For those who face false perhaps politically motivated arrests, detentions, charges, the Ontario court of justice bail hearings…here’s what is no doubt a very incomplete explanation of the Habeus Corpus system in CAN.

amongst the people in jail, Habeus Corpus is sometimes referred to as “high court bail hearing.”

#1. read this material and then do much more study on your own. print off cases, arguments, etc…memorize them so that if you’re ever unexpectedly incarcerated, you’ll be able to make the needed arguments from the prisoner’s box at the Habeus Corpus hearing.

note: the province of ON’s provincial ON court of justice (OCJ) is a fundamentally fraudulent, abusive, manipulative, exploitative, etc…bail hearing system (aka “judicial interim release”). it is very heavily weighted in favor of the pigs and crown and against people.

one of the worst things that can happen at one of these OCJ bail hearings is that the justice of the peace puts on a “blanket publication ban.” because soooooooo many of the prosecutions in ON are politically motivated (they’ll obviously deny deny deny that) and so therefore fundamentally unlawful, the JPs are more and more serving up these “blanket publication bans” to keep the stench of the prosecutions from going public as long as possible.

#2. upon arrest on false politically motivated charges, immediately and publicly invoke your right to Habeus Corpus. make sure you do it clearly and more than once on camera at the pig sty during booking. then once the malicious prosecution begins and the disclosure begins to be provided, make sure you notify the crown in writing that you want the video from you being booked at the pig sty provided as well.

as a head’s up: there are quite a few pieces of disclosure which aren’t automatically provided as per Stinchombe. the defendant has to specifically identify and request those. the crown might provide them on request but the defendant might have to actually go so far as to file a record’s motion.

#3. Habeus Corpus is Latin and translates in English to “produce the body.” lots of definitions on the internet but as always people should be using legal dictionaries. This “Great Writ” can be used in both criminal cases and child custody…

(including CA$ cases…ever hear of a Legal Aid ON duty counsel or certificate lawyer even whisper let alone mention using habeus corpus to get a child back from the CA$ filth and their judgies?)

…mental health, deportation and perhaps other types of cases. it can be invoked orally=doesn’t appear to always have to be put in writing but there might be some pressure on the defendant to put something onto paper prior to the hearing.

if you do go to a Habeus Corpus hearing immediately invoke the possibility of entering your evidence “viva voce”=”with one’s own voice.” this means that you get sworn in and give evidence under oath which is the one of the strongest ways to give evidence (and which is different from making arguments/”submissions” from the body of the court).

it takes some experience with and study of the law to understand the distinction between making arguments/submissions and giving evidence but keep that in mind when on the witness stand.

#4. http://en.wikipedia.org/wiki/Habeas_corpus#Canada
Canada
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.[11] 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."
The writ is available where there is no other adequate remedy. However, a superior court always has the discretion to grant the writ even in the face of an alternative remedy (see May v. Ferndale Institution). Under the Criminal Code of Canada the writ is largely unavailable if a statutory right of appeal exists, whether or not this right has been exercised.
New Zealand
In New Zealand habeas corpus may be invoked against the government or private individuals. In 2006, a child was allegedly kidnapped by his maternal grandfather after a custody dispute. The father began habeas corpus proceedings against the mother, the grandfather, the grandmother, the great grandmother, and another person alleged to have assisted in the kidnap of the child. The mother did not present the child to the court and so was imprisoned for contempt of court.[22] She was released when the grandfather came forward with the child in late January 2007.

#5. Habeus Corpus is written about in the Criminal Code of Code of Canada in about eight or so different sections: 774, 774.1, 784 (3) (4) (5) (6), section 782, section 775, section 650.01 (1) (3) (iii), section 78. involved people should read and re-read and memorize these sections just in case:

section 774

when doing Habeus Corpus the defendant has to physically present:
PART XXVIEXTRAORDINARY REMEDIES

Application of Part
774. This Part applies to proceedings in criminal matters by way of certiorari, habeas corpus, mandamus, procedendo and prohibition.

Appearance in person — habeas corpus
774.1 Despite any other provision of this Act, the person who is the subject of a writ of habeas corpus must appear personally in court.

section 784 (3) (4) (5) (6)

better have your legal arguments tight and ready to go:
Refusal of application, and appeal

(3) Where an application for a writ of habeas corpus ad subjiciendum is refused by a judge of a court having jurisdiction therein, no application may again be made on the same grounds, whether to the same or to another court or judge, unless fresh evidence is adduced, but an appeal from that refusal shall lie to the court of appeal, and where on the appeal the application is refused a further appeal shall lie to the Supreme Court of Canada, with leave of that Court.
Where writ granted

(4) Where a writ of habeas corpus ad subjiciendum is granted by any judge, no appeal therefrom shall lie at the instance of any party including the Attorney General of the province concerned or the Attorney General of Canada.
Appeal from judgment on return of writ

(5) Where a judgment is issued on the return of a writ of habeas corpus ad subjiciendum, an appeal therefrom lies to the court of appeal, and from a judgment of the court of appeal to the Supreme Court of Canada, with the leave of that Court, at the instance of the applicant or the Attorney General of the province concerned or the Attorney General of Canada, but not at the instance of any other party.

Hearing of appeal
(6) An appeal in habeas corpus matters shall be heard by the court to which the appeal is directed at an early date, whether in or out of the prescribed sessions of the court.

section 782

just because there are technical type of mistakes in the warrant of committal doesn't automatically mean the application for Habeus Corpus will be successful: 
Defect in form
782. No warrant of committal shall, on certiorari or habeas corpus, be held to be void by reason only of any defect therein, where
(a) it is alleged in the warrant that the defendant was convicted; and
(b) there is a valid conviction to sustain the warrant.

section 775

can use it even after conviction:
Detention on inquiry to determine legality of imprisonment
775. Where proceedings to which this Part applies have been instituted before a judge or court having jurisdiction, by or in respect of a person who is in custody by reason that he is charged with or has been convicted of an offence, to have the legality of his imprisonment determined, the judge or court may, without determining the question, make an order for the further detention of that person and direct the judge, justice or provincial court judge under whose warrant he is in custody, or any other judge, justice or provincial court judge, to take any proceedings, hear such evidence or do any other thing that, in the opinion of the judge or court, will best further the ends of justice.

section 650.01 (1) (3) (iii)

the defendant, who must be physically present, can chose to have a lawyer represent you in this Habeus Corpus hearing:
Designation of counsel of record
650.01 (1) An accused may appoint counsel to represent the accused for any proceedings under this Act by filing a designation with the court.
Effect of designation
(3) If a designation is filed,
(iii) an application for a writ of habeas corpus;

section 783
no big surprise here: built in protection for the judge who ordered the unlawful detention:
No action against official when conviction, etc., quashed
783. Where an application is made to quash a conviction, order or other proceeding made or held by a provincial court judge acting under Part XIX or a justice on the ground that he exceeded his jurisdiction, the court to which or the judge to whom the application is made may, in quashing the conviction, order or other proceeding, order that no civil proceedings shall be taken against the justice or provincial court judge or against any officer who acted under the conviction, order or other proceeding or under any warrant issued to enforce it.

#6. each province has it's own provincial Habeus Corpus Act:

e-laws.gov.on.ca/html/statutes/

#7. and here are a couple of Supreme Court of Canada cases dealing with Habeus Corpus. Print these one and others off, study and memorize them because the defendant, whose goal is to impress the judge with his knowledge, will have to argue these cases in any Habeus Corpus hearing which might occur:

scc-csc/scc-csc/en/7094/1/document.do

scc-csc/scc-csc/en/item/7622/index.do

scc-csc/scc-csc/en/item/105/index.do

Video Source:
youtube.com/watch?v=RofhxuyySv8