By: Jonnette Watson Hamilton PDF Version: Alberta Court of Appeal Restores Access to Habeas Corpus Case Commented On: Wilcox v Alberta, 2020 ABCA 104 (CanLII) (Wilcox CA) This Court of Appeal decision is significant for a number of reasons. Most importantly, the decision means that accused individuals in pre-trial solitary confinement in Alberta now have […]
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By: Amy Matychuk PDF Version: Canada v Chhina: Supreme Court Makes Habeas Corpus Available to Immigration Detainees Case Commented On: Canada (Public Safety and Emergency Preparedness) v Chhina, 2019 SCC 29 On May 10, 2019, the Supreme Court of Canada released its judgment in Canada v Chhina (Chhina SCC). It held that habeas corpus is available to […]
By: Amy Matychuk PDF Version: Alberta Court of Queen’s Bench Introduces the Accelerated Habeas Corpus Review Procedure Case Commented On: Latham v Her Majesty the Queen, 2018 ABQB 69 (CanLII) In an attempt to address the proliferation of habeas corpus applications from inmates in Alberta institutions, the Alberta Court of Queen’s Bench (Edmonton) has introduced a new […]
By: Amy Matychuk PDF Version: “Beyond This Court’s Capacity”: Habeas Corpus Hearings Restricted to Liberty Remedies Only Case Commented On: McCargar v Canada, 2017 ABQB 416 (CanLII) On May 5, 2017, Mr. McCargar, currently a federal prison inmate, filed a joint habeas corpus application in the Court of Queen’s Bench on behalf of himself and three […]
By: Amy Matychuk PDF Version: Ewanchuk Continues to Treat Habeas Corpus as an All-Purpose Remedy Case Commented On: Ewanchuk v Canada (Parole Board), 2017 ABCA 145 (CanLII) On May 16, 2017, the Alberta Court of Appeal (ABCA) released a decision dismissing a habeas corpus application with certiorari in aid from Stephen Brian Ewanchuk, who just this […]