The appellant, convicted of possession of a narcotic for the purpose of trafficking, filed an appeal and a petition for a writ of habeas corpus.
The Court of Appeal dismissed the habeas corpus petition on the basis that the alleged lack of jurisdiction of the trial court could have been raised by way of appeal.
The Supreme Court of Canada dismissed the appeal, agreeing with the Court of Appeal that habeas corpus does not lie in these circumstances, noting that the legal issues would be addressed in the appellant's separate appeal on the merits.
