Page "Habeas corpus" Paragraph 19

Habeas corpus rights are part of the British legal tradition inherited by Canada.

The rights exist in the common law but have been enshrined in the Constitution Act 1982, under Section Ten of the Charter of Rights and Freedoms.

This states that " Everyone has the right on arrest or detention ... ( c ) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.