Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Habeas corpus

• 573.2 (1) Habeas corpus proceedings may be brought before a judge of the Court of Appeal of Nunavut in respect of an order made or warrant issued by a judge of the Nunavut Court of Justice, except where

  • (a) the order or warrant is of a kind that could only be made or issued in a province or a territory other than Nunavut by a superior court of criminal jurisdiction or a judge as defined in section 552; or

  • (b) another statutory right of review or appeal is available.

• Marginal note:Exception

  (2) Despite subsection (1), habeas corpus proceedings may be brought before a judge of the Court of Appeal of Nunavut with respect to an order or warrant of a judge of the Nunavut Court of Justice if the proceedings are brought to challenge the constitutionality of a person’s detention or confinement.

• Marginal note:Provisions apply

  (3) Subsections 784(2) to (6) apply in respect of any proceedings brought under subsection (1) or (2).