C.C.C. (3d) 65 (S.C.C.)
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