Ontario Criminal


Criminal Law

Extraordinary remedies

Habeas corpus with certiorari in aid

Application in nature of habeas corpus with certiorari in aid was dismissed?

Accused was convicted on charge of importing cocaine as person charged with offence under s. 6(1) of Controlled Drugs and Substances Act. Accused brought application in nature of habeas corpus with certiorari in aid before judge of Superior Court of Justice which was dismissed. Accused appealed. Appeal dismissed. Limited exception to general unavailability of habeas corpus as remedy against denial of judicial interim release was beyond accused’s grasp. Further, accused has not attempted to comply with notice requirements applicable to challenges under s. 52 of Constitution Act. To permit her to invoke habeas corpus to achieve same result would be to allow her to mount indirect attack on integrity of the legislation, a course that was not open to her. ?

R. v. Passera (2017), 2017 CarswellOnt 5311, 2017 ONCA 308, David Watt J.A., K. van Rensburg J.A., and G. Pardu J.A. (Ont. C.A.).

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