Simon's Megalomaniacal Legal Resources

Charter - Section 10(c) Habeas Corpus

. Chaudhary v. Canada (Public Safety and Emergency Preparedness)

In Chaudhary v. Canada (Public Safety and Emergency Preparedness) (Ont CA, 2015) the Court of Appeal notes that habeas corpus is protected by the Charter at s.10(c):

[39] Most significantly in Canada, it is guaranteed by s. 10(c) of the Charter, which reads as follows: "Everyone has the right on arrest or detention . . . to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful." As explained by the Supreme Court of Canada in May, at para. 22:

 Habeas corpus is a crucial remedy in the pursuit of two fundamental rights protected by the Canadian Charter of Rights and Freedoms: (1) the right to liberty of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice (s. 7 of the Charter); and (2) the right not to be arbitrarily detained or imprisoned (s. 9 of the Charter).