Sentences with phrase «discouraging habeas»

By: Amy Matychuk PDF Version: Costs to the Respondent: Discouraging Habeas Corpus Applications Case Commented On: Voisey v Canada (Attorney General), 2016 ABQB 316 (CanLII) In Voisey v Canada (Attorney General), 2016 ABQB 316, Justice Crighton of the Alberta Court of... Continue reading →

Using a costs award to discourage unnecessary litigation over money between represented parties is one thing, but using a costs award to discourage a habeas corpus claim involving a self - represented litigant amounts to financially penalizing Mr. Voisey's attempted enforcement of his own human rights, which seems unnecessarily severe.

Not exact matches

But given the importance of the liberty interest at stake, inmates» lack of access to information and representation, and inmates» doubtful capacity to actually pay a costs award, perhaps costs are not an effective way of discouraging frivolous habeas corpus applications.