📜 Chapter 1: Rights and Responsibilities of Citizenship
Habeas corpus reaches Canada from which legal tradition?
Correct answer: English common law
A Provincial legislation passed after 1982
B The French civil code
✓ English common law
D International treaty law
💡 Explanation
Plainly that this protection comes to Canada from English common law.
Key facts to remember
- Habeas corpus is the right to challenge unlawful detention
- It protects a person held by the state without legal grounds
- It comes from English common law
Why this is the answer
From the official Discover Canada study guide — 1.1.3 Habeas Corpus:
Habeas corpus is one of the oldest protections a person can have. It is the right to challenge the state when the state holds someone in detention unlawfully. If you are locked up without legal grounds, you are not helpless — you can contest it. This right did not start in Canada. It arrived through English common law, which is one of the sources of Canadian law. It belongs to the same long tradition of ordered liberty that Canadians inherited from Britain.
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