Sentences with phrase «represented habeas corpus»

However, it is important to note that Justice Crighton's decision did not only follow the Alberta Rules of Court, but also relied on Alberta precedent for awarding costs against an unsuccessful self - represented habeas corpus applicant.

Not exact matches

But when it comes to the Guantanamo defendants now filing for habeas corpus in United States courts, the tables are turned, with Department of Justice lawyers struggling against an army of elite law firms and law professors who represent the detainees, according to the Wall Street Journal's editorial page:

However, even if this is true, it is not clear that costs awards are a fair or effective way to deal with vexatious self - represented inmates on unsuccessful habeas corpus applications because the rules of costs contemplate represented litigants, not self - represented ones.

Third, inmates who must represent themselves because they can not afford a lawyer have no way of knowing how to formulate and write a good habeas corpus application, and the steepest of costs awards will not help to enlighten them.

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.