Ontario civil | Administrative Law | Prerogative remedies | Habeas corpus in civil proceedings
Foreign nationals (applicants) were arrested in Canada under Immigration and Refugee Protection Act on basis that they had multiple fraudulent identities and were fugitives from China. While on house arrest, applicants unsuccessfully applied for habeas corpus. Application judge concluded that because applicants were not being held in custody, they were not detained, so writ of habeas corpus could not apply. Applicants appealed. Appeal allowed; application remitted for redetermination. Application judge’s conclusion was not supported in case law and did not accord with fundamental constitutional values underlying remedy. Habeas corpus can apply where person seeks to challenge deprivation of liberty that arises from situation other than being held in custodial facility. Where state acts to restrict individual’s liberty, individual must have right to seek review of legitimacy of those restrictions. Person subject to house arrest has had their liberty restricted.
Wang v. Canada (2018), 2018 CarswellOnt 16199, 2018 ONCA 798, C.W. Hourigan J.A., I.V.B. Nordheimer J.A., and Harvison Young J.A. (Ont. C.A.); reversed (2017), 2017 CarswellOnt 7251, 2017 ONSC 2841, Diamond J. (Ont. S.C.J.).
