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C-25.01 - Code of Civil Procedure
Section 398
Disposition versions
398. Any person deprived of liberty without it having been ordered by a decision of the competent court may ask the Superior Court to rule on the lawfulness of the detention and order the person’s release if the detention is unlawful. A third person may act on the person’s behalf.
The summons directs the detaining authority to appear before the court on the date specified in order to explain the reasons for the detention.
If the deprivation of liberty is due to confinement in an institution governed by health services and social services legislation or to detention in a correctional facility or a penitentiary, the application must be notified to the Attorney General, together with a notice of the date of presentation.
