Can a superior court of appeal exercise its habeas corpus jurisdiction?
British Columbia, Canada
The following excerpt is from Staetter v. British Columbia (Adult Forensic Psychiatric Services), 2017 BCCA 68 (CanLII):
However, the court in May v. Ferndale held that, while in principle a superior court of inherent jurisdiction should exercise its habeas corpus jurisdiction, it should decline to do so in two situations: (1) where a statute such as the Criminal Code confers jurisdiction on a court of appeal to correct the errors of a lower court and release the applicant if need be, or (2) where the legislator has put in place a complete, comprehensive and expert procedure for review of an administrative decision.
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