Habeas corpus
Habeas corpus is a court remedy that allows a person who is detained by the state to challenge the lawfulness of that detention and be released if it is unlawful. It is used mainly in criminal, immigration and prison contexts and has no ordinary application in business law.
How BC law treats it
In Canada, the right to have the validity of a detention determined by way of habeas corpus is guaranteed by s. 10(c) of the Canadian Charter of Rights and Freedoms (Mission Institution v Khela, 2014 SCC 24).
What it means for your business
Habeas corpus is unlikely to arise in a business context; business disputes are resolved through civil remedies.
Risks and common mistakes
Relying on business law resources for a detention issue risks delay; a person who is detained should get urgent advice from a criminal or immigration lawyer.
Browse the full Fulcrum Law Dictionary for related terms.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
