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Habeas Corpus - Standard of Review

. Wang v Canada

In Wang v. Canada (Ont CA, 2018) the court notes that the standard of judicial review is one of 'correctness'. In judicial review cases the law distinguishes 'correctness' from 'reasonableness', the latter being more forgiving of the tribunal below and the former requiring that the decision below be simply 'correct'.
[12] Before embarking on that review, however, I would point out that the scope of the writ of habeas corpus constitutes a question of law. The standard of review is, thus, one of correctness: Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235, at para. 8.

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Last modified: 08-01-23
By: admin