What is the test for a habeas corpus application?
British Columbia, Canada
The following excerpt is from Howdle v Canada (Attorney General), 2018 BCSC 1775 (CanLII):
As explained in May v. Ferndale Institution, 2005 SCC 82 at para. 74, a successful habeas corpus application requires two elements: (1) a deprivation of liberty and (2) that the deprivation is unlawful. The applicant inmate has the onus of demonstrating a deprivation of liberty and the respondent institution has the onus of establishing the lawfulness of its decision.
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