On May 9, 2025, White House Deputy Chief of Staff Stephen Millar informed reporters that the administration of President Donald J. Trump is “actively looking at” the possibility of suspending the writ of habeas corpus in the deportation of deemed-illegal immigrants.[1]

This post explains the writ of habeas corpus , its place in Canadian and American law, and the implications if the White House announcement were implemented.

The Writ of Habeas Corpus in Canada

Known as the “Great Writ of Liberty”,[2] habeas corpus is a prerogative writ whose origins are “shrouded in the dim past”.[3] It can be traced back at least to the Magna Carta, which stated that “no man shall be arrested or imprisoned… except by the lawful judgement of his equals or by the law of the land.”[4] Writing extra

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