3(1)If the return of a writ of habeas corpus is sufficient in law, the judge before whom it is returnable may proceed to examine into the truth of the facts set forth therein, and into the cause of the confinement, by affidavit, and may do therein as to justice shall appertain.

3(2)If when the writ is returned before a judge it appears doubtful whether the material facts set forth in the return are true, he shall proceed in a summary way, by affidavit, to examine into the facts stated in the return, or shall direct an issue for the trial thereof, and shall deal with the party in the meantime as may appear just.

6(1)The keeper of a jail or prison shall immediately upon the receipt of an order made pursuant to section 5 make a true and full return in writing to the judge, of the day and cause of such taking and detention to the same effect as a return to a writ of habeas corpus, including a copy of the process, warrant or order upon which the prisoner is held.

6(2)The judge may enforce obedience to an order made pursuant to section 5 by process of contempt in the same manner as he may compel proper return to be made to a writ of habeas corpus.

7(1)Upon return to an order made pursuant to section 5, the judge may proceed to examine into and decide upon the legality of the imprisonment and make such order, require such verification and direct such notices or further returns in respect thereof as he may deem necessary or proper for the purposes of justice, and may by order in writing require the immediate discharge from prison, or may direct the bailment of the prisoner in such manner and for such purpose, and with the like effect and proceeding as is allowed upon habeas corpus.

7(2)Such bail, when ordered, shall be entered into before the clerk of the Trial Division of The Court of Queen’s Bench of New Brunswick for the judicial district in which the judge has directed the bailment of the prisoner under subsection (1).

11(1)No order made under this Act shall require or enable the keeper of any jail or prison to discharge the prisoner from any commitment or charge, other than that specified in this order; but the keeper, in every return made to a judge’s order, shall specify the several causes of commitment and detention, if more than one.

11(2)If between the time of making the return and receiving an order for the discharge of bailment, any other warrant, process or order has been delivered to the keeper of the jail or prison requiring the detention of the prisoner in connection with any criminal or quasi-criminal proceedings, the keeper shall, without any further order, make and transmit to the judge an additional return, with a copy of such warrant, process, or order, and the time of receiving the same; which may be dealt with by the judge as if made pursuant to an order for that purpose granted.

12(1)Nothing in this Act shall extend or be construed to deprive any person who has been falsely imprisoned, from his remedy by civil suit against any person who has illegally caused such imprisonment; but the judge by whom relief may be afforded under this Act may by his order exempt a keeper of a jail from civil suit who may appear to him to have acted upon the warrant or order of any judge or justice, according to the requirement of the same, without malice or evil intent, although the warrant or order may be bad in form or substance.

12(2)The order of exemption is a bar to an action brought against such keeper, and the same may be given in evidence under the general issue.

13(1)Unless otherwise ordered by a judge, for the purposes of this Act the father and the mother of a minor are joint guardians of the minor and are equally entitled to the custody and control of, and access to, the minor.

13(1.1)When an application is made to a judge by proceedings under this Act, or otherwise, for the custody or control of any minor, or access to any minor, it is the duty of the judge before whom such application is heard to take into consideration the welfare of such minor, and to the conduct and circumstances of the parents and the wishes of the mother and the father in deciding between the claims of the parents of such minor.

13(2)The order of a judge made under the authority of this section is subject to appeal to The Court of Appeal.