Legal Studies 3080

Habeas Corpus

Habeas corpus is a very important legal concept and a right enshrined in the Canadian Charter of Rights and Freedoms. Habeas corpus is a Latin phrase meaning you must have the body. A writ of habeas corpus is a document requiring a person held in custody to be brought quickly before a judge. There the authorities must explain why the person is being held.


Habeas corpus is a fundamental legal principle; without it, the police could arrest suspects and keep them indefinitely without trial. With it, anyone denied a bail hearing after arrest can apply for a writ and will be brought promptly before a judge. If the judge rules that there is sufficient reason to hold the accused, every eight days the accused has the opportunity to be brought before a judge again to disclose any mistreatment.