HABEAS CORPUS
prison law
Habeas corpus is an important legal tool to notify judges and further educate the general public about unjust prison conditions. Our staff lawyers are available to offer consultations for those considering a habeas corpus application and can provide legal representation for cases that progress to a hearing.
What does the judge determine at a habeas hearing?
First, the judge will determine whether there is a deprivation of liberty. An example of a deprivation of liberty is placement in solitary confinement.
If the judge agrees that liberty has been deprived, they will inquire into whether corrections can offer valid reasons for imposing the deprivation(s). For example, in Nova Scotia, the Supreme Court previously accepted staffing shortages as a valid reason for keeping people in their cells much longer than is normal.
If the judge accepts the corrections' justifications, the application will be dismissed. If the judge finds that deprivation of liberty was unreasonable, they may order removal from the oppressive conditions being experienced.
The Process
FILE A HABEAS APPLICATION
The incarcerated individual files an application with the Nova Scotia Supreme Court.
HAVE A SCHEDULED CALL WITH THE JUDGE
After the application is received by the court, the court will schedule a call with the individual to discuss if the application may go forward to a hearing.
SUBMIT REQUIRED EVIDENCE
If the court schedules a hearing, written arguments and evidence must be submitted before the hearing date.
HABEAS CORPUS HEARING
At the hearing, the judge will assess evidence and arguments from the individual and correctional services to determine if rights have been violated and if correctional services can justify that violation. The judge may make an oral decision at the hearing, and indicate that they will publish their written reasons at a later date, or they will reserve their decision and only publish it in writing after the hearing.
Possible Remedies
Immediate release from conditions that are depriving liberty
A declaration or order from the judge that a practice or decision is unlawful
How PATH can help
Summary advice for someone contemplating making a habeas application.
Legal assistance drafting written submissions.
Legal representation at a hearing.
LOOKING FOR OUR HELP?
Fill out our Intake Form, or reach out to our Office Manager by phone at 902 - 704 - 3628 or by email at m.macdonald@pathlegal.ca.
We will reach out to you in a timely manner.
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Practicing lawyers
Jessica Rose
Managing Lawyer
Hanna Garson
Staff Lawyer
Emma Arnold
Staff Lawyer