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habeas corpus

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habeas corpus
last revised October 11, 2019

Habeas Corpus Definition:
Latin: a court petition which orders that a man or woman being detained be produced before a judge for a hearing to decide whether the detention of that man or woman is lawful.

¶5(4) of the 1950 European Convention on Human Rights states:
"Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. "
¶10 of the Canadian Charter of Rights and Freedoms is as follows:
"Everyone has the right on arrest or detention to be informed promptly of the reasons therefor; to retain and instruct counsel without delay and to be informed of that right; and to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful."
A distinctive feature of martial law is the suspension of this remedy.
¶9 of the US Constitution reads:
"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
Habeas Corpus Act 1679
Habeas Corpus Act R.S.O. 1990, CHAPTER H.1 is statute and only applicable to the legal fiction in Star Chamber courts
Habeas corpus was one of the concessions the British Monarch made in the Magna Carta and has stood as a basic individual right against arbitrary arrest and imprisonment.

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